[House Report 112-458]
[From the U.S. Government Publishing Office]
112th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 112-458
_______________________________________________________________________
STUDENT SUCCESS ACT
----------
R E P O R T
of the
COMMITTEE ON EDUCATION AND THE WORKFORCE
to accompany
H.R. 3989
TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, INFORM
PARENTS OF THEIR SCHOOLS' PERFORMANCE
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 27, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
STUDENT SUCCESS ACT
112th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 112-458
_______________________________________________________________________
STUDENT SUCCESS ACT
__________
R E P O R T
of the
COMMITTEE ON EDUCATION AND THE WORKFORCE
to accompany
H.R. 3989
TO SUPPORT STATE AND LOCAL ACCOUNTABILITY FOR PUBLIC EDUCATION, INFORM
PARENTS OF THEIR SCHOOLS' PERFORMANCE
together with
MINORITY VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
April 27, 2012.--Committed to the Committee of the Whole House of the
State of the Union and ordered to be printed
----------
U.S. GOVERNMENT PRINTING OFFICE
73-975 WASHINGTON : 2012
112th Congress } { Report
2d Session } HOUSE OF REPRESENTATIVES { 112-458
=======================================================================
STUDENT SUCCESS ACT
_______
April 27, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Kline, from the Committee on Education and the Workforce, submitted
the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3989]
[Including cost estimate of the Congressional Budget Office]
The Committee on Education and the Workforce, to whom was
referred the bill (H.R. 3989) to support State and local
accountability for public education, inform parents of their
schools' performance, and for other purposes, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Student Success Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Transition.
Sec. 5. Effective dates.
Sec. 6. Authorization of appropriations.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
Sec. 101. Title heading.
Sec. 102. Statement of purpose.
Sec. 103. Flexibility to use Federal funds.
Sec. 104. School improvement.
Sec. 105. Direct student services.
Sec. 106. State administration.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
Sec. 111. Part A headings.
Sec. 112. State plans.
Sec. 113. Local educational agency plans.
Sec. 114. Eligible school attendance areas.
Sec. 115. Schoolwide programs.
Sec. 116. Targeted assistance schools.
Sec. 117. Academic assessment and local educational agency and school
improvement; school support and recognition.
Sec. 118. Parental involvement.
Sec. 119. Qualifications for teachers and paraprofessionals.
Sec. 120. Participation of children enrolled in private schools.
Sec. 121. Fiscal requirements.
Sec. 122. Coordination requirements.
Sec. 123. Grants for the outlying areas and the Secretary of the
Interior.
Sec. 124. Allocations to States.
Sec. 125. Basic grants to local educational agencies.
Sec. 126. Adequacy of funding of targeted grants to local educational
agencies in fiscal years after fiscal year 2001.
Sec. 127. Education finance incentive grant program.
Sec. 128. Carryover and waiver.
Subtitle C--Additional Aid to States and School Districts
Sec. 131. Additional aid.
Subtitle D--National Assessment
Sec. 141. National assessment of title I.
Subtitle E--Title I General Provisions
Sec. 151. General provisions for title I.
TITLE II--GENERAL PROVISIONS FOR THE ACT
Sec. 201. General provisions for the Act.
Sec. 202. Repeal.
Sec. 203. Other laws.
Sec. 204. Amendment to IDEA.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
SEC. 4. TRANSITION.
Unless otherwise provided in this Act, any person or agency that was
awarded a grant under the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.) prior to the date of the enactment of
this Act shall continue to receive funds in accordance with the terms
of such award, except that funds for such award may not continue more
than one year after the date of the enactment of this Act.
SEC. 5. EFFECTIVE DATES.
(a) In General.--Except as otherwise provided in this Act, this Act,
and the amendments made by this Act, shall be effective upon the date
of enactment of this Act.
(b) Noncompetitive Programs.--With respect to noncompetitive programs
under which any funds are allotted by the Secretary of Education to
recipients on the basis of a formula, this Act, and the amendments made
by this Act, shall take effect on July 1, 2012.
(c) Competitive Programs.--With respect to programs that are
conducted by the Secretary on a competitive basis, this Act, and the
amendments made by this Act, shall take effect with respect to
appropriations for use under those programs for fiscal year 2013.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 2 the following:
``SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Title I.--
``(1) Part a.--There are authorized to be appropriated to
carry out part A of title I $16,651,768,000 for fiscal year
2013.
``(2) Part b.--There are authorized to be appropriated to
carry out part B of title I $3,194,000 for fiscal year 2013.
``(b) Out Years.--The amounts authorized by subsection (a) shall be
increased for each of fiscal years 2014 through 2018 by a percentage
equal to the percentage of inflation according to the Consumer Price
Index, for the calendar year ending prior to the beginning of that
fiscal year.''.
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
Subtitle A--In General
SEC. 101. TITLE HEADING.
The title heading for title I (20 U.S.C. 6301 et seq.) is amended to
read as follows:
``TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES''.
SEC. 102. STATEMENT OF PURPOSE.
Section 1001 (20 U.S.C. 6301) is amended to read as follows:
``SEC. 1001. STATEMENT OF PURPOSE.
``The purpose of this title is to provide all children the
opportunity to graduate high school prepared for postsecondary
education or the workforce. This purpose can be accomplished by--
``(1) meeting the educational needs of low-achieving children
in our Nation's highest-poverty schools, English learners,
migratory children, children with disabilities, Indian
children, and neglected or delinquent children;
``(2) closing the achievement gap between high- and low-
performing children, especially the achievement gaps between
minority and nonminority students, and between disadvantaged
children and their more advantaged peers;
``(3) affording parents substantial and meaningful
opportunities to participate in the education of their
children; and
``(4) challenging States and local educational agencies to
embrace meaningful, evidence-based education reform, while
encouraging state and local innovation.''.
SEC. 103. FLEXIBILITY TO USE FEDERAL FUNDS.
Section 1002 (20 U.S.C. 6302) is amended to read as follows:
``SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.
``(a) Alternative Uses of Federal Funds for State Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a State educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any State activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Section 1004.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(F) Chapter B of subpart 6 of part A of title I.
``(2) Notification.--Not later than June 1 of each year, a
State educational agency shall notify the Secretary of the
State educational agency's intention to use the applicable
funding for any of the alternative uses under paragraph (1).
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in subparagraph
(B), in this subsection, the term `applicable funding'
means funds provided to carry out State activities
under one or more of the following provisions.
``(i) Section 1003.
``(ii) Section 1004.
``(iii) Subpart 2 of part A of title I.
``(iv) Subpart 3 of part A of title I.
``(v) Subpart 4 of part A of title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that State educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to local
educational agencies or other entities eligible
to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year at the
same time as the Secretary disburses the applicable funding to
State educational agencies that do not intend to use the
applicable funding for such alternative uses for the fiscal
year.
``(b) Alternative Uses of Federal Funds for Local Educational
Agencies.--
``(1) In general.--Subject to subsections (c) and (d) and
notwithstanding any other provision of law, a local educational
agency may use the applicable funding that the agency receives
for a fiscal year to carry out any local activity authorized or
required under one or more of the following provisions:
``(A) Section 1003.
``(B) Subpart 1 of part A of title I.
``(C) Subpart 2 of part A of title I.
``(D) Subpart 3 of part A of title I.
``(E) Subpart 4 of part A of title I.
``(F) Subpart 6 of part A of title I.
``(2) Notification.--A local educational agency shall notify
the State educational agency of the local educational agency's
intention to use the applicable funding for any of the
alternative uses under paragraph (1) by a date that is
established by the State educational agency for the
notification.
``(3) Applicable funding defined.--
``(A) In general.--Except as provided in subparagraph
(B), in this subsection, the term `applicable funding'
means funds provided to carry out local activities
under one or more of the following provisions:
``(i) Subpart 2 of part A of title I.
``(ii) Subpart 3 of part A of title I.
``(iii) Subpart 4 of part A of title I.
``(iv) Chapter A of subpart 6 of part A of
title I.
``(B) Limitation.--In this subsection, the term
`applicable funding' does not include funds provided
under any of the provisions listed in subparagraph (A)
that local educational agencies are required by this
Act--
``(i) to reserve, allocate, or spend for
required activities;
``(ii) to allocate, allot, or award to
entities eligible to receive such funds; or
``(iii) to use for technical assistance or
monitoring.
``(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall disburse
the applicable funding to local educational agencies for
alternative uses under paragraph (1) for the fiscal year at the
same time as the State educational agency disburses the
applicable funding to local educational agencies that do not
intend to use the applicable funding for such alternative uses
for the fiscal year.
``(c) Rule for Administrative Costs.--A State educational agency or a
local educational agency shall only use applicable funding (as defined
in subsection (a)(3) or (b)(3), respectively) for administrative costs
incurred in carrying out a provision listed in subsection (a)(1) or
(b)(1), respectively, to the extent that the agency, in the absence of
this section, could have used funds for administrative costs with
respect to a program listed in subsection (a)(3) or (b)(3),
respectively.
``(d) Rule of Construction.--Nothing in this section shall be
construed to relieve a State educational agency or local educational
agency of any requirements relating to--
``(1) use of Federal funds to supplement, not supplant, non-
Federal funds;
``(2) comparability of services;
``(3) equitable participation of private school students and
teachers;
``(4) applicable civil rights requirements;
``(5) section 1113; or
``(6) section 1111.''.
SEC. 104. SCHOOL IMPROVEMENT.
Section 1003 (20 U.S.C. 6303) is amended--
(1) in subsection (a)--
(A) by striking ``2 percent'' and inserting ``7
percent''; and
(B) by striking ``subpart 2 of part A'' and all that
follows through ``sections 1116 and 1117,'' and
inserting ``chapter B of subpart 1 of part A for each
fiscal year to carry out subsection (b),'';
(2) in subsection (b)(1), by striking ``for schools
identified for school improvement, corrective action, and
restructuring, for activities under section 1116(b)'' and
inserting ``to carry out the State's system of school
improvement under section 1111(b)(3)(B)(iii)'';
(3) in subsection (c)--
(A) in paragraph (1), by inserting ``and'' at the
end;
(B) in paragraph (2), by striking ``need for such
funds; and'' and inserting ``commitment to using such
funds to improve such schools.''; and
(C) by striking paragraph (3);
(4) in subsection (d)(1), by striking ``subpart 2 of part
A;'' and inserting ``chapter B of subpart 1 of part A;'';
(5) in subsection (e)--
(A) by striking ``in any fiscal year'' and inserting
``in fiscal year 2014 and each subsequent fiscal
year'';
(B) by striking ``subpart 2'' and inserting ``chapter
B of subpart 1 of part A''; and
(C) by striking ``such subpart'' and inserting ``such
chapter'';
(6) in subsection (f), by striking ``and the percentage of
students from each school from families with incomes below the
poverty line''; and
(7) by striking subsection (g).
SEC. 105. DIRECT STUDENT SERVICES.
The Act (20 U.S.C. 6301 et seq.) is amended by inserting after
section 1003 the following:
``SEC. 1003A. DIRECT STUDENT SERVICES.
``(a) State Reservation.--Each State shall reserve 3 percent of the
amount the State receives under chapter B of subpart 1 of part A for
each fiscal year to carry out this section. Of such reserved funds, the
State educational agency may use up to 1 percent to administer direct
student services.
``(b) Direct Student Services.--From the amount available after the
application of subsection (a), each State shall award grants in
accordance with this section to local educational agencies to support
direct student services.
``(c) Awards.--The State educational agency shall award grants to
geographically diverse local educational agencies including suburban,
rural, and urban local educational agencies. If there are not enough
funds to award all applicants in a sufficient size and scope to run an
effective direct student services program, the State shall prioritize
awards to local educational agencies with the greatest number of low-
performing schools.
``(d) Local Use of Funds.--A local educational agency receiving an
award under this section--
``(1) shall use up to 1 percent of each award for outreach
and communication to parents about their options and to
register students for direct student services;
``(2) may use not more than 2 percent of each award for
administrative costs related to direct student services; and
``(3) shall use the remainder of the award to pay the
transportation required to provide public school choice or the
hourly rate for high-quality academic tutoring services, as
determined in the provider approval process under subsection
(f)(2).
``(e) Application.--A local educational agency desiring to receive an
award under subsection (b) shall submit an application describing how
the local educational agency will--
``(1) provide adequate outreach to ensure parents can
exercise a meaningful choice of direct student services for
their child's education;
``(2) ensure parents have adequate time and information to
make a meaningful choice prior to enrolling their child in a
direct student service;
``(3) ensure ample availability in the public schools the
local educational agency will make available for public school
choice options;
``(4) determine the requirements or criteria for student
eligibility for direct student services;
``(5) select a variety of providers of high quality academic
tutoring from the list required under subsection (f)(2) and
ensure fair negotiations in selecting such providers of high-
quality academic tutoring, including online, on campus, and
other models of tutoring which provide meaningful choices to
parents to find the best service for their child; and
``(6) develop an estimated per pupil expenditure available
for eligible students to use toward high quality academic
tutoring which shall allow for adequate level of services to
increase academic achievement from a variety of high-quality
academic tutoring providers.
``(f) Providers and Schools.--The State--
``(1) shall ensure that each local educational agency
receiving an award to provide public school choice can provide
an ample number of options to provide a meaningful choice for
parents;
``(2) shall compile a list of State-approved high-quality
academic tutoring providers that includes online, on campus,
and other models of tutoring; and
``(3) shall ensure that each local educational agency
receiving an award will provide an adequate number of high-
quality academic tutoring options to ensure parents have a
meaningful choice of services.''.
SEC. 106. STATE ADMINISTRATION.
Section 1004 (20 U.S.C. 6304) is amended to read as follows:
``SEC. 1004. STATE ADMINISTRATION.
``(a) In General.--Except as provided in subsection (b), to carry out
administrative duties assigned under subparts 1, 2, and 3 of part A of
this title, each State may reserve the greater of--
``(1) 1 percent of the amounts received under such subparts;
or
``(2) $400,000 ($50,000 in the case of each outlying area).
``(b) Exception.--If the sum of the amounts reserved under subparts
1, 2, and 3 of part A of this title is equal to or greater than
$14,000,000,000, then the reservation described in subsection (a)(1)
shall not exceed 1 percent of the amount the State would receive if
$14,000,000,000 were allocated among the States for subparts 1, 2, and
3 of part A of this title.''.
Subtitle B--Improving the Academic Achievement of the Disadvantaged
SEC. 111. PART A HEADINGS.
(a) Part Heading.--The part heading for part A of title I (20 U.S.C.
6311 et seq.) is amended to read as follows:
``PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED''.
(b) Subpart 1 Heading.--The Act is amended by striking the subpart
heading for subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) and
inserting the following:
``Subpart 1--Improving Basic Programs Operated by Local Educational
Agencies
``CHAPTER A--BASIC PROGRAM REQUIREMENTS''.
(c) Subpart 2 Heading.--The Act is amended by striking the subpart
heading for subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) and
inserting the following:
``CHAPTER B--ALLOCATIONS''.
SEC. 112. STATE PLANS.
Section 1111 (20 U.S.C. 6311) is amended to read as follows:
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--For any State desiring to receive a grant
under this subpart, the State educational agency shall submit
to the Secretary a plan, developed by the State educational
agency, in consultation with local educational agencies,
teachers, school leaders, specialized instructional support
personnel, other appropriate school personnel, and parents,
that satisfies the requirements of this section and that is
coordinated with other programs under this Act, the Individuals
with Disabilities Education Act, the Carl D. Perkins Career and
Technical Education Act of 2006, the Head Start Act, the Adult
Education and Family Literacy Act, and the McKinney-Vento
Homeless Assistance Act.
``(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidated plan
under section 5302.
``(b) Academic Standards, Academic Assessments, and State
Accountability.--
``(1) Academic standards.--
``(A) In general.--Each State plan shall demonstrate
that the State has adopted academic content standards
and academic achievement standards aligned with such
content standards that comply with the requirements of
this paragraph.
``(B) Subjects.--The State shall have such academic
standards for mathematics and reading or language arts,
and may have such standards for any other subject
determined by the State.
``(C) Requirements.--The standards described in
subparagraph (A) shall--
``(i) apply to all public schools and public
school students in the State; and
``(ii) with respect to academic achievement
standards, include the same knowledge, skills,
and levels of achievement expected of all
public school students in the State.
``(D) Alternate academic achievement standards.--
Notwithstanding any other provision of this paragraph,
a State may, through a documented and validated
standards-setting process, adopt alternate academic
achievement standards for students with the most
significant cognitive disabilities, if--
``(i) the determination about whether the
achievement of an individual student should be
measured against such standards is made
separately for each student; and
``(ii) such standards--
``(I) are aligned with the State
academic standards required under
subparagraph (A);
``(II) promote access to the general
curriculum; and
``(III) reflect professional judgment
as to the highest possible standards
achievable by such students.
``(E) English language proficiency standards.--Each
State plan shall describe how the State educational
agency will establish English language proficiency
standards that are--
``(i) derived from the four recognized
domains of speaking, listening, reading, and
writing; and
``(ii) aligned with the State's academic
content standards in reading or language arts
under subparagraph (A).
``(2) Academic assessments.--
``(A) In general.--Each State plan shall demonstrate
that the State educational agency, in consultation with
local educational agencies, has implemented a set of
high-quality student academic assessments in
mathematics and reading or language arts. At the
State's discretion, the State plan may also demonstrate
that the State has implemented such assessments in any
other subject chosen by the State
``(B) Requirements.--Such assessments shall--
``(i) be used in determining the performance
of each local educational agency and public
school in the State in accordance with the
State's accountability system under paragraph
(3);
``(ii) be the same academic assessments used
to measure the academic achievement of all
public school students in the State;
``(iii) be aligned with the State's academic
standards and provide coherent and timely
information about student attainment of such
standards;
``(iv) be used for purposes for which such
assessments are valid and reliable, be of
adequate technical quality for each purpose
required under this Act, and be consistent with
relevant, nationally recognized professional
and technical standards;
``(v)(I) in the case of mathematics and
reading, be administered in each of grades 3
through 8 and at least once in grades 9 through
12;
``(II) in the case of any other subject
chosen by the State, be administered at the
discretion of the State;
``(vi) measure individual student academic
proficiency and growth;
``(vii) at the State's discretion--
``(I) be administered through a
single annual summative assessment; or
``(II) be administered through
multiple assessments during the course
of the academic year that result in a
single summative score that provides
valid, reliable, and transparent
information on student achievement;
``(viii) include measures that assess higher-
order thinking skills and understanding;
``(ix) provide for--
``(I) the participation in such
assessments of all students;
``(II) the reasonable adaptations and
accommodations for students with
disabilities necessary to measure the
academic achievement of such students
relative to the State's academic
standards; and
``(III) the inclusion of English
learners, who shall be assessed in a
valid and reliable manner and provided
reasonable accommodations, including,
to the extent practicable, assessments
in the language and form most likely to
yield accurate and reliable information
on what such students know and can do
in academic content areas, until such
students have achieved English language
proficiency, as assessed by the State
under subparagraph (D);
``(x) notwithstanding clause (ix)(III),
provide for the assessment of reading or
language arts in English for English learners
who have attended school in the United States
(not including Puerto Rico) for 3 or more
consecutive school years, except that a local
educational agency may, on a case-by-case
basis, provide for the assessment of reading or
language arts for each such student in a
language other than English for a period not to
exceed 2 additional consecutive years if the
assessment would be more likely to yield
accurate and reliable information on what such
student knows and can do, provided that such
student has not yet reached a level of English
language proficiency sufficient to yield valid
and reliable information on what such student
knows and can do on reading or language arts
assessments written in English;
``(xi) produce individual student
interpretive, descriptive, and diagnostic
reports regarding achievement on such
assessments that allow parents, teachers, and
school leaders to understand and address the
specific academic needs of students, and that
are provided to parents, teachers, and school
leaders, as soon as is practicable after the
assessment is given, in an understandable and
uniform format, and to the extent practicable,
in a language that parents can understand;
``(xii) enable results to be disaggregated
within each State, local educational agency,
and school by gender, by each major racial and
ethnic group, by English language proficiency
status, by migrant status, by status as a
student with a disability, and by economically
disadvantaged status, except that, in the case
of a local educational agency or a school, such
disaggregation shall not be required in a case
in which the number of students in a category
is insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student; and
``(xiii) be administered to not less than 95
percent of all students, and not less than 95
percent of each subgroup of students described
in paragraph (3)(B)(ii)(II).
``(C) Alternate assessments.--A State may provide for
alternate assessments aligned with the alternate
academic standards adopted in accordance with paragraph
(1)(D), for students with the most significant
cognitive disabilities, if the State--
``(i) establishes and monitors implementation
of clear and appropriate guidelines for
individualized education program teams (as
defined in section 614(d)(1)(B) of the
Individuals with Disabilities Education Act) to
apply when determining when a child's
significant cognitive disability justifies
assessment based on alternate achievement
standards;
``(ii) ensures that the parents of such
students are informed that--
``(I) their child's academic
achievement will be measured against
such alternate standards; and
``(II) whether participation in such
assessments precludes the student from
completing the requirements for a
regular high school diploma as defined
in section 5101(35)(A);
``(iii) demonstrates that such students are,
to the extent practicable, included in the
general curriculum and that such alternate
assessments are aligned with such curriculum;
``(iv) develops, disseminates information
about, and promotes the use of appropriate
accommodations to increase the number of
students with disabilities who are tested
against academic achievement standards for the
grade in which a student is enrolled; and
``(v) ensures that regular and special
education teachers and other appropriate staff
know how to administer the alternate
assessments, including making appropriate use
of accommodations for students with
disabilities.
``(D) Assessments of english language proficiency.--
``(i) In general.--Each State plan shall
demonstrate that local educational agencies in
the State will provide for an annual assessment
of English proficiency of all English learners
in the schools served by the State educational
agency.
``(ii) Alignment.--The assessments described
in clause (i) shall be aligned with the State's
English language proficiency standards
described in paragraph (1)(E).
``(E) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
``(F) Adaptive assessments.--A State may develop and
administer computer adaptive assessments as the
assessments required under subparagraph (A). If a State
develops and administers a computer adaptive assessment
for such purposes, the assessment shall meet the
requirements of this paragraph, except as follows:
``(i) Notwithstanding subparagraph (B)(iii),
the assessment--
``(I) shall measure, at a minimum,
each student's academic proficiency
against the State's academic standards
for the student's grade level and
growth toward such standards; and
``(II) if the State chooses, may be
used to measure the student's level of
academic proficiency and growth using
assessment items above or below the
student's grade level, including for
use as part of a State's accountability
system under paragraph (3).
``(ii) Subparagraph (B)(ii) shall not be
interpreted to require that all students taking
the computer adaptive assessment be
administered the same assessment items.
``(3) State accountability systems.--
``(A) In general.--Each State plan shall demonstrate
that the State has developed and is implementing a
single, statewide accountability system to ensure that
all public school students graduate from high school
prepared for postsecondary education or the workforce
without the need for remediation.
``(B) Elements.--Each State accountability system
described in subparagraph (A) shall at a minimum--
``(i) annually measure the academic
achievement of all public school students in
the State against the State's academic
standards adopted under paragraph (1), which
may include measures of student growth toward
such standards, using the assessments described
in paragraph (2) and other valid and reliable
academic indicators related to student
achievement as identified by the State;
``(ii) annually evaluate and identify the
academic performance of each public school in
the State based on--
``(I) student academic achievement as
measured in accordance with clause (i);
and
``(II) the overall performance, and
achievement gaps as compared to all
students in the school, for
economically disadvantaged students,
students from major racial and ethnic
groups, students with disabilities, and
English learners, except that
disaggregation of data under this
subclause shall not be required in a
case in which the number of students in
a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student; and
``(iii) include a system for school
improvement for low-performing public schools
receiving funds under this subpart that--
``(I) implements interventions in
such schools that are designed to
address such schools' weaknesses; and
``(II) is implemented by local
educational agencies serving such
schools.
``(C) Prohibition.--Nothing in this section shall be
construed to permit the Secretary to establish any
criteria that specifies, defines, or prescribes any
aspect of a State's accountability system developed and
implemented in accordance with this paragraph.
``(D) Accountability for charter schools.--The
accountability provisions under this Act shall be
overseen for charter schools in accordance with State
charter school law.
``(4) Requirements.--Each State plan shall describe--
``(A) how the State educational agency will assist
each local educational agency and each public school
affected by the State plan to comply with the
requirements of this subpart, including how the State
educational agency will work with local educational
agencies to provide technical assistance; and
``(B) how the State educational agency will ensure
that the results of the State assessments described in
paragraph (2), the other indicators selected by the
State under paragraph (3)(B)(i), and the school
evaluations described in paragraph (3)(B)(ii), will be
promptly provided to local educational agencies,
schools, teachers, and parents in a manner that is
clear and easy to understand, but not later than before
the beginning of the school year following the school
year in which such assessments, other indicators, or
evaluations are taken or completed.
``(5) Timeline for implementation.--Each State plan shall
describe the process by which the State will adopt and
implement the State academic standards, assessments, and
accountability system required under this section within 2
years of enactment of the Student Success Act.
``(6) Existing standards.--Nothing in this subpart shall
prohibit a State from revising, consistent with this section,
any standard adopted under this section before or after the
date of enactment of the Student Success Act.
``(7) Existing state law.--Nothing in this section shall be
construed to alter any State law or regulation granting parents
authority over schools that repeatedly failed to make adequate
yearly progress under this section, as in effect on the day
before the date of the enactment of the Student Success Act.
``(c) Other Provisions to Support Teaching and Learning.--Each State
plan shall contain assurances that--
``(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the academic
standards, academic assessments, and State accountability
system developed and implemented under this section;
``(2) the State will participate in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act if the Secretary pays
the costs of administering such assessments;
``(3) the State educational agency will notify local
educational agencies and the public of the authority to operate
schoolwide programs;
``(4) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program
assisted under this subpart;
``(5) the State educational agency will encourage schools to
consolidate funds from other Federal, State, and local sources
for schoolwide reform in schoolwide programs under section
1114;
``(6) the State educational agency will modify or eliminate
State fiscal and accounting barriers so that schools can easily
consolidate funds from other Federal, State, and local sources
for schoolwide programs under section 1114; and
``(7) the State educational agency will inform local
educational agencies in the State of the local educational
agency's authority to transfer funds under section 1002 and to
obtain waivers under section 5401;
``(d) Parental Involvement.--Each State plan shall describe how the
State educational agency will support the collection and dissemination
to local educational agencies and schools of effective parental
involvement practices. Such practices shall--
``(1) be based on the most current research that meets the
highest professional and technical standards on effective
parental involvement that fosters achievement to high standards
for all children;
``(2) be geared toward lowering barriers to greater
participation by parents in school planning, review, and
improvement; and
``(3) be coordinated with programs funded under subpart 3 of
part A of title III.
``(e) Peer Review and Secretarial Approval.--
``(1) Establishment.--Notwithstanding section 5543, the
Secretary shall--
``(A) establish a peer-review process to assist in
the review of State plans; and
``(B) appoint individuals to the peer-review process
who are representative of parents, teachers, State
educational agencies, and local educational agencies,
and who are familiar with educational standards,
assessments, accountability, the needs of low-
performing schools, and other educational needs of
students, and ensure that 75 percent of such appointees
are practitioners.
``(2) Approval.--The Secretary shall--
``(A) approve a State plan within 120 days of its
submission;
``(B) disapprove of the State plan only if the
Secretary demonstrates how the State plan fails to meet
the requirements of this section and immediately
notifies the State of such determination and the
reasons for such determination;
``(C) not decline to approve a State's plan before--
``(i) offering the State an opportunity to
revise its plan;
``(ii) providing technical assistance in
order to assist the State to meet the
requirements of this section; and
``(iii) providing a hearing; and
``(D) have the authority to disapprove a State plan
for not meeting the requirements of this subpart, but
shall not have the authority to require a State, as a
condition of approval of the State plan, to include in,
or delete from, such plan one or more specific elements
of the State's academic standards or State
accountability system, or to use specific academic
assessments or other indicators.
``(3) State revisions.--A State plan shall be revised by the
State educational agency if it is necessary to satisfy the
requirements of this section.
``(4) Public review.--All communications, feedback, and
notifications under this subsection shall be conducted in a
manner that is immediately made available to the public through
the website of the Department, including--
``(A) peer review guidance;
``(B) the names of the peer reviewers;
``(C) State plans submitted or resubmitted by a
State, including the current approved plans;
``(D) peer review notes;
``(E) State plan determinations by the Secretary,
including approvals or disapprovals, and any deviations
from the peer reviewers' recommendations with an
explanation of the deviation; and
``(F) hearings.
``(5) Prohibition.--The Secretary, and the Secretary's staff,
may not attempt to participate in, or influence, the peer
review process. No Federal employee may participate in, or
attempt to influence the peer review process, except to respond
to questions of a technical nature, which shall be publicly
reported.
``(f) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised as
necessary by the State educational agency to reflect
changes in the State's strategies and programs under
this subpart.
``(2) Additional information.--If a State makes significant
changes to its State plan, such as the adoption of new State
academic standards or new academic assessments, or adopts a new
State accountability system, such information shall be
submitted to the Secretary under subsection (e)(2) for
approval.
``(g) Failure to Meet Requirements.--If a State fails to meet any of
the requirements of this section then the Secretary shall withhold
funds for State administration under this subpart until the Secretary
determines that the State has fulfilled those requirements.
``(h) Reports.--
``(1) Annual state report card.--
``(A) In general.--A State that receives assistance
under this subpart shall prepare and disseminate an
annual State report card. Such dissemination shall
include, at a minimum, publicly posting the report card
on the home page of the State educational agency's
website.
``(B) Implementation.--The State report card shall
be--
``(i) concise; and
``(ii) presented in an understandable and
uniform format that is developed in
consultation with parents and, to the extent
practicable, provided in a language that
parents can understand.
``(C) Required information.--The State shall include
in its annual State report card information on--
``(i) the performance of students, in the
aggregate and disaggregated by the categories
of students described in subsection
(b)(2)(B)(xii) (except that such disaggregation
shall not be required in a case in which the
number of students in a category is
insufficient to yield statistically reliable
information or the results would reveal
personally identifiable information about an
individual student), on the State academic
assessments described in subsection (b)(2);
``(ii) the participation rate on such
assessments, in the aggregate and disaggregated
in accordance with clause (i));
``(iii) the performance of students, in the
aggregate and disaggregated in accordance with
clause (i), on other academic indicators
described in subsection (b)(3)(B)(i);
``(iv) for each public high school in the
State, in the aggregate and disaggregated in
accordance with clause (i)--
``(I) the four-year adjusted cohort
graduation rate, and
``(II) at the State's discretion, the
extended-year adjusted cohort
graduation rate, calculated and
reported separately for students
graduating in 5 years or less and
students graduating in 6 years or less;
``(v) each public school's evaluation results
as determined in accordance with subsection
(b)(3)(B)(ii);
``(vi) the acquisition of English proficiency
by English learners;
``(vii) the number and percentage of teachers
in each category established under clause (iii)
of section 2123(1)(A), except that such
information shall not reveal personally
identifiable information about an individual
teacher; and
``(viii) the results of the assessments
described in subsection (c)(2).
``(D) Optional information.--The State may include in
its annual State report card such other information as
the State believes will best provide parents, students,
and other members of the public with information
regarding the progress of each of the State's public
elementary schools and public secondary schools.
``(2) Annual local educational agency report cards.--
``(A) In general.--A local educational agency that
receives assistance under this subpart shall prepare
and disseminate an annual local educational agency
report card.
``(B) Minimum requirements.--The State educational
agency shall ensure that each local educational agency
collects appropriate data and includes in the local
educational agency's annual report the information
described in paragraph (1)(C) as applied to the local
educational agency and each school served by the local
educational agency, and--
``(i) in the case of a local educational
agency, information that shows how students
served by the local educational agency achieved
on the statewide academic assessment and other
academic indicators adopted in accordance with
subsection (b)(3)(B)(i) compared to students in
the State as a whole; and
``(ii) in the case of a school, the school's
evaluation under subsection (b)(3)(B)(ii).
``(C) Other information.--A local educational agency
may include in its annual local educational agency
report card any other appropriate information, whether
or not such information is included in the annual State
report card.
``(D) Data.--A local educational agency or school
shall only include in its annual local educational
agency report card data that are sufficient to yield
statistically reliable information, as determined by
the State, and that do not reveal personally
identifiable information about an individual student.
``(E) Public dissemination.--The local educational
agency shall publicly disseminate the information
described in this paragraph to all schools served by
the local educational agency and to all parents of
students attending those schools in an understandable
and uniform format, and, to the extent practicable, in
a language that parents can understand, and make the
information widely available through public means, such
as posting on the Internet, distribution to the media,
and distribution through public agencies, except that
if a local educational agency issues a report card for
all students, the local educational agency may include
the information under this section as part of such
report.
``(3) Preexisting report cards.--A State educational agency
or local educational agency may use public report cards on the
performance of students, schools, local educational agencies,
or the State, that were in effect prior to the enactment of the
Student Success Act for the purpose of this subsection, so long
as any such report card is modified, as may be needed, to
contain the information required by this subsection.
``(4) Parents right-to-know.--
``(A) Achievement information.--At the beginning of
each school year, a school that receives funds under
this subpart shall provide to each individual parent
information on the level of achievement of the parent's
child in each of the State academic assessments and
other academic indicators adopted in accordance with
this subpart.
``(B) Format.--The notice and information provided to
parents under this paragraph shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
``(i) Privacy.--Information collected under this section shall be
collected and disseminated in a manner that protects the privacy of
individuals consistent with section 444 of the General Education
Provisions Act.
``(j) Voluntary Partnerships.--A State may enter into a voluntary
partnership with another State to develop and implement the academic
assessments and standards required under this section, except that the
Secretary shall not attempt to influence, incentivize, or coerce State
participation in any such partnerships.
``(k) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this part
for student promotion or graduation purposes.
``(l) Special Rule With Respect to Bureau-funded Schools.--In
determining the assessments to be used by each school operated or
funded by the Bureau of Indian Education receiving funds under this
subpart, the following shall apply:
``(1) Each such school that is accredited by the State in
which it is operating shall use the assessments and other
academic indicators the State has developed and implemented to
meet the requirements of this section, or such other
appropriate assessment and academic indicators as approved by
the Secretary of the Interior.
``(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate assessment
and other academic indicators, in consultation with and with
the approval of, the Secretary of the Interior and consistent
with assessments and academic indicators adopted by other
schools in the same State or region, that meet the requirements
of this section.
``(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education shall use an
assessment and other academic indicators developed by such
agency or division, except that the Secretary of the Interior
shall ensure that such assessment and academic indicators meet
the requirements of this section.''.
SEC. 113. LOCAL EDUCATIONAL AGENCY PLANS.
Section 1112 (20 U.S.C. 6312) is amended to read as follows:
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this subpart for any fiscal year only if such
agency has on file with the State educational agency a plan,
approved by the State educational agency, that is coordinated
with other programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career and
Technical Education Act of 2006, the McKinney-Vento Homeless
Assistance Act, and other Acts, as appropriate.
``(2) Consolidated application.--The plan may be submitted as
part of a consolidated application under section 5305.
``(b) Plan Provisions.--Each local educational agency plan shall
describe--
``(1) how the local educational agency will monitor, in
addition to the State assessments described in section
1111(b)(2), students' progress in meeting the State's academic
standards;
``(2) how the local educational agency will identify quickly
and effectively those students who may be at risk of failing to
meet the State's academic standards;
``(3) how the local educational agency will provide
additional educational assistance to individual students in
need of additional help in meeting the State's academic
standards;
``(4) how the local educational agency will implement the
school improvement system described in section
1111(b)(3)(B)(iii) for any of the agency's schools identified
under such section;
``(5) how the local educational agency will coordinate
programs under this subpart with other programs under this Act
and other Acts, as appropriate;
``(6) the poverty criteria that will be used to select school
attendance areas under section 1113;
``(7) how teachers, in consultation with parents,
administrators, and specialized instructional support
personnel, in targeted assistance schools under section 1115,
will identify the eligible children most in need of services
under this subpart;
``(8) in general, the nature of the programs to be conducted
by the local educational agency's schools under sections 1114
and 1115, and, where appropriate, educational services outside
such schools for children living in local institutions for
neglected and delinquent children, and for neglected and
delinquent children in community day school programs;
``(9) how the local educational agency will ensure that
migratory children who are eligible to receive services under
this subpart are selected to receive such services on the same
basis as other children who are selected to receive services
under this subpart;
``(10) the services the local educational agency will provide
homeless children, including services provided with funds
reserved under section 1113(c)(3)(A);
``(11) the strategy the local educational agency will use to
implement effective parental involvement under section 1118;
``(12) if appropriate, how the local educational agency will
use funds under this subpart to support preschool programs for
children, particularly children participating in a Head Start
program, which services may be provided directly by the local
educational agency or through a subcontract with the local Head
Start agency designated by the Secretary of Health and Human
Services under section 641 of the Head Start Act, or another
comparable early childhood development program;
``(13) how the local educational agency, through incentives
for voluntary transfers, the provision of professional
development, recruitment programs, incentive pay, performance
pay, or other effective strategies, will address disparities in
the rates of low-income and minority students and other
students being taught by ineffective teachers; and
``(14) if appropriate, how the local educational agency will
use funds under this subpart to support programs that
coordinate and integrate--
``(A) career and technical education aligned with
State technical standards that promote skills
attainment important to in-demand occupations or
industries in the State and the State's academic
standards under section 1111(b)(1); and
``(B) work-based learning opportunities that provide
students in-depth interaction with industry
professionals.
``(c) Assurances.--Each local educational agency plan shall provide
assurances that the local educational agency will--
``(1) participate, if selected, in biennial State academic
assessments of 4th and 8th grade reading and mathematics under
the National Assessment of Educational Progress carried out
under section 303(b)(2) of the National Assessment of
Educational Progress Authorization Act;
``(2) inform schools of schoolwide program authority and the
ability to consolidate funds from Federal, State, and local
sources;
``(3) provide technical assistance to schoolwide programs;
``(4) provide services to eligible children attending private
elementary and secondary schools in accordance with section
1120, and timely and meaningful consultation with private
school officials or representatives regarding such services;
``(5) in the case of a local educational agency that chooses
to use funds under this subpart to provide early childhood
development services to low-income children below the age of
compulsory school attendance, ensure that such services comply
with the performance standards established under section
641A(a) of the Head Start Act;
``(6) inform eligible schools of the local educational
agency's authority to request waivers on the school's behalf
under Title V; and
``(7) ensure that the results of the academic assessments
required under section 1111(b)(2) will be provided to parents
and teachers as soon as is practicably possible after the test
is taken, in an understandable and uniform format and, to the
extent practicable, provided in a language that the parents can
understand.
``(d) Special Rule.--In carrying out subsection (c)(5), the Secretary
shall--
``(1) consult with the Secretary of Health and Human Services
and shall establish procedures (taking into consideration
existing State and local laws, and local teacher contracts) to
assist local educational agencies to comply with such
subparagraph; and
``(2) disseminate to local educational agencies the education
performance standards in effect under section 641A(a)(1)(B) of
the Head Start Act, and such agencies affected by such
subsection shall plan for the implementation of such subsection
(taking into consideration existing State and local laws, and
local teacher contracts).
``(e) Plan Development and Duration.--
``(1) Consultation.--Each local educational agency plan shall
be developed in consultation with teachers, school leaders,
administrators, and other appropriate school personnel, and
with parents of children in schools served under this subpart.
``(2) Duration.--Each such plan shall be submitted for the
first year for which this part is in effect following the date
of enactment of this Act and shall remain in effect for the
duration of the agency's participation under this subpart.
``(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
``(f) State Approval.--
``(1) In general.--Each local educational agency plan shall
be filed according to a schedule established by the State
educational agency.
``(2) Approval.--The State educational agency shall approve a
local educational agency's plan only if the State educational
agency determines that the local educational agency's plan--
``(A) enables schools served under this subpart to
substantially help children served under this subpart
to meet the State's academic standards described in
section 1111(b)(1); and
``(B) meets the requirements of this section.
``(3) Review.--The State educational agency shall review the
local educational agency's plan to determine if such agency's
activities are in accordance with section 1118.
``(g) Parental Notification.--
``(1) In general.--Each local educational agency using funds
under this subpart and subpart 4 to provide a language
instruction educational program shall, not later than 30 days
after the beginning of the school year, inform parents of an
English learner identified for participation, or participating
in, such a program of--
``(A) the reasons for the identification of their
child as an English learner and in need of placement in
a language instruction educational program;
``(B) the child's level of English proficiency, how
such level was assessed, and the status of the child's
academic achievement;
``(C) the methods of instruction used in the program
in which their child is, or will be participating, and
the methods of instruction used in other available
programs, including how such programs differ in
content, instructional goals, and the use of English
and a native language in instruction;
``(D) how the program in which their child is, or
will be participating, will meet the educational
strengths and needs of their child;
``(E) how such program will specifically help their
child learn English, and meet age-appropriate academic
achievement standards for grade promotion and
graduation;
``(F) the specific exit requirements for the program,
including the expected rate of transition from such
program into classrooms that are not tailored for
English learners, and the expected rate of graduation
from high school for such program if funds under this
subpart are used for children in secondary schools;
``(G) in the case of a child with a disability, how
such program meets the objectives of the individualized
education program of the child; and
``(H) information pertaining to parental rights that
includes written guidance--
``(i) detailing--
``(I) the right that parents have to
have their child immediately removed
from such program upon their request;
and
``(II) the options that parents have
to decline to enroll their child in
such program or to choose another
program or method of instruction, if
available; and
``(ii) assisting parents in selecting among
various programs and methods of instruction, if
more than one program or method is offered by
the eligible entity.
``(2) Notice.--The notice and information provided in
paragraph (1) to parents of a child identified for
participation in a language instruction educational program for
English learners shall be in an understandable and uniform
format and, to the extent practicable, provided in a language
that the parents can understand.
``(3) Special rule applicable during the school year.--For
those children who have not been identified as English learners
prior to the beginning of the school year the local educational
agency shall notify parents within the first 2 weeks of the
child being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
``(4) Parental participation.--Each local educational agency
receiving funds under this subpart shall implement an effective
means of outreach to parents of English learners to inform the
parents regarding how the parents can be involved in the
education of their children, and be active participants in
assisting their children to attain English proficiency, achieve
at high levels in core academic subjects, and meet the State's
academic standards expected of all students, including holding,
and sending notice of opportunities for, regular meetings for
the purpose of formulating and responding to recommendations
from parents of students assisted under this subpart.
``(5) Basis for admission or exclusion.--A student shall not
be admitted to, or excluded from, any federally assisted
education program on the basis of a surname or language-
minority status.''.
SEC. 114. ELIGIBLE SCHOOL ATTENDANCE AREAS.
Section 1113 (20 U.S.C. 6313) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart''; and
(2) in subsection (c)--
(A) by amending paragraph (3) to read as follows:
``(3) Reservations.--
``(A) In general.--A local educational agency shall
reserve such funds as are necessary under this subpart
to provide services comparable to those provided to
children in schools funded under this subpart to serve
the following:
``(i) Homeless children and youths, which may
include--
``(I) for homeless children and
youths who are attending schools not
receiving assistance under this subpart
and schools receiving assistance under
this subpart, providing transportation
pursuant to section 722(g)(1)(J)(iii)
of the McKinney-Vento Homeless
Assistance Act; and
``(II) for homeless children and
youths who are attending schools not
receiving assistance under this
subpart--
``(aa) providing support
services to homeless children
and youths in shelters and
other locations where they may
live; and
``(bb) removing barriers to
homeless children and youths'
enrollment, attendance,
retention, and success in
school.
``(ii) Children in local institutions for
neglected children.
``(iii) If appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community
day school programs.
``(B) Amount reserved.--The amount of funds reserved
under subparagraph (A)(i) may be based upon a needs
assessment of the homeless children and youths in the
local educational agency, which may include the
following:
``(i) Information related to child, youth,
and family homelessness in the local
educational agency obtained through the
coordination and collaboration under
subsections (f)(4) and (g)(5) of section 722 of
the McKinney-Vento Homeless Assistance Act.
``(ii) The number of homeless children and
youths reported by the local educational agency
to the State educational agency under section
722(f)(3) of such Act for the previous school
year.
``(iii) Gaps in identification of homeless
children and youths in the local educational
agency, as described by the liaison designated
pursuant to section 722(g)(1)(J)(ii) of such
Act.''; and
(B) in paragraph (4)--
(i) by striking ``subpart 2'' and inserting
``chapter B''; and
(ii) by striking ``school improvement,
corrective action, and restructuring under
section 1116(b)'' and inserting ``school
improvement under section 1111(b)(3)(B)(iii)''.
SEC. 115. SCHOOLWIDE PROGRAMS.
Section 1114 (20 U.S.C. 6314) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``part'' and inserting
``subpart''; and
(ii) by striking ``in which'' through ``such
families'';
(B) in paragraph (2)--
(i) in subparagraph (A)(i), by striking
``part'' and inserting ``subpart''; and
(ii) in subparagraph (B)--
(I) by striking ``children with
limited English proficiency'' and
inserting ``English learners''; and
(II) by striking ``part'' and
inserting ``subpart'';
(C) in paragraph (3)(B), by striking ``maintenance of
effort,'' after ``private school children,''; and
(D) by striking paragraph (4); and
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``(including'' and
all that follows through ``1309(2))'';
and
(II) by striking ``content standards
and the State student academic
achievement standards'' and inserting
``standards'';
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``proficient'' and all that follows
through ``section 1111(b)(1)(D)'' and
inserting ``academic standards
described in section 1111(b)(1)'';
(II) in clause (ii), in the matter
preceding subclause (I), by striking
``based on scientifically based
research'' and inserting ``evidence-
based'';
(III) in clause (iii)(I)--
(aa) by striking ``student
academic achievement
standards'' and inserting
``academic standards''; and
(bb) by striking ``schoolwide
program,'' and all that follows
through ``technical education
programs; and'' and inserting
``schoolwide programs; and'';
and
(IV) in clause (iv), by striking
``the State and local improvement
plans'' and inserting ``school
improvement strategies'';
(iii) in subparagraph (C), by striking
``highly qualified'' and inserting
``effective'';
(iv) in subparagraph (D)--
(I) by striking ``In accordance with
section 1119 and subsection (a)(4),
high-quality'' and inserting ``High-
quality'';
(II) by striking ``pupil services''
and inserting ``specialized
instructional support services''; and
(III) by striking ``student academic
achievement'' and inserting
``academic'';
(v) in subparagraph (E), by striking ``high-
quality highly qualified'' and inserting
``effective'';
(vi) in subparagraph (G), by striking ``,
such as Head Start, Even Start, Early Reading
First, or a State-run preschool program,'';
(vii) in subparagraph (H), by striking
``section 1111(b)(3)'' and inserting ``section
1111(b)(2)'';
(viii) in subparagraph (I), by striking
``proficient or advanced levels of academic
achievement standards'' and inserting ``State
academic standards''; and
(ix) in subparagraph (J), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i)--
(aa) by striking ``first
develop'' and all that follows
through ``2001)'' and inserting
``have in place''; and
(bb) by striking ``and its
school support team or other
technical assistance provider
under section 1117'';
(II) in clause (ii), by striking
``part'' and inserting ``subpart''; and
(III) in clause (iv), by striking
``section 1111(b)(3)'' and inserting
``section 1111(b)(2)''; and
(ii) in subparagraph (B)--
(I) in clause (i)--
(aa) in subclause (I), by
striking ``, after considering
the recommendation of the
technical assistance providers
under section 1117,''; and
(bb) in subclause (II), by
striking ``the No Child Left
Behind Act of 2001'' and
inserting ``Student Success
Act'' ;
(II) in clause (ii)--
(aa) by striking ``(including
administrators of programs
described in other parts of
this title)''; and
(bb) by striking ``pupil
services'' and inserting
``specialized instructional
support services'';
(III) in clause (iii), by striking
``part'' and inserting ``subpart''; and
(IV) in clause (v), by striking
``Reading First, Early Reading First,
Even Start,''; and
(3) in subsection (c)--
(A) by striking ``part'' and inserting ``subpart'';
and
(B) by striking ``6,'' and all that follows through
the period at the end and inserting ``6.''.
SEC. 116. TARGETED ASSISTANCE SCHOOLS.
Section 1115 (20 U.S.C. 6315) is amended--
(1) in subsection (a)--
(A) by striking ``are ineligible for a schoolwide
program under section 1114, or that'';
(B) by striking ``operate such'' and inserting
``operate''; and
(C) by striking ``part'' and inserting ``subpart'';
(2) in subsection (b)--
(A) in paragraph (1)(B), by striking ``challenging
student academic achievement'' and inserting
``academic'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``limited English
proficient children'' and inserting
``English learners''; and
(II) by striking ``part'' each place
it appears and inserting ``subpart'';
(ii) in subparagraph (B)--
(I) in the heading, by striking ``,
even start, or early reading first'';
and
(II) by striking ``, Even Start, or
Early Reading First'';
(iii) in subparagraph (C)--
(I) by amending the heading to read
as follows: ``Subpart 3 children.--'';
(II) by striking ``part C'' and
inserting ``subpart 3''; and
(III) by striking ``part'' and
inserting ``subpart'';
(iv) in subparagraphs (D) and (E), by
striking ``part'' each place it appears and
inserting ``subpart'';
(C) in paragraph (3), by striking ``part'' and
inserting ``subpart'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(ii) in subparagraph (A)--
(I) by striking ``part'' and
inserting ``subpart''; and
(II) by striking ``challenging
student academic achievement'' and
inserting ``academic'';
(iii) in subparagraph (B), by striking
``part'' and inserting ``subpart'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause
(i), by striking ``based on
scientifically based research'' and
inserting ``evidence-based''; and
(II) in clause (iii), by striking
``part'' and inserting ``subpart'';
(v) in subparagraph (D), by striking ``such
as Head Start, Even Start, Early Reading First
or State-run preschool programs'';
(vi) in subparagraph (E), by striking
``highly qualified'' and inserting
``effective'';
(vii) in subparagraph (F)--
(I) by striking ``in accordance with
subsection (e)(3) and section 1119,'';
(II) by striking ``part'' and
inserting ``subpart''; and
(III) by striking ``pupil services
personnel'' and inserting ``specialized
instructional support personnel''; and
(viii) in subparagraph (H), by striking
``vocational'' and inserting ``career''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A),
by striking ``proficient and advanced levels of
achievement'' and inserting ``academic
standards'';
(ii) in subparagraph (A), by striking
``part'' and inserting ``subpart''; and
(iii) in subparagraph (B), by striking
``challenging student academic achievement''
and inserting ``academic'';
(4) in subsection (d), in the matter preceding paragraph (1),
by striking ``part'' each place it appears and inserting
``subpart''; and
(5) in subsection (e)--
(A) in paragraph (2)(B)--
(i) in the matter preceding clause (i), by
striking ``part'' and inserting ``subpart'';
and
(ii) in clause (iii), by striking ``pupil
services'' and inserting ``specialized
instructional support services''; and
(B) by striking paragraph (3).
SEC. 117. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT; SCHOOL SUPPORT AND RECOGNITION.
The Act is amended by repealing sections 1116 and 1117 (20 U.S.C.
6316; 6317).
SEC. 118. PARENTAL INVOLVEMENT.
Section 1118 (20 U.S.C. 6318) is amended--
(1) by striking ``part'' each place such term appears and
inserting ``subpart'';
(2) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking ``,
and'' and all that follows through ``1116'';
and
(ii) in subparagraph (D), by striking ``,
such as'' and all that follows through
``preschool programs''; and
(B) in paragraph (3)(A), by striking ``subpart 2 of
this part'' each place it appears and inserting
``chapter B of this subpart'';
(3) by amending subsection (c)(4)(B) to read as follows:
``(B) a description and explanation of the curriculum
in use at the school and the forms of academic
assessment used to measure student progress; and'';
(4) in subsection (d)(1), by striking ``student academic
achievement'' and inserting ``academic'';
(5) in subsection (e)--
(A) in paragraph (1), by striking ``State's academic
content standards and State student academic
achievement standards'' and inserting ``State's
academic standards'';
(B) in paragraph (3)--
(i) by striking ``pupil services personnel,''
and inserting ``specialized instructional
support personnel,''; and
(ii) by striking ``principals,'' and
inserting ``school leaders,''; and
(C) in paragraph (4), by striking ``Head Start,
Reading First, Early Reading First, Even Start, the
Home Instruction Programs for Preschool Youngsters, the
Parents as Teachers Program, and public preschool and
other'' and inserting ``other Federal, State, and
local''; and
(6) by amending subsection (g) to read as follows:
``(g) Family Engagement in Education Programs.--In a State operating
a program under subpart 3 of part A of title III, each local
educational agency or school that receives assistance under this
subpart shall inform such parents and organizations of the existence of
such programs.''.
SEC. 119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
The Act is amended by repealing section 1119 (20 U.S.C. 6319).
SEC. 120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
Section 1120 (20 U.S.C. 6320) is amended to read as follows:
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number
of eligible children identified under section 1115(b) in the
school district served by a local educational agency who are
enrolled in private elementary schools and secondary schools, a
local educational agency shall--
``(A) after timely and meaningful consultation with
appropriate private school officials or
representatives, provide such service, on an equitable
basis and individually or in combination, as requested
by the officials or representatives to best meet the
needs of such children, special educational services,
instructional services, counseling, mentoring, one-on-
one tutoring, or other benefits under this subpart
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs; and
``(B) ensure that teachers and families of the
children participate, on an equitable basis, in
services and activities developed pursuant to this
subpart.
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and equipment,
shall be secular, neutral, and nonideological.
``(3) Equity.--
``(A) In general.--Educational services and other
benefits for such private school children shall be
equitable in comparison to services and other benefits
for public school children participating under this
subpart, and shall be provided in a timely manner.
``(B) Ombudsman.--To help ensure such equity for such
private school children, teachers, and other
educational personnel, the State educational agency
involved shall designate an ombudsman to monitor and
enforce the requirements of this subpart.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the expenditures for
participating public school children, taking into
account the number, and educational needs, of the
children to be served.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(5) Provision of services.--The local educational agency
or, in a case described in subsection (b)(6)(C), the State
educational agency involved, may provide services under this
section directly or through contracts with public or private
agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials or representatives during
the design and development of such agency's programs under this
subpart in order to reach an agreement between the agency and
the officials or representatives about equitable and effective
programs for eligible private school children, the results of
which shall be transmitted to the designated ombudsmen under
section 1120(a)(3)(B). Such process shall include consultation
on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be academically assessed
and how the results of that assessment will be used to
improve those services;
``(E) the size and scope of the equitable services to
be provided to the eligible private school children,
and the proportion of funds that is allocated under
subsection (a)(4) for such services, how that
proportion of funds is determined under such
subsection, and an itemization of the costs of the
services to be provided;
``(F) the method or sources of data that are used
under subsection (c) and section 1113(c)(1) to
determine the number of children from low-income
families in participating school attendance areas who
attend private schools;
``(G) how and when the agency will make decisions
about the delivery of services to such children,
including a thorough consideration and analysis of the
views of the private school officials or
representatives on the provision of services through a
contract with potential third-party providers;
``(H) how, if the agency disagrees with the views of
the private school officials or representatives on the
provision of services through a contract, the local
educational agency will provide in writing to such
private school officials an analysis of the reasons why
the local educational agency has chosen not to use a
contractor;
``(I) whether the agency will provide services under
this section directly or through contracts with public
and private agencies, organizations, and institutions;
``(J) whether to provide equitable services to
eligible private school children--
``(i) by creating a pool or pools of funds
with all of the funds allocated under paragraph
(4) based on all the children from low-income
families who attend private schools in a
participating school attendance area of the
agency from which the local educational agency
will provide such services to all such
children; or
``(ii) by providing such services to eligible
children in each private school in the agency's
participating school attendance area with the
proportion of funds allocated under paragraph
(4) based on the number of children from low-
income families who attend such school; and
``(K) whether to consolidate and use funds under this
subpart to provide schoolwide programs for a private
school.
``(2) Disagreement.--If a local educational agency disagrees
with the views of private school officials or representatives
with respect to an issue described in paragraph (1), the local
educational agency shall provide in writing to such private
school officials an analysis of the reasons why the local
educational agency has chosen not to adopt the course of action
requested by such officials.
``(3) Timing.--Such consultation shall include meetings of
agency and private school officials or representatives and
shall occur before the local educational agency makes any
decision that affects the opportunities of eligible private
school children to participate in programs under this subpart.
Such meetings shall continue throughout implementation and
assessment of services provided under this section.
``(4) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local educational
agency can use to provide equitable services to eligible
private school children.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or representatives of each participating private
school that the meaningful consultation required by this
section has occurred. The written affirmation shall provide the
option for private school officials or representatives to
indicate that timely and meaningful consultation has not
occurred or that the program design is not equitable with
respect to eligible private school children. If such officials
or representatives do not provide such affirmation within a
reasonable period of time, the local educational agency shall
forward the documentation that such consultation has, or
attempts at such consultation have, taken place to the State
educational agency.
``(6) Compliance.--
``(A) In general.--A private school official shall
have the right to file a complaint with the State
educational agency that the local educational agency
did not engage in consultation that was meaningful and
timely, did not give due consideration to the views of
the private school official, or did not treat the
private school or its students equitably as required by
this section.
``(B) Procedure.--If the private school official
wishes to file a complaint, the official shall provide
the basis of the noncompliance with this section by the
local educational agency to the State educational
agency, and the local educational agency shall forward
the appropriate documentation to the State educational
agency.
``(C) State educational agencies.--A State
educational agency shall provide services under this
section directly or through contracts with public or
private agencies, organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency involved has not met
the requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency has
more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in a participating school attendance
area of the agency that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a
participating school attendance area of
the agency are not being served by the
agency's program under this section.
``(c) Allocation for Equitable Service to Private School Students.--
``(1) Calculation.--A local educational agency shall have the
final authority, consistent with this section, to calculate the
number of children, ages 5 through 17, who are from low-income
families and attend private schools by--
``(A) using the same measure of low income used to
count public school children;
``(B) using the results of a survey that, to the
extent possible, protects the identity of families of
private school students, and allowing such survey
results to be extrapolated if complete actual data are
unavailable;
``(C) applying the low-income percentage of each
participating public school attendance area, determined
pursuant to this section, to the number of private
school children who reside in that school attendance
area; or
``(D) using an equated measure of low income
correlated with the measure of low income used to count
public school children.
``(2) Complaint process.--Any dispute regarding low-income
data for private school students shall be subject to the
complaint process authorized in section 5503.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
subpart, and title to materials, equipment, and property
purchased with such funds, shall be in a public agency, and a
public agency shall administer such funds, materials,
equipment, and property.
``(2) Provision of services.--
``(A) Provider.--The provision of services under this
section shall be provided--
``(i) by employees of a public agency; or
``(ii) through a contract by such public
agency with an individual, association, agency,
or organization.
``(B) Requirement.--In the provision of such
services, such employee, individual, association,
agency, or organization shall be independent of such
private school and of any religious organization, and
such employment or contract shall be under the control
and supervision of such public agency.
``(e) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation in programs on
an equitable basis of eligible children enrolled in private elementary
schools and secondary schools, or if the Secretary determines that a
local educational agency has substantially failed or is unwilling to
provide for such participation, as required by this section, the
Secretary shall--
``(1) waive the requirements of this section for such local
educational agency;
``(2) arrange for the provision of services to such children
through arrangements that shall be subject to the requirements
of this section and sections 5503 and 5504; and
``(3) in making the determination under this subsection,
consider one or more factors, including the quality, size,
scope, and location of the program and the opportunity of
eligible children to participate.''.
SEC. 121. FISCAL REQUIREMENTS.
Section 1120A (20 U.S.C. 6321) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart''; and
(2) by striking subsection (a) and redesignating subsections
(b), (c), and (d) as subsections (a), (b), and (c),
respectively.
SEC. 122. COORDINATION REQUIREMENTS.
Section 1120B (20 U.S.C. 6322) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart'';
(2) in subsection (a), by striking ``such as the Early
Reading First program''; and
(3) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``, such as the Early Reading First
program,'';
(B) in paragraphs (1) through (3), by striking ``such
as the Early Reading First program'' each place it
appears;
(C) in paragraph (4), by striking ``Early Reading
First program staff,''; and
(D) in paragraph (5), by striking ``and entities
carrying out Early Reading First programs''.
SEC. 123. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
Section 1121 (20 U.S.C. 6331) is amended--
(1) in subsection (a), by striking ``appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f)'' and inserting ``reserved for this chapter under
section 1122(a)''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the No Child Left
Behind Act of 2001'' and inserting ``the Student
Success Act'';
(B) in paragraph (3)--
(i) in subparagraph (B), by striking
``basis,'' and all that follows through the
period at the end and inserting ``basis.'';
(ii) in subparagraph (C)(ii), by striking
``challenging State academic content
standards'' and inserting ``State academic
standards''; and
(iii) by striking subparagraph (D); and
(3) in subsection (d)(2), by striking ``part'' and inserting
``subpart''.
SEC. 124. ALLOCATIONS TO STATES.
Section 1122 (20 U.S.C. 6332) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Reservation.--
``(1) In general.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 91 percent of such
amounts to carry out this chapter.
``(2) Allocation formula.--Of the amount reserved under
paragraph (1) for each of fiscal years 2013 to 2018 (referred
to in this subsection as the current fiscal year)--
``(A) an amount equal to the amount made available to
carry out section 1124 for fiscal year 2001 shall be
used to carry out section 1124;
``(B) an amount equal to the amount made available to
carry out section 1124A for fiscal year 2001 shall be
used to carry out section 1124A; and
``(C) an amount equal to 100 percent of the amount,
if any, by which the total amount made available to
carry out this chapter for the fiscal year for which
the determination is made exceeds the total amount
available to carry out sections 1124 and 1124A for
fiscal year 2001 shall be used to carry out section
1125 and 1125A and such amount shall be divided equally
between section 1125 and section 1125A.'';
(2) in subsection (b)(1), by striking ``subpart'' and
inserting ``chapter'';
(3) in subsection (c)(3), by striking ``part'' and inserting
``subpart''; and
(4) in subsection (d)(1), by striking ``subpart'' and
inserting ``chapter''.
SEC. 125. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
Section 1124 (20 U.S.C. 6333) is amended--
(1) in subsection (a)--
(A) in paragraph (3)--
(i) in subparagraph (B), by striking
``subpart'' and inserting ``chapter''; and
(ii) in subparagraph (C)(i), by striking
``subpart'' and inserting ``chapter''; and
(B) in paragraph (4)(C), by striking ``subpart'' each
place it appears and inserting ``chapter''; and
(2) in subsection (c)--
(A) in paragraph (1)(B), by striking ``subpart 1 of
part D'' and inserting ``chapter A of subpart 3''; and
(B) in paragraph (2), by striking ``part'' and
inserting ``subpart''.
SEC. 126. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL EDUCATIONAL
AGENCIES IN FISCAL YEARS AFTER FISCAL YEAR 2001.
Section 1125AA (20 U.S.C. 6336) is amended to read as follows:
``SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL
EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL
YEAR 2001.
``Pursuant to section 1122, the total amount allocated in any fiscal
year after fiscal year 2001 for programs and activities under this
subpart shall not exceed the amount allocated in fiscal year 2001 for
such programs and activities unless the amount available for targeted
grants to local educational agencies under section 1125 in the
applicable fiscal year meets the requirements of section 1122(a).''.
SEC. 127. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
Section 1125A (20 U.S.C. 6337) is amended--
(1) by striking ``part'' each place it appears and inserting
``subpart'';
(2) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``appropriated
pursuant to subsection (f)'' and inserting ``made
available for any fiscal year to carry out this
section''; and
(B) in subparagraph (B)(i), by striking ``total
appropriations'' and inserting ``the total amount
reserved under section 1122(a) to carry out this
section''; and
(3) by striking subsections (a), (e), and (f) and
redesignating subsections (b), (c), (d), and (g) as subsections
(a), (b), (c), and (d), respectively.
SEC. 128. CARRYOVER AND WAIVER.
Section 1127 (20 U.S.C. 6339) is amended by striking ``subpart'' each
place it appears and inserting ``chapter''.
Subtitle C--Additional Aid to States and School Districts
SEC. 131. ADDITIONAL AID.
(a) In General.--Title I (20 U.S.C. 6301 et seq.), as amended by the
preceding provisions of this Act, is further amended--
(1) by striking parts B through D and F through H; and
(2) by inserting after subpart 1 of part A the following:
``Subpart 2--Education of Migratory Children
``SEC. 1131. PROGRAM PURPOSES.
``The purposes of this subpart are as follows:
``(1) To assist States in supporting high-quality and
comprehensive educational programs and services during the
school year, and as applicable, during summer or intercession
periods, that address the unique educational needs of migratory
children.
``(2) To ensure that migratory children who move among the
States, not be penalized in any manner by disparities among the
States in curriculum, graduation requirements, and State
academic standards.
``(3) To help such children succeed in school, meet the State
academic standards that all children are expected to meet, and
graduate from high school prepared for postsecondary education
and the workforce without the need for remediation.
``(4) To help such children overcome educational disruption,
cultural and language barriers, social isolation, various
health-related problems, and other factors that inhibit the
ability of such children to succeed in school.
``(5) To help such children benefit from State and local
systemic reforms.
``SEC. 1132. PROGRAM AUTHORIZED.
``(a) In General.--From the amounts appropriated under section
3(a)(1), the Secretary shall reserve 2.4 percent to carry out this
subpart.
``(b) Grants Awarded.--From the amounts reserved under subsection (a)
and not reserved under section 1138(c), the Secretary shall make
allotments for the fiscal year to State educational agencies, or
consortia of such agencies, to establish or improve, directly or
through local operating agencies, programs of education for migratory
children in accordance with this subpart.
``SEC. 1133. STATE ALLOCATIONS.
``(a) State Allocations.--Except as provided in subsection (c), each
State (other than the Commonwealth of Puerto Rico) is entitled to
receive under this subpart an amount equal to the product of--
``(1) the sum of--
``(A) the average number of identified eligible full-
time equivalent migratory children aged 3 through 21
residing in the State, based on data for the preceding
3 years; and
``(B) the number of identified eligible migratory
children, aged 3 through 21, who received services
under this subpart in summer or intersession programs
provided by the State during the previous year;
multiplied by
``(2) 40 percent of the average per-pupil expenditure in the
State, except that the amount determined under this paragraph
shall not be less than 32 percent, nor more than 48 percent, of
the average per-pupil expenditure in the United States.
``(b) Hold Harmless.--Notwithstanding subsection (a), for each of
fiscal years 2013 through 2015, no State shall receive less than 90
percent of the State's allocation under this section for the previous
year.
``(c) Allocation to Puerto Rico.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart shall be the amount determined by multiplying the
number of children who would be counted under subsection (a)(1) if such
subsection applied to the Commonwealth of Puerto Rico by the product
of--
``(1) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States, except that the
percentage calculated under this subparagraph shall not be less
than 85 percent; and
``(2) 32 percent of the average per-pupil expenditure in the
United States.
``(d) Ratable Reductions; Reallocations.--
``(1) In general.--
``(A) Ratable reductions.--If, after the Secretary
reserves funds under section 1138(c), the amount
appropriated to carry out this subpart for any fiscal
year is insufficient to pay in full the amounts for
which all States are eligible, the Secretary shall
ratably reduce each such amount.
``(B) Reallocation.--If additional funds become
available for making such payments for any fiscal year,
the Secretary shall allocate such funds to States in
amounts that the Secretary determines will best carry
out the purpose of this subpart.
``(2) Special rule.--
``(A) Further reductions.--The Secretary shall
further reduce the amount of any grant to a State under
this subpart for any fiscal year if the Secretary
determines, based on available information on the
numbers and needs of migratory children in the State
and the program proposed by the State to address such
needs, that such amount exceeds the amount required
under section 1134.
``(B) Reallocation.--The Secretary shall reallocate
such excess funds to other States whose grants under
this subpart would otherwise be insufficient to provide
an appropriate level of services to migratory children,
in such amounts as the Secretary determines are
appropriate.
``(e) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a
grant of $1,000,000 or less under this section, the Secretary
shall consult with the State educational agency to determine
whether consortium arrangements with another State or other
appropriate entity would result in delivery of services in a
more effective and efficient manner.
``(2) Proposals.--Any State, regardless of the amount of such
State's allocation, may submit a consortium arrangement to the
Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal
demonstrates that the arrangement will--
``(A) reduce administrative costs or program function
costs for State programs; and
``(B) make more funds available for direct services
to add substantially to the educational achievement of
children to be served under this subpart.
``(f) Determining Numbers of Eligible Children.--In order to
determine the identified number of migratory children residing in each
State for purposes of this section, the Secretary shall--
``(1) use the most recent information that most accurately
reflects the actual number of migratory children;
``(2) develop and implement a procedure for monitoring the
accuracy of such information;
``(3) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(4) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the unique needs of those children
participating in evidence-based or other effective
special programs provided under this subpart that
operate during the summer and intersession periods; and
``(B) the additional costs of operating such
programs; and
``(5) conduct an analysis of the options for adjusting the
formula so as to better direct services to migratory children,
including the most at-risk migratory children.
``(g) Nonparticipating States.--In the case of a State desiring to
receive an allocation under this subpart for a fiscal year that did not
receive an allocation for the previous fiscal year or that has been
participating for less than 3 consecutive years, the Secretary shall
calculate the State's number of identified migratory children aged 3
through 21 for purposes of subsection (a)(1)(A) by using the most
recent data available that identifies the migratory children residing
in the State until data is available to calculate the 3-year average
number of such children in accordance with such subsection.
``SEC. 1134. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive a grant
under this subpart for any fiscal year shall submit an application to
the Secretary at such time and in such manner as the Secretary may
require.
``(b) Program Information.--Each such application shall include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this subpart,
the State and its local operating agencies will ensure that the
unique educational needs of migratory children, including
preschool migratory children, are identified and addressed
through--
``(A) the full range of services that are available
for migratory children from appropriate local, State,
and Federal educational programs;
``(B) joint planning among local, State, and Federal
educational programs serving migratory children,
including language instruction educational programs
under chapter A of subpart 4; and
``(C) the integration of services available under
this subpart with services provided by those other
programs;
``(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to meet the
same State academic standards that all children are expected to
meet;
``(3) a description of how the State will use funds received
under this subpart to promote interstate and intrastate
coordination of services for migratory children, including how
the State will provide for educational continuity through the
timely transfer of pertinent school records, including
information on health, when children move from one school to
another, whether or not such a move occurs during the regular
school year;
``(4) a description of the State's priorities for the use of
funds received under this subpart, and how such priorities
relate to the State's assessment of needs for services in the
State;
``(5) a description of how the State will determine the
amount of any subgrants the State will award to local operating
agencies, taking into account the numbers and needs of
migratory children, the requirements of subsection (d), and the
availability of funds from other Federal, State, and local
programs; and
``(6) a description of how the State will encourage programs
and projects assisted under this subpart to offer family
literacy services if the programs and projects serve a
substantial number of migratory children whose parents do not
have a regular high school diploma or its recognized equivalent
or who have low levels of literacy.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) funds received under this subpart will be used only--
``(A) for programs and projects, including the
acquisition of equipment, in accordance with section
1136; and
``(B) to coordinate such programs and projects with
similar programs and projects within the State and in
other States, as well as with other Federal programs
that can benefit migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114,
subsections (b) and (d) of section 1115, subsections (b) and
(c) of section 1120A, and part C;
``(3) in the planning and operation of programs and projects
at both the State and local agency operating level, there is
consultation with parents of migratory children for programs of
not less than one school year in duration, and that all such
programs and projects are carried out--
``(A) in a manner that provides for the same parental
involvement as is required for programs and projects
under section 1118, unless extraordinary circumstances
make such provision impractical; and
``(B) in a format and language understandable to the
parents;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will be
determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under subpart
1;
``(6) to the extent feasible, such programs and projects will
provide for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing such
children and families of, or helping such children and
families gain access to, other education, health,
nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) high-quality, evidence-based family literacy
programs;
``(D) the integration of information technology into
educational and related programs; and
``(E) programs to facilitate the transition of
secondary school students to postsecondary education or
employment without the need for remediation; and
``(7) the State will assist the Secretary in determining the
number of migratory children under paragraph (1) of section
1133(a).
``(d) Priority for Services.--In providing services with funds
received under this subpart, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk of
failing, to meet the State's academic standards under section 1111
(b)(1) .
``(e) Continuation of Services.--Notwithstanding any other provision
of this subpart--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may continue
to receive services for one additional school year, but only if
comparable services are not available through other programs;
and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served through
credit accrual programs until graduation.
``SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.
``The Secretary shall approve each State application that meets the
requirements of this subpart, and may review any such application using
a peer review process.
``SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance under
this subpart shall ensure that the State and its local
operating agencies identify and address the unique educational
needs of migratory children in accordance with a comprehensive
State plan that--
``(A) is integrated with other programs under this
Act or other Acts, as appropriate;
``(B) may be submitted as a part of a consolidated
application under section 5302, if--
``(i) the unique needs of migratory children
are specifically addressed in the comprehensive
State plan;
``(ii) the comprehensive State plan is
developed in collaboration with parents of
migratory children; and
``(iii) the comprehensive State plan is not
used to supplant State efforts regarding, or
administrative funding for, this subpart;
``(C) provides that migratory children will have an
opportunity to meet the same State academic standards
under section 1111(b)(1) that all children are expected
to meet;
``(D) specifies measurable program goals and
outcomes;
``(E) encompasses the full range of services that are
available for migratory children from appropriate
local, State, and Federal educational programs;
``(F) is the product of joint planning among such
local, State, and Federal programs, including programs
under subpart 1, early childhood programs, and language
instruction educational programs under chapter A of
subpart 4; and
``(G) provides for the integration of services
available under this subpart with services provided by
such other programs.
``(2) Duration of the plan.--Each such comprehensive State
plan shall--
``(A) remain in effect for the duration of the
State's participation under this subpart; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this subpart.
``(b) Authorized Activities.--
``(1) Flexibility.--In implementing the comprehensive plan
described in subsection (a), each State educational agency,
where applicable through its local educational agencies, shall
have the flexibility to determine the activities to be provided
with funds made available under this subpart, except that such
funds first shall be used to meet the identified needs of
migratory children that result from their migratory lifestyle,
and to permit these children to participate effectively in
school.
``(2) Unaddressed needs.--Funds provided under this subpart
shall be used to address the needs of migratory children that
are not addressed by services available from other Federal or
non-Federal programs, except that migratory children who are
eligible to receive services under subpart 1 may receive those
services through funds provided under that subpart, or through
funds under this subpart that remain after the agency addresses
the needs described in paragraph (1).
``(3) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from serving
migratory children simultaneously with students with similar
educational needs in the same educational settings, where
appropriate.
``SEC. 1137. BYPASS.
``The Secretary may use all or part of any State's allocation under
this subpart to make arrangements with any public or private agency to
carry out the purpose of this subpart in such State if the Secretary
determines that--
``(1) the State is unable or unwilling to conduct educational
programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
educational achievement of such children.
``SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions
of higher education, and other public and private entities to
improve the interstate and intrastate coordination among such
agencies' educational programs, including through the
establishment or improvement of programs for credit accrual and
exchange, available to migratory students.
``(2) Duration.--Grants or contracts under this subsection
may be awarded for not more than 5 years.
``(b) Student Records.--
``(1) Assistance.--The Secretary shall assist States in
developing and maintaining an effective system for the
electronic transfer of student records and in determining the
number of migratory children in each State.
``(2) Information system.--
``(A) In general.--The Secretary, in consultation
with the States, shall ensure the linkage of migratory
student record systems for the purpose of
electronically exchanging, among the States, health and
educational information regarding all migratory
students. The Secretary shall ensure such linkage
occurs in a cost-effective manner, utilizing systems
used by the States prior to, or developed after, the
date of enactment of this Act. The Secretary shall
determine the minimum data elements that each State
receiving funds under this subpart shall collect and
maintain. Such minimum data elements may include--
``(i) immunization records and other health
information;
``(ii) elementary and secondary academic
history (including partial credit), credit
accrual, and results from State assessments
required under section 1111(b)(2);
``(iii) other academic information essential
to ensuring that migratory children achieve to
the States's academic standards; and
``(iv) eligibility for services under the
Individuals with Disabilities Education Act.
``(B) The Secretary shall consult with States before
updating the data elements that each State receiving
funds under this subpart shall be required to collect
for purposes of electronic transfer of migratory
student information and the requirements that States
shall meet for immediate electronic access to such
information.
``(3) No cost for certain transfers.--A State educational
agency or local educational agency receiving assistance under
this subpart shall make student records available to another
State educational agency or local educational agency that
requests the records at no cost to the requesting agency, if
the request is made in order to meet the needs of a migratory
child.
``(4) Report to congress.--
``(A) In general.--Not later than April 30, 2013, the
Secretary shall report to the Committee on Health,
Education, Labor, and Pensions of the Senate and the
Committee on Education and the Workforce of the House
of Representatives the Secretary's findings and
recommendations regarding the maintenance and transfer
of health and educational information for migratory
students by the States.
``(B) Required contents.--The Secretary shall include
in such report--
``(i) a review of the progress of States in
developing and linking electronic records
transfer systems;
``(ii) recommendations for maintaining such
systems; and
``(iii) recommendations for improving the
continuity of services provided for migratory
students.
``(c) Availability of Funds.--The Secretary shall reserve not more
than $10,000,000 of the amount reserved under section 1132 to carry out
this section for each fiscal year.
``(d) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on migratory children.
``SEC. 1139. DEFINITIONS.
``As used in this subpart:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this subpart;
``(B) a public or private agency with which a State
educational agency or the Secretary makes an
arrangement to carry out a project under this subpart;
or
``(C) a State educational agency, if the State
educational agency operates the State's migratory
education program or projects directly.
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent or spouse is, a migratory
agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, in order
to obtain, or accompany such parent or spouse, in order to
obtain, temporary or seasonal employment in agricultural or
fishing work--
``(A) has moved from one school district to another;
``(B) in a State that is comprised of a single school
district, has moved from one administrative area to
another within such district; or
``(C) resides in a school district of more than
15,000 square miles, and migrates a distance of 20
miles or more to a temporary residence to engage in a
fishing activity.
``Subpart 3--Prevention and Intervention Programs for Children and
Youth Who Are Neglected, Delinquent, or At-Risk
``SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.
``(a) Purpose.--It is the purpose of this subpart--
``(1) to improve educational services for children and youth
in local and State institutions for neglected or delinquent
children and youth so that such children and youth have the
opportunity to meet the same State academic standards that all
children in the State are expected to meet;
``(2) to provide such children and youth with the services
needed to make a successful transition from
institutionalization to further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school,
and to provide dropouts, and children and youth returning from
correctional facilities or institutions for neglected or
delinquent children and youth, with a support system to ensure
their continued education.
``(b) Program Authorized.--From amounts appropriated under section
3(a)(1), the Secretary shall reserve 0.3 of one percent to carry out
this subpart.
``(c) Grants Awarded.--From the amounts reserved under subsection (b)
and not reserved under section 1004 and section 1159, the Secretary
shall make grants to State educational agencies that have plans
submitted under section 1154 approved to enable such agencies to award
subgrants to State agencies and local educational agencies to establish
or improve programs of education for neglected, delinquent, or at-risk
children and youth.
``SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
``(a) Agency Subgrants.--Based on the allocation amount computed
under section 1152, the Secretary shall allocate to each State
educational agency an amount necessary to make subgrants to State
agencies under chapter A.
``(b) Local Subgrants.--Each State shall retain, for the purpose of
carrying out chapter B, funds generated throughout the State under
subpart 1 of this part based on children and youth residing in local
correctional facilities, or attending community day programs for
delinquent children and youth.
``CHAPTER A--STATE AGENCY PROGRAMS
``SEC. 1151. ELIGIBILITY.
``A State agency is eligible for assistance under this chapter if
such State agency is responsible for providing free public education
for children and youth--
``(1) in institutions for neglected or delinquent children
and youth;
``(2) attending community day programs for neglected or
delinquent children and youth; or
``(3) in adult correctional institutions.
``SEC. 1152. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section
1151 (other than an agency in the Commonwealth of Puerto Rico)
is eligible to receive a subgrant under this chapter, for each
fiscal year, in an amount equal to the product of--
``(A) the number of neglected or delinquent children
and youth described in section 1151 who--
``(i) are enrolled for at least 15 hours per
week in education programs in adult
correctional institutions; and
``(ii) are enrolled for at least 20 hours per
week--
``(I) in education programs in
institutions for neglected or
delinquent children and youth; or
``(II) in community day programs for
neglected or delinquent children and
youth; and
``(B) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this subparagraph shall not be less than 32 percent,
nor more than 48 percent, of the average per-pupil
expenditure in the United States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a deadline
set by the Secretary, except that no State agency shall
be required to determine the number of such children
and youth on a specific date set by the Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such
agency's annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--
``(1) In general.--For each fiscal year, the amount of the
subgrant which a State agency in the Commonwealth of Puerto
Rico shall be eligible to receive under this chapter shall be
the amount determined by multiplying the number of children
counted under subsection (a)(1)(A) for the Commonwealth of
Puerto Rico by the product of--
``(A) the percentage which the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States; and
``(B) 32 percent of the average per-pupil expenditure
in the United States.
``(2) Minimum percentage.--The percentage in paragraph (1)(A)
shall not be less than 85 percent.
``(c) Ratable Reductions in Case of Insufficient Appropriations.--If
the amount reserved for any fiscal year for subgrants under subsections
(a) and (b) is insufficient to pay the full amount for which all State
agencies are eligible under such subsections, the Secretary shall
ratably reduce each such amount.
``SEC. 1153. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State agency does
not need the full amount of the subgrant for which such State agency is
eligible under this chapter for any fiscal year, the State educational
agency may reallocate the amount that will not be needed to other
eligible State agencies that need additional funds to carry out the
purpose of this chapter, in such amounts as the State educational
agency shall determine.
``SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that desires
to receive a grant under this chapter shall submit, for
approval by the Secretary, a plan--
``(A) for meeting the educational needs of neglected,
delinquent, and at-risk children and youth;
``(B) for assisting in the transition of children and
youth from correctional facilities to locally operated
programs; and
``(C) that is integrated with other programs under
this Act or other Acts, as appropriate.
``(2) Contents.--Each such State plan shall--
``(A) describe how the State will assess the
effectiveness of the program in improving the academic,
career, and technical skills of children in the
program;
``(B) provide that, to the extent feasible, such
children will have the same opportunities to achieve as
such children would have if such children were in the
schools of local educational agencies in the State;
``(C) describe how the State will place a priority
for such children to obtain a regular high school
diploma, to the extent feasible; and
``(D) contain an assurance that the State educational
agency will--
``(i) ensure that programs assisted under
this chapter will be carried out in accordance
with the State plan described in this
subsection;
``(ii) carry out the evaluation requirements
of section 1171; and
``(iii) ensure that the State agencies
receiving subgrants under this chapter comply
with all applicable statutory and regulatory
requirements.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the
State's participation under this chapter; and
``(B) be periodically reviewed and revised by the
State, as necessary, to reflect changes in the State's
strategies and programs under this chapter.
``(b) Secretarial Approval and Peer Review.--
``(1) Secretarial approval.--The Secretary shall approve each
State plan that meets the requirements of this chapter.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that desires to
receive funds to carry out a program under this chapter shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with
the State plan under section 1111, to assess the educational
needs of the children to be served under this chapter;
``(2) provide an assurance that in making services available
to children and youth in adult correctional institutions,
priority will be given to such children and youth who are
likely to complete incarceration within a 2-year period;
``(3) describes the program, including a budget for the first
year of the program, with annual updates to be provided to the
State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1156 are of high
quality;
``(6) describes how the programs will be coordinated with
other appropriate State and Federal programs, such as programs
under title I of Public Law 105-220, career and technical
education programs, State and local dropout prevention
programs, and special education programs;
``(7) describes how the State agency will encourage
correctional facilities receiving funds under this chapter to
coordinate with local educational agencies or alternative
education programs attended by incarcerated children and youth
prior to and after their incarceration to ensure that student
assessments and appropriate academic records are shared jointly
between the correctional facility and the local educational
agency or alternative education program;
``(8) describes how appropriate professional development will
be provided to teachers and other staff;
``(9) designates an individual in each affected correctional
facility or institution for neglected or delinquent children
and youth to be responsible for issues relating to the
transition of such children and youth from such facility or
institution to locally operated programs;
``(10) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring for
participating children and youth;
``(11) provides an assurance that the State agency will
assist in locating alternative programs through which students
can continue their education if the students are not returning
to school after leaving the correctional facility or
institution for neglected or delinquent children and youth;
``(12) provides assurances that the State agency will work
with parents to secure parents' assistance in improving the
educational achievement of their children and youth, and
preventing their children's and youth's further involvement in
delinquent activities;
``(13) provides an assurance that the State agency will work
with children and youth with disabilities in order to meet an
existing individualized education program and an assurance that
the agency will notify the child's or youth's local school if
the child or youth--
``(A) is identified as in need of special education
services while the child or youth is in the
correctional facility or institution for neglected or
delinquent children and youth; and
``(B) intends to return to the local school;
``(14) provides an assurance that the State agency will work
with children and youth who dropped out of school before
entering the correctional facility or institution for neglected
or delinquent children and youth to encourage the children and
youth to reenter school and obtain a regular high school
diploma once the term of the incarceration is completed, or
provide the child or youth with the skills necessary to gain
employment, continue the education of the child or youth, or
obtain a regular high school diploma or its recognized
equivalent if the child or youth does not intend to return to
school;
``(15) provides an assurance that effective teachers and
other qualified staff are trained to work with children and
youth with disabilities and other students with special needs
taking into consideration the unique needs of such students;
``(16) describes any additional services to be provided to
children and youth, such as career counseling, distance
education, and assistance in securing student loans and grants;
and
``(17) provides an assurance that the program under this
chapter will be coordinated with any programs operated under
the Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5601 et seq.) or other comparable programs, if
applicable.
``SEC. 1155. USE OF FUNDS.
``(a) Uses.--
``(1) In general.--A State agency shall use funds received
under this chapter only for programs and projects that--
``(A) are consistent with the State plan under
section 1154(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful
transition to secondary school completion, career or
technical training, further education, or employment
without the need for remediation.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational
services that--
``(i) except for institution-wide projects
under section 1156, are provided to children
and youth identified by the State agency as
failing, or most at-risk of failing, to meet
the State's academic standards; and
``(ii) supplement and improve the quality of
the educational services provided to such
children and youth by the State agency; and
``(iii) afford such children and youth an
opportunity to meet State academic standards;
and
``(C) shall be carried out in a manner consistent
with section 1120A and part C (as applied to programs
and projects under this chapter).
``(b) Supplement, Not Supplant.--A program under this chapter that
supplements the number of hours of instruction students receive from
State and local sources shall be considered to comply with the
supplement, not supplant the requirement of section 1120A (as applied
to this chapter) without regard to the subject areas in which
instruction is given during those hours.
``SEC. 1156. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for children and
youth in an institution for neglected or delinquent children and youth
(other than an adult correctional institution) or attending a community
day program for such children and youth may use funds received under
this chapter to serve all children in, and upgrade the entire
educational effort of, that institution or program if the State agency
has developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the institution
or program serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within a
2-year period;
``(3) describes the steps the State agency has taken, or will
take, to provide all children and youth under age 21 with the
opportunity to meet State academic standards in order to
improve the likelihood that the children and youth will
complete secondary school, obtain a regular high school diploma
or its recognized equivalent, or find employment after leaving
the institution;
``(4) describes the instructional program, specialized
instructional support services, and procedures that will be
used to meet the needs described in paragraph (1), including,
to the extent feasible, the provision of mentors for the
children and youth described in paragraph (1);
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be used
to assess and improve student achievement;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions or
community day programs for neglected or delinquent children and
youth, and with personnel from the State educational agency;
and
``(8) includes an assurance that the State agency has
provided for appropriate training for teachers and other
instructional and administrative personnel to enable such
teachers and personnel to carry out the project effectively.
``SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under this chapter
in which individual children or youth are likely to participate for
more than one year, the State educational agency may approve the State
agency's application for a subgrant under this chapter for a period of
not more than 3 years.
``SEC. 1158. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve not less
than 15 percent and not more than 30 percent of the amount such agency
receives under this chapter for any fiscal year to support--
``(1) projects that facilitate the transition of children and
youth from State-operated institutions to schools served by
local educational agencies; or
``(2) the successful re-entry of youth offenders, who are age
20 or younger and have received a regular high school diploma
or its recognized equivalent, into postsecondary education, or
career and technical training programs, through strategies
designed to expose the youth to, and prepare the youth for,
postsecondary education, or career and technical training
programs, such as--
``(A) preplacement programs that allow adjudicated or
incarcerated youth to audit or attend courses on
college, university, or community college campuses, or
through programs provided in institutional settings;
``(B) worksite schools, in which institutions of
higher education and private or public employers
partner to create programs to help students make a
successful transition to postsecondary education and
employment; and
``(C) essential support services to ensure the
success of the youth, such as--
``(i) personal, career and technical, and
academic counseling;
``(ii) placement services designed to place
the youth in a university, college, or junior
college program;
``(iii) information concerning, and
assistance in obtaining, available student
financial aid;
``(iv) counseling services; and
``(v) job placement services.
``(b) Conduct of Projects.--A project supported under this section
may be conducted directly by the State agency, or through a contract or
other arrangement with one or more local educational agencies, other
public agencies, or private organizations.
``(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under subsection (a)
from serving neglected and delinquent children and youth simultaneously
with students with similar educational needs, in the same educational
settings where appropriate.
``SEC. 1159. TECHNICAL ASSISTANCE.
``The Secretary shall reserve not more than 1 percent of the amount
reserved under section 1141 to provide technical assistance to and
support State agency programs assisted under this chapter.
``CHAPTER B--LOCAL AGENCY PROGRAMS
``SEC. 1161. PURPOSE.
``The purpose of this chapter is to support the operation of local
educational agency programs that involve collaboration with locally
operated correctional facilities--
``(1) to carry out high quality education programs to prepare
children and youth for secondary school completion, training,
employment, or further education;
``(2) to provide activities to facilitate the transition of
such children and youth from the correctional program to
further education or employment; and
``(3) to operate programs in local schools for children and
youth returning from correctional facilities, and programs
which may serve at-risk children and youth.
``SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds made available under section
1142(b), the State educational agency shall award subgrants to local
educational agencies with high numbers or percentages of children and
youth residing in locally operated (including county operated)
correctional facilities for children and youth (including facilities
involved in community day programs).
``(b) Special Rule.--A local educational agency that serves a school
operated by a correctional facility is not required to operate a
program of support for children and youth returning from such school to
a school that is not operated by a correctional agency but served by
such local educational agency, if more than 30 percent of the children
and youth attending the school operated by the correctional facility
will reside outside the boundaries served by the local educational
agency after leaving such facility.
``(c) Notification.--A State educational agency shall notify local
educational agencies within the State of the eligibility of such
agencies to receive a subgrant under this chapter.
``(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies under this
chapter shall be designed primarily to meet the transitional and
academic needs of students returning to local educational agencies or
alternative education programs from correctional facilities. Services
to students at-risk of dropping out of school shall not have a negative
impact on meeting the transitional and academic needs of the students
returning from correctional facilities.
``SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Each local educational agency desiring assistance under this
chapter shall submit an application to the State educational agency
that contains such information as the State educational agency may
require. Each such application shall include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements, regarding the
program to be assisted, between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative school
programs serving children and youth involved with the
juvenile justice system;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
children and youth to ensure that such children and youth are
participating in an education program comparable to one
operating in the local school such youth would attend;
``(4) a description of the program operated by participating
schools for children and youth returning from correctional
facilities and, as appropriate, the types of services that such
schools will provide such children and youth and other at-risk
children and youth;
``(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and other
needs) of the children and youth who will be returning from
correctional facilities and, as appropriate, other at-risk
children and youth expected to be served by the program, and a
description of how the school will coordinate existing
educational programs to meet the unique educational needs of
such children and youth;
``(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other services to
meet the needs of students returning from correctional
facilities and at-risk children or youth, including prenatal
health care and nutrition services related to the health of the
parent and the child or youth, parenting and child development
classes, child care, targeted reentry and outreach programs,
referrals to community resources, and scheduling flexibility;
``(7) as appropriate, a description of any partnerships with
local businesses to develop training, curriculum-based youth
entrepreneurship education, and mentoring services for
participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational
achievement of their children, assist in dropout prevention
activities, and prevent the involvement of their children in
delinquent activities;
``(9) a description of how the program under this chapter
will be coordinated with other Federal, State, and local
programs, such as programs under title I of Public Law 105-220
and career and technical education programs serving at-risk
children and youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
``(11) as appropriate, a description of how schools will work
with probation officers to assist in meeting the needs of
children and youth returning from correctional facilities;
``(12) a description of the efforts participating schools
will make to ensure correctional facilities working with
children and youth are aware of a child's or youth's existing
individualized education program; and
``(13) as appropriate, a description of the steps
participating schools will take to find alternative placements
for children and youth interested in continuing their education
but unable to participate in a traditional public school
program.
``SEC. 1164. USES OF FUNDS.
``Funds provided to local educational agencies under this chapter may
be used, as appropriate, for--
``(1) programs that serve children and youth returning to
local schools from correctional facilities, to assist in the
transition of such children and youth to the school environment
and help them remain in school in order to complete their
education;
``(2) dropout prevention programs which serve at-risk
children and youth;
``(3) the coordination of health and social services for such
individuals if there is a likelihood that the provision of such
services, including day care, drug and alcohol counseling, and
mental health services, will improve the likelihood such
individuals will complete their education;
``(4) special programs to meet the unique academic needs of
participating children and youth, including career and
technical education, special education, career counseling,
curriculum-based youth entrepreneurship education, and
assistance in securing student loans or grants for
postsecondary education; and
``(5) programs providing mentoring and peer mediation.
``SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement with a local
educational agency under section 1163(2) to provide services to
children and youth under this chapter shall--
``(1) where feasible, ensure that educational programs in the
correctional facility are coordinated with the student's home
school, particularly with respect to a student with an
individualized education program under part B of the
Individuals with Disabilities Education Act;
``(2) if the child or youth is identified as in need of
special education services while in the correctional facility,
notify the local school of the child or youth of such need;
``(3) where feasible, provide transition assistance to help
the child or youth stay in school, including coordination of
services for the family, counseling, assistance in accessing
drug and alcohol abuse prevention programs, tutoring, and
family counseling;
``(4) provide support programs that encourage children and
youth who have dropped out of school to re-enter school and
obtain a regular high school diploma once their term at the
correctional facility has been completed, or provide such
children and youth with the skills necessary to gain employment
or seek a regular high school diploma or its recognized
equivalent;
``(5) work to ensure that the correctional facility is
staffed with effective teachers and other qualified staff who
are trained to work with children and youth with disabilities
taking into consideration the unique needs of such children and
youth;
``(6) ensure that educational programs in the correctional
facility are related to assisting students to meet the States's
academic standards;
``(7) to the extent possible, use technology to assist in
coordinating educational programs between the correctional
facility and the community school;
``(8) where feasible, involve parents in efforts to improve
the educational achievement of their children and prevent the
further involvement of such children in delinquent activities;
``(9) coordinate funds received under this chapter with other
local, State, and Federal funds available to provide services
to participating children and youth, such as funds made
available under title I of Public Law 105-220, and career and
technical education funds;
``(10) coordinate programs operated under this chapter with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable;
``(11) if appropriate, work with local businesses to develop
training, curriculum-based youth entrepreneurship education,
and mentoring programs for children and youth; and
``(12) consult with the local educational agency for a period
jointly determined necessary by the correctional facility and
local educational agency upon discharge from that facility to
coordinate educational services so as to minimize disruption to
the child's or youth's achievement.
``SEC. 1166. ACCOUNTABILITY.
``The State educational agency--
``(1) may require correctional facilities or institutions for
neglected or delinquent children and youth to demonstrate,
after receiving assistance under this chapter for 3 years, that
there has been an increase in the number of children and youth
returning to school, obtaining a regular high school diploma or
its recognized equivalent, or obtaining employment after such
children and youth are released; and
``(2) may reduce or terminate funding for projects under this
chapter if a local educational agency does not show progress in
the number of children and youth obtaining a regular high
school diploma or its recognized equivalent.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1171. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local educational
agency that conducts a program under chapters A or B shall evaluate the
program, disaggregating data on participation by gender, race,
ethnicity, and age, not less than once every 3 years, to determine the
program's impact on the ability of participants--
``(1) to maintain and improve educational achievement;
``(2) to accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) to make the transition to a regular program or other
education program operated by a local educational agency;
``(4) to complete high school (or high school equivalency
requirements) and obtain employment after leaving the
correctional facility or institution for neglected or
delinquent children and youth; and
``(5) as appropriate, to participate in postsecondary
education and job training programs.
``(b) Exception.--The disaggregation required under subsection (a)
shall not be required in a case in which the number of students in a
category is insufficient to yield statistically reliable information or
the results would reveal personally identifiable information about an
individual student.
``(c) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency shall use
multiple and appropriate measures of student progress.
``(d) Evaluation Results.--Each State agency and local educational
agency shall--
``(1) submit evaluation results to the State educational
agency and the Secretary; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating children
and youth.
``SEC. 1172. DEFINITIONS.
``In this subpart:
``(1) Adult correctional institution.--The term `adult
correctional institution' means a facility in which persons
(including persons under 21 years of age) are confined as a
result of a conviction for a criminal offense.
``(2) At-risk.--The term `at-risk', when used with respect to
a child, youth, or student, means a school-aged individual who
``(A) is at-risk of academic failure; and
``(B) has a drug or alcohol problem, is pregnant or
is a parent, has come into contact with the juvenile
justice system in the past, is at least 1 year behind
the expected grade level for the age of the individual,
is an English learner, is a gang member, has dropped
out of school in the past, or has a high absenteeism
rate at school.
``(3) Community day program.--The term `community day
program' means a regular program of instruction provided by a
State agency at a community day school operated specifically
for neglected or delinquent children and youth.
``(4) Institution for neglected or delinquent children and
youth.--The term `institution for neglected or delinquent
children and youth' means--
``(A) a public or private residential facility, other
than a foster home, that is operated for the care of
children who have been committed to the institution or
voluntarily placed in the institution under applicable
State law, due to abandonment, neglect, or death of
their parents or guardians; or
``(B) a public or private residential facility for
the care of children who have been adjudicated to be
delinquent or in need of supervision.
``Subpart 4--English Language Acquisition, Language Enhancement, and
Academic Achievement
``SEC. 1181. PURPOSES.
``The purposes of this subpart are--
``(1) to help ensure that English learners, including
immigrant children and youth, attain English proficiency and
develop high levels of academic achievement in English;
``(2) to assist all English learners, including immigrant
children and youth, to achieve at high levels in the core
academic subjects so that those children can meet the same
State academic standards that all children are expected to
meet, consistent with section 1111(b)(1);
``(3) to assist State educational agencies, local educational
agencies, and schools in establishing, implementing, and
sustaining high-quality, flexible, evidence-based language
instruction educational programs designed to assist in teaching
English learners, including immigrant children and youth;
``(4) to assist State educational agencies and local
educational agencies to develop and enhance their capacity to
provide high-quality, evidence-based instructional programs
designed to prepare English learners, including immigrant
children and youth, to enter all-English instruction settings;
and
``(5) to promote parental and community participation in
language instruction educational programs for the parents and
communities of English learners.
``CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
LANGUAGE ENHANCEMENT
``SEC. 1191. FORMULA GRANTS TO STATES.
``(a) In General.--In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under section
1192, the Secretary shall reserve 4.4 percent of funds appropriated
under section 3(a)(1) to make a grant for the year to the agency for
the purposes specified in subsection (b). The grant shall consist of
the allotment determined for the State educational agency under
subsection (c).
``(b) Use of Funds.--
``(1) Subgrants to eligible entities.--The Secretary may make
a grant under subsection (a) only if the State educational
agency involved agrees to expend at least 95 percent of the
State educational agency's allotment under subsection (c) for a
fiscal year--
``(A) to award subgrants, from allocations under
section 1193, to eligible entities to carry out the
activities described in section 1194 (other than
subsection (e)); and
``(B) to award subgrants under section 1193(d)(1) to
eligible entities that are described in that section to
carry out the activities described in section 1194(e).
``(2) State activities.--Subject to paragraph (3), each State
educational agency receiving a grant under subsection (a) may
reserve not more than 5 percent of the agency's allotment under
subsection (c) to carry out the following activities:
``(A) Professional development activities, and other
activities, which may include assisting personnel in--
``(i) meeting State and local certification
and licensing requirements for teaching English
learners; and
``(ii) improving teacher skills in meeting
the diverse needs of English learners,
including in how to implement evidence-based
programs and curricula on teaching English
learners.
``(B) Planning, evaluation, administration, and
interagency coordination related to the subgrants
referred to in paragraph (1).
``(C) Providing technical assistance and other forms
of assistance to eligible entities that are receiving
subgrants from a State educational agency under this
chapter, including assistance in--
``(i) identifying and implementing evidence-
based language instruction educational programs
and curricula for teaching English learners;
``(ii) helping English learners meet the same
State academic standards that all children are
expected to meet;
``(iii) identifying or developing, and
implementing, measures of English proficiency;
and
``(iv) strengthening and increasing parent,
family, and community engagement.
``(D) Providing recognition, which may include
providing financial awards, to subgrantees that have
significantly improved the achievement and progress of
English learners in--
``(i) reaching English language proficiency,
based on the State's English language
proficiency assessment under section
1111(b)(2)(D); and
``(ii) meeting the State academic standards
under section 1111(b)(1).
``(3) Administrative expenses.--From the amount reserved
under paragraph (2), a State educational agency may use not
more than 40 percent of such amount or $175,000, whichever is
greater, for the planning and administrative costs of carrying
out paragraphs (1) and (2).
``(c) Reservations and Allotments.--
``(1) Reservations.--From the amount reserved under section
1191(a) for each fiscal year, the Secretary shall reserve--
``(A) 0.5 percent of such amount for payments to
outlying areas, to be allotted in accordance with their
respective needs for assistance under this chapter, as
determined by the Secretary, for activities, approved
by the Secretary, consistent with this chapter; and
``(B) 6.5 percent of such amount for national
activities under sections 1211 and 1222, except that
not more than $2,000,000 of such amount may be reserved
for the National Clearinghouse for English Language
Acquisition and Language Instruction Educational
Programs described in section 1222.
``(2) State allotments.--
``(A) In general.--Except as provided in subparagraph
(B), from the amount reserved under section 1191(a) for
each fiscal year that remains after making the
reservations under paragraph (1), the Secretary shall
allot to each State educational agency having a plan
approved under section 1192(c)--
``(i) an amount that bears the same
relationship to 80 percent of the remainder as
the number of English learners in the State
bears to the number of such children in all
States, as determined by data available from
the American Community Survey conducted by the
Department of Commerce or State-reported data;
and
``(ii) an amount that bears the same
relationship to 20 percent of the remainder as
the number of immigrant children and youth in
the State bears to the number of such children
and youth in all States, as determined based
only on data available from the American
Community Survey conducted by the Department of
Commerce.
``(B) Minimum allotments.--No State educational
agency shall receive an allotment under this paragraph
that is less than $500,000.
``(C) Reallotment.--If any State educational agency
described in subparagraph (A) does not submit a plan to
the Secretary for a fiscal year, or submits a plan (or
any amendment to a plan) that the Secretary, after
reasonable notice and opportunity for a hearing,
determines does not satisfy the requirements of this
chapter, the Secretary shall reallot any portion of
such allotment to the remaining State educational
agencies in accordance with subparagraph (A).
``(D) Special rule for puerto rico.--The total amount
allotted to Puerto Rico for any fiscal year under
subparagraph (A) shall not exceed 0.5 percent of the
total amount allotted to all States for that fiscal
year.
``(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year, the
Secretary shall determine the number of English learners in a
State and in all States, using the most accurate, up-to-date
data, which shall be--
``(A) data from the American Community Survey
conducted by the Department of Commerce, which may be
multiyear estimates;
``(B) the number of students being assessed for
English language proficiency, based on the State's
English language proficiency assessment under section
1111(b)(2)(D), which may be multiyear estimates; or
``(C) a combination of data available under
subparagraphs (A) and (B).
``SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.
``(a) Plan Required.--Each State educational agency desiring a grant
under this chapter shall submit a plan to the Secretary at such time
and in such manner as the Secretary may require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the process that the agency will use in
awarding subgrants to eligible entities under section
1193(d)(1);
``(2) provide an assurance that--
``(A) the agency will ensure that eligible entities
receiving a subgrant under this chapter comply with the
requirement in section 1111(b)(2)(B)(x) to annually
assess in English learners who have been in the United
States for 3 or more consecutive years;
``(B) the agency will ensure that eligible entities
receiving a subgrant under this chapter annually assess
the English proficiency of all English learners
participating in a program funded under this chapter,
consistent with section 1111(b)(2)(D);
``(C) in awarding subgrants under section 1193, the
agency will address the needs of school systems of all
sizes and in all geographic areas, including school
systems with rural and urban schools;
``(D) subgrants to eligible entities under section
1193(d)(1) will be of sufficient size and scope to
allow such entities to carry out high-quality,
evidence-based language instruction educational
programs for English learners;
``(E) the agency will require an eligible entity
receiving a subgrant under this chapter to use the
subgrant in ways that will build such recipient's
capacity to continue to offer high-quality evidence-
based language instruction educational programs that
assist English learners in meeting State academic
standards;
``(F) the agency will monitor the eligible entity
receiving a subgrant under this chapter for compliance
with applicable Federal fiscal requirements; and
``(G) the plan has been developed in consultation
with local educational agencies, teachers,
administrators of programs implemented under this
chapter, parents, and other relevant stakeholders;
``(3) describe how the agency will coordinate its programs
and activities under this chapter with other programs and
activities under this Act and other Acts, as appropriate;
``(4) describe how eligible entities in the State will be
given the flexibility to teach English learners--
``(A) using a high-quality, evidence-based language
instruction curriculum for teaching English learners;
and
``(B) in the manner the eligible entities determine
to be the most effective; and
``(5) describe how the agency will assist eligible entities
in increasing the number of English learners who acquire
English proficiency.
``(c) Approval.--The Secretary, after using a peer review process,
shall approve a plan submitted under subsection (a) if the plan meets
the requirements of this section.
``(d) Duration of Plan.--
``(1) In general.--Each plan submitted by a State educational
agency and approved under subsection (c) shall--
``(A) remain in effect for the duration of the
agency's participation under this chapter; and
``(B) be periodically reviewed and revised by the
agency, as necessary, to reflect changes to the
agency's strategies and programs carried out under this
subpart.
``(2) Additional information.--
``(A) Amendments.--If the State educational agency
amends the plan, the agency shall submit such amendment
to the Secretary.
``(B) Approval.--The Secretary shall approve such
amendment to an approved plan, unless the Secretary
determines that the amendment will result in the agency
not meeting the requirements, or fulfilling the
purposes, of this subpart.
``(e) Consolidated Plan.--A plan submitted under subsection (a) may
be submitted as part of a consolidated plan under section 5302.
``(f) Secretary Assistance.--The Secretary shall provide technical
assistance, if requested, in the development of English proficiency
standards and assessments.
``SEC. 1193. WITHIN-STATE ALLOCATIONS.
``(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a grant
under section 1191(c)(2) shall award subgrants for a fiscal year by
allocating in a timely manner to each eligible entity in the State
having a plan approved under section 1195 an amount that bears the same
relationship to the amount received under the grant and remaining after
making such reservation as the population of English learners in
schools served by the eligible entity bears to the population of
English learners in schools served by all eligible entities in the
State.
``(b) Limitation.--A State educational agency shall not award a
subgrant from an allocation made under subsection (a) if the amount of
such subgrant would be less than $10,000.
``(c) Reallocation.--Whenever a State educational agency determines
that an amount from an allocation made to an eligible entity under
subsection (a) for a fiscal year will not be used by the entity for the
purpose for which the allocation was made, the agency shall, in
accordance with such rules as it determines to be appropriate,
reallocate such amount, consistent with such subsection, to other
eligible entities in the State that the agency determines will use the
amount to carry out that purpose.
``(d) Required Reservation.--A State educational agency receiving a
grant under this chapter for a fiscal year--
``(1) shall reserve not more than 15 percent of the agency's
allotment under section 1191(c)(2) to award subgrants to
eligible entities in the State that have experienced a
significant increase, as compared to the average of the 2
preceding fiscal years, in the percentage or number of
immigrant children and youth, who have enrolled, during the
fiscal year preceding the fiscal year for which the subgrant is
made, in public and nonpublic elementary schools and secondary
schools in the geographic areas under the jurisdiction of, or
served by, such entities; and
``(2) in awarding subgrants under paragraph (1)--
``(A) shall equally consider eligible entities that
satisfy the requirement of such paragraph but have
limited or no experience in serving immigrant children
and youth; and
``(B) shall consider the quality of each local plan
under section 1195 and ensure that each subgrant is of
sufficient size and scope to meet the purposes of this
subpart.
``SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.
``(a) Purposes of Subgrants.--A State educational agency may make a
subgrant to an eligible entity from funds received by the agency under
this chapter only if the entity agrees to expend the funds to improve
the education of English learners, by assisting the children to learn
English and meet State academic standards. In carrying out activities
with such funds, the eligible entity shall use evidence-based
approaches and methodologies for teaching English learners and
immigrant children and youth for the following purposes:
``(1) Developing and implementing new language instruction
educational programs and academic content instruction programs
for English learners and immigrant children and youth,
including programs of early childhood education, elementary
school programs, and secondary school programs.
``(2) Carrying out highly focused, innovative, locally
designed, evidence-based activities to expand or enhance
existing language instruction educational programs and academic
content instruction programs for English learners and immigrant
children and youth.
``(3) Implementing, within an individual school, schoolwide
programs for restructuring, reforming, and upgrading all
relevant programs, activities, and operations relating to
language instruction educational programs and academic content
instruction for English learners and immigrant children and
youth.
``(4) Implementing, within the entire jurisdiction of a local
educational agency, agencywide programs for restructuring,
reforming, and upgrading all relevant programs, activities, and
operations relating to language instruction educational
programs and academic content instruction for English learners
and immigrant children and youth.
``(b) Administrative Expenses.--Each eligible entity receiving funds
under section 1193(a) for a fiscal year shall use not more than 2
percent of such funds for the cost of administering this chapter.
``(c) Required Subgrantee Activities.--An eligible entity receiving
funds under section 1193(a) shall use the funds--
``(1) to increase the English language proficiency of English
learners by providing high-quality, evidence-based language
instruction educational programs that meet the needs of English
learners and have demonstrated success in increasing--
``(A) English language proficiency; and
``(B) student academic achievement in the core
academic subjects;
``(2) to provide high-quality, evidence-based professional
development to classroom teachers (including teachers in
classroom settings that are not the settings of language
instruction educational programs), school leaders,
administrators, and other school or community-based
organization personnel, that is--
``(A) designed to improve the instruction and
assessment of English learners;
``(B) designed to enhance the ability of teachers and
school leaders to understand and implement curricula,
assessment practices and measures, and instruction
strategies for English learners;
``(C) evidence-based in increasing children's English
language proficiency or substantially increasing the
subject matter knowledge, teaching knowledge, and
teaching skills of teachers; and
``(D) of sufficient intensity and duration (which
shall not include activities such as one-day or short-
term workshops and conferences) to have a positive and
lasting impact on the teachers' performance in the
classroom, except that this subparagraph shall not
apply to an activity that is one component of a long-
term, comprehensive professional development plan
established by a teacher and the teacher's supervisor
based on an assessment of the needs of the teacher, the
supervisor, the students of the teacher, and any local
educational agency employing the teacher, as
appropriate; and
``(3) to provide and implement other evidence-based
activities and strategies that enhance or supplement language
instruction educational programs for English learners,
including parental and community engagement activities and
strategies that serve to coordinate and align related programs.
``(d) Authorized Subgrantee Activities.--Subject to subsection (c),
an eligible entity receiving funds under section 1193(a) may use the
funds to achieve one of the purposes described in subsection (a) by
undertaking one or more of the following activities:
``(1) Upgrading program objectives and effective instruction
strategies.
``(2) Improving the instruction program for English learners
by identifying, acquiring, and upgrading curricula, instruction
materials, educational software, and assessment procedures.
``(3) Providing to English learners--
``(A) tutorials and academic or career education for
English learners; and
``(B) intensified instruction.
``(4) Developing and implementing elementary school or
secondary school language instruction educational programs that
are coordinated with other relevant programs and services.
``(5) Improving the English language proficiency and academic
achievement of English learners.
``(6) Providing community participation programs, family
literacy services, and parent outreach and training activities
to English learners and their families--
``(A) to improve the English language skills of
English learners; and
``(B) to assist parents in helping their children to
improve their academic achievement and becoming active
participants in the education of their children.
``(7) Improving the instruction of English learners by
providing for--
``(A) the acquisition or development of educational
technology or instructional materials;
``(B) access to, and participation in, electronic
networks for materials, training, and communication;
and
``(C) incorporation of the resources described in
subparagraphs (A) and (B) into curricula and programs,
such as those funded under this chapter.
``(8) Carrying out other activities that are consistent with
the purposes of this section.
``(e) Activities by Agencies Experiencing Substantial Increases in
Immigrant Children and Youth.--
``(1) In general.--An eligible entity receiving funds under
section 1193(d)(1) shall use the funds to pay for activities
that provide enhanced instructional opportunities for immigrant
children and youth, which may include--
``(A) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(B) support for personnel, including
paraprofessionals who have been specifically trained,
or are being trained, to provide services to immigrant
children and youth;
``(C) provision of tutorials, mentoring, and academic
or career counseling for immigrant children and youth;
``(D) identification, development, and acquisition of
curricular materials, educational software, and
technologies to be used in the program carried out with
awarded funds;
``(E) basic instruction services that are directly
attributable to the presence in the local educational
agency involved of immigrant children and youth,
including the payment of costs of providing additional
classroom supplies, costs of transportation, or such
other costs as are directly attributable to such
additional basic instruction services;
``(F) other instruction services that are designed to
assist immigrant children and youth to achieve in
elementary schools and secondary schools in the United
States, such as programs of introduction to the
educational system and civics education; and
``(G) activities, coordinated with community-based
organizations, institutions of higher education,
private sector entities, or other entities with
expertise in working with immigrants, to assist parents
of immigrant children and youth by offering
comprehensive community services.
``(2) Duration of subgrants.--The duration of a subgrant made
by a State educational agency under section 1193(d)(1) shall be
determined by the agency in its discretion.
``(f) Selection of Method of Instruction.--
``(1) In general.--To receive a subgrant from a State
educational agency under this chapter, an eligible entity shall
select one or more methods or forms of instruction to be used
in the programs and activities undertaken by the entity to
assist English learners to attain English language proficiency
and meet State academic standards.
``(2) Consistency.--Such selection shall be consistent with
sections 1204 through 1206.
``(g) Supplement, Not Supplant.--Federal funds made available under
this chapter shall be used so as to supplement the level of Federal,
State, and local public funds that, in the absence of such
availability, would have been expended for programs for English
learners and immigrant children and youth and in no case to supplant
such Federal, State, and local public funds.
``SEC. 1195. LOCAL PLANS.
``(a) Plan Required.--Each eligible entity desiring a subgrant from
the State educational agency under section 1193 shall submit a plan to
the State educational agency at such time, in such manner, and
containing such information as the State educational agency may
require.
``(b) Contents.--Each plan submitted under subsection (a) shall--
``(1) describe the evidence-based programs and activities
proposed to be developed, implemented, and administered under
the subgrant that will help English learners increase their
English language proficiency and meet the State academic
standards;
``(2) describe how the eligible entity will hold elementary
schools and secondary schools receiving funds under this
chapter accountable for annually assessing the English language
proficiency of all children participating under this subpart,
consistent with section 1111(b);
``(3) describe how the eligible entity will promote parent
and community engagement in the education of English learners;
``(4) contain an assurance that the eligible entity consulted
with teachers, researchers, school administrators, parents and
community members, public or private organizations, and
institutions of higher education, in developing and
implementing such plan;
``(5) describe how language instruction educational programs
carried out under the subgrant will ensure that English
learners being served by the programs develop English language
proficiency; and
``(6) contain assurances that--
``(A) each local educational agency that is included
in the eligible entity is complying with section
1112(g) prior to, and throughout, each school year; and
``(B) the eligible entity is not in violation of any
State law, including State constitutional law,
regarding the education of English learners, consistent
with sections 1205 and 1206.
``(c) Teacher English Fluency.--Each eligible entity receiving a
subgrant under section 1193 shall include in its plan a certification
that all teachers in any language instruction educational program for
English learners that is, or will be, funded under this subpart are
fluent in English and any other language used for instruction,
including having written and oral communications skills.
``CHAPTER B--ADMINISTRATION
``SEC. 1201. REPORTING.
``(a) In General.--Each eligible entity that receives a subgrant from
a State educational agency under chapter A shall provide such agency,
at the conclusion of every second fiscal year during which the subgrant
is received, with a report, in a form prescribed by the agency, on the
activities conducted and students served under this subpart that
includes--
``(1) a description of the programs and activities conducted
by the entity with funds received under chapter A during the
two immediately preceding fiscal years, including how such
programs and activities supplemented programs funded primarily
with State or local funds;
``(2) a description of the progress made by English learners
in learning the English language and in meeting State academic
standards;
``(3) the number and percentage of English learners in the
programs and activities attaining English language proficiency
based on the State English language proficiency standards
established under section 1111(b)(1)(E) by the end of each
school year, as determined by the State's English language
proficiency assessment under section 1111(b)(2)(D);
``(4) the number of English learners who exit the language
instruction educational programs based on their attainment of
English language proficiency and transitioned to classrooms not
tailored for English learners;
``(5) a description of the progress made by English learners
in meeting the State academic standards for each of the 2 years
after such children are no longer receiving services under this
subpart;
``(6) the number and percentage of English learners who have
not attained English language proficiency within five years of
initial classification as an English learner and first
enrollment in the local educational agency; and
``(7) any such other information as the State educational
agency may require.
``(b) Use of Report.--A report provided by an eligible entity under
subsection (a) shall be used by the entity and the State educational
agency--
``(1) to determine the effectiveness of programs and
activities in assisting children who are English learners--
``(A) to attain English language proficiency; and
``(B) to make progress in meeting State academic
standards under section 1111(b)(1); and
``(2) upon determining the effectiveness of programs and
activities based on the criteria in paragraph (1), to decide
how to improve programs.
``SEC. 1202. ANNUAL REPORT.
``(a) States.--Based upon the reports provided to a State educational
agency under section 1201, each such agency that receives a grant under
this subpart shall prepare and submit annually to the Secretary a
report on programs and activities carried out by the State educational
agency under this subpart and the effectiveness of such programs and
activities in improving the education provided to English learners.
``(b) Secretary.--Annually, the Secretary shall prepare and submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a report--
``(1) on programs and activities carried out to serve English
learners under this subpart, and the effectiveness of such
programs and activities in improving the academic achievement
and English language proficiency of English learners;
``(2) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this subpart to teach English
learners;
``(3) containing a critical synthesis of data reported by
eligible entities to States under section 1201(a);
``(4) containing a description of technical assistance and
other assistance provided by State educational agencies under
section 1191(b)(2)(C);
``(5) containing an estimate of the number of effective
teachers working in language instruction educational programs
and educating English learners, and an estimate of the number
of such teachers that will be needed for the succeeding 5
fiscal years;
``(6) containing the number of programs or activities, if
any, that were terminated because the entities carrying out the
programs or activities were not able to reach program goals;
``(7) containing the number of English learners served by
eligible entities receiving funding under this subpart who were
transitioned out of language instruction educational programs
funded under this subpart into classrooms where instruction is
not tailored for English learners; and
``(8) containing other information gathered from other
reports submitted to the Secretary under this subpart when
applicable.
``SEC. 1203. COORDINATION WITH RELATED PROGRAMS.
``In order to maximize Federal efforts aimed at serving the
educational needs of English learners, the Secretary shall coordinate
and ensure close cooperation with other entities carrying out programs
serving language-minority and English learners that are administered by
the Department and other agencies.
``SEC. 1204. RULES OF CONSTRUCTION.
``Nothing in this subpart shall be construed--
``(1) to prohibit a local educational agency from serving
English learners simultaneously with children with similar
educational needs, in the same educational settings where
appropriate;
``(2) to require a State or a local educational agency to
establish, continue, or eliminate any particular type of
instructional program for English learners; or
``(3) to limit the preservation or use of Native American
languages.
``SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.
``Nothing in this subpart shall be construed to negate or supersede
State law, or the legal authority under State law of any State agency,
State entity, or State public official, over programs that are under
the jurisdiction of the State agency, entity, or official.
``SEC. 1206. CIVIL RIGHTS.
``Nothing in this subpart shall be construed in a manner inconsistent
with any Federal law guaranteeing a civil right.
``SEC. 1207. PROHIBITION.
``In carrying out this subpart, the Secretary shall neither mandate
nor preclude the use of a particular curricular or pedagogical approach
to educating English learners.
``SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Notwithstanding any other provision of this subpart, programs
authorized under this subpart that serve Native American (including
Native American Pacific Islander) children and children in the
Commonwealth of Puerto Rico may include programs of instruction,
teacher training, curriculum development, evaluation, and assessment
designed for Native American children learning and studying Native
American languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be increased
English proficiency among such children.
``CHAPTER C--NATIONAL ACTIVITIES
``SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
``The Secretary shall use funds made available under section
1191(c)(1)(B) to award grants on a competitive basis, for a period of
not more than 5 years, to institutions of higher education or public or
private organizations with relevant experience and capacity (in
consortia with State educational agencies or local educational
agencies) to provide for professional development activities that will
improve classroom instruction for English learners and assist
educational personnel working with such children to meet high
professional standards, including standards for certification and
licensure as teachers who work in language instruction educational
programs or serve English learners. Grants awarded under this
subsection may be used--
``(1) for preservice, evidence-based professional development
programs that will assist local schools and institutions of
higher education to upgrade the qualifications and skills of
educational personnel who are not certified or licensed,
especially educational paraprofessionals;
``(2) for the development of curricula or other instructional
strategies appropriate to the needs of the consortia
participants involved;
``(3) to support strategies that strengthen and increase
parent and community member engagement in the education of
English learners; and
``(4) to share and disseminate evidence-based practices in
the instruction of English learners and in increasing their
student achievement.
``CHAPTER D--GENERAL PROVISIONS
``SEC. 1221. DEFINITIONS.
``Except as otherwise provided, in this subpart:
``(1) Child.--The term `child' means any individual aged 3
through 21.
``(2) Community-based organization.--The term `community-
based organization' means a private nonprofit organization of
demonstrated effectiveness, Indian tribe, or tribally
sanctioned educational authority, that is representative of a
community or significant segments of a community and that
provides educational or related services to individuals in the
community. Such term includes a Native Hawaiian or Native
American Pacific Islander native language educational
organization.
``(3) Eligible entity.--The term `eligible entity' means--
``(A) one or more local educational agencies; or
``(B) one or more local educational agencies, in
consortia (or collaboration) with an institution of
higher education, community-based organization, or
State educational agency.
``(4) Immigrant children and youth.--The term `immigrant
children and youth' means individuals who--
``(A) are age 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending one or more schools in
any one or more States for more than 3 full academic
years.
``(5) Indian tribe.--The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or community,
including any Native village or Regional Corporation or Village
Corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act, that is recognized as eligible
for the special programs and services provided by the United
States to Indians because of their status as Indians.
``(6) Language instruction educational program.--The term
`language instruction educational program' means an instruction
course--
``(A) in which an English learner is placed for the
purpose of developing and attaining English language
proficiency, while meeting State academic standards, as
required by section 1111(b)(1); and
``(B) that may make instructional use of both English
and a child's native language to enable the child to
develop and attain English language proficiency, and
may include the participation of English language
proficient children if such course is designed to
enable all participating children to become proficient
in English and a second language.
``(7) Native american and native american language.--The
terms `Native American' and `Native American language' shall
have the meanings given such terms in section 103 of the Native
American Languages Act.
``(8) Native language.--The term `native language', when used
with reference to English learner, means--
``(A) the language normally used by such individual;
or
``(B) in the case of a child or youth, the language
normally used by the parents of the child or youth.
``(9) Paraprofessional.--The term `paraprofessional' means an
individual who is employed in a preschool, elementary school,
or secondary school under the supervision of a certified or
licensed teacher, including individuals employed in language
instruction educational programs, special education, and
migratory education.
``(10) State.--The term `State' means each of the 50 States,
the District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1222. NATIONAL CLEARINGHOUSE.
``The Secretary shall establish and support the operation of a
National Clearinghouse for English Language Acquisition and Language
Instruction Educational Programs, which shall collect, analyze,
synthesize, and disseminate information about language instruction
educational programs for English learners, and related programs. The
National Clearinghouse shall--
``(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses system
supported by the Institute of Education Sciences;
``(2) coordinate activities with Federal data and information
clearinghouses and entities operating Federal dissemination
networks and systems;
``(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs; and
``(4) collect and disseminate information on--
``(A) educational research and processes related to
the education of English learners; and
``(B) accountability systems that monitor the
academic progress of English learners in language
instruction educational programs, including information
on academic content and English language proficiency
assessments for language instruction educational
programs; and
``(5) publish, on an annual basis, a list of grant recipients
under this subpart.
``SEC. 1223. REGULATIONS.
``In developing regulations under this subpart, the Secretary shall
consult with State educational agencies and local educational agencies,
organizations representing English learners, and organizations
representing teachers and other personnel involved in the education of
English learners.
``Subpart 5--Rural Education Achievement Program
``SEC. 1230. PURPOSE.
``It is the purpose of this subpart to address the unique needs of
rural school districts that frequently--
``(1) lack the personnel and resources needed to compete
effectively for Federal competitive grants; and
``(2) receive formula grant allocations in amounts too small
to be effective in meeting their intended purposes.
``CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
``SEC. 1231. GRANT PROGRAM AUTHORIZED.
``(a) In General.--From amounts appropriated under section 3(a)(1)
for a fiscal year, the Secretary shall reserve .55 of one percent to
award grants to eligible local educational agencies to enable the local
educational agencies to carry out activities authorized under any of
the following provisions:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Allocation.--
``(1) In general.--Except as provided in paragraph (3), the
Secretary shall award a grant under subsection (a) to a local
educational agency eligible under subsection (d) for a fiscal
year in an amount equal to the initial amount determined under
paragraph (2) for the fiscal year minus the total amount
received by the agency in subpart 2 of part A of title II for
the preceding fiscal year.
``(2) Determination of initial amount.--The initial amount
referred to in paragraph (1) is equal to $100 multiplied by the
total number of students in excess of 50 students, in average
daily attendance at the schools served by the local educational
agency, plus $20,000, except that the initial amount may not
exceed $60,000.
``(3) Ratable adjustment.--
``(A) In general.--If the amount made available to
carry out this section for any fiscal year is not
sufficient to pay in full the amounts that local
educational agencies are eligible to receive under
paragraph (1) for such year, the Secretary shall
ratably reduce such amounts for such year.
``(B) Additional amounts.--If additional funds become
available for making payments under paragraph (1) for
such fiscal year, payments that were reduced under
subparagraph (A) shall be increased on the same basis
as such payments were reduced.
``(c) Disbursement.--The Secretary shall disburse the funds awarded
to a local educational agency under this section for a fiscal year not
later than July 1 of that fiscal year.
``(d) Eligibility.--
``(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance with
subsection (a) if--
``(A)(i)(I) the total number of students in average
daily attendance at all of the schools served by the
local educational agency is fewer than 600; or
``(II) each county in which a school served by the
local educational agency is located has a total
population density of fewer than 10 persons per square
mile; and
``(ii) all of the schools served by the local
educational agency are designated with a school locale
code of 41, 42, or 43, as determined by the Secretary;
or
``(B) the agency meets the criteria established in
subparagraph (A)(i) and the Secretary, in accordance
with paragraph (2), grants the local educational
agency's request to waive the criteria described in
subparagraph (A)(ii).
``(2) Certification.--The Secretary shall determine whether
to waive the criteria described in paragraph (1)(A)(ii) based
on a demonstration by the local educational agency, and
concurrence by the State educational agency, that the local
educational agency is located in an area defined as rural by a
governmental agency of the State.
``(3) Hold harmless.--For a local educational agency that is
not eligible under this chapter but met the eligibility
requirements under this subsection as it was in effect prior to
the date of the enactment of the Student Success Act, the
agency shall receive--
``(A) for fiscal year 2013, 75 percent of the amount
such agency received for fiscal year 2012;
``(B) for fiscal year 2014, 50 percent of the amount
such agency received for fiscal year 2012; and
``(C) for fiscal year 2015, 25 percent of the amount
such agency received for fiscal year 2012.
``(e) Special Eligibility Rule.--A local educational agency that
receives a grant under this chapter for a fiscal year is not eligible
to receive funds for such fiscal year under chapter B.
``CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM
``SEC. 1235. PROGRAM AUTHORIZED.
``(a) Grants to States.--
``(1) In general.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve .55 of
one percent to for this chapter for a fiscal year that are not
reserved under subsection (c) to award grants (from allotments
made under paragraph (2)) for the fiscal year to State
educational agencies that have applications submitted under
section 1237 approved to enable the State educational agencies
to award grants to eligible local educational agencies for
local authorized activities described in section 1236(a).
``(2) Allotment.--From amounts described in paragraph (1) for
a fiscal year, the Secretary shall allot to each State
educational agency for that fiscal year an amount that bears
the same ratio to those amounts as the number of students in
average daily attendance served by eligible local educational
agencies in the State for that fiscal year bears to the number
of all such students served by eligible local educational
agencies in all States for that fiscal year.
``(3) Specially qualified agencies.--
``(A) Eligibility and application.--If a State
educational agency elects not to participate in the
program under this subpart or does not have an
application submitted under section 1237 approved, a
specially qualified agency in such State desiring a
grant under this subpart may submit an application
under such section directly to the Secretary to receive
an award under this subpart.
``(B) Direct awards.--The Secretary may award, on a
competitive basis or by formula, the amount the State
educational agency is eligible to receive under
paragraph (2) directly to a specially qualified agency
in the State that has submitted an application in
accordance with subparagraph (A) and obtained approval
of the application.
``(C) Specially qualified agency defined.--In this
subpart, the term `specially qualified agency' means an
eligible local educational agency served by a State
educational agency that does not participate in a
program under this subpart in a fiscal year, that may
apply directly to the Secretary for a grant in such
year under this subsection.
``(b) Local Awards.--
``(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
``(A) 20 percent or more of the children ages 5
through 17 years served by the local educational agency
are from families with incomes below the poverty line;
and
``(B) all of the schools served by the agency are
designated with a school locale code of 32, 33, 41, 42,
43, as determined by the Secretary.
``(2) Award basis.--A State educational agency shall award
grants to eligible local educational agencies--
``(A) on a competitive basis;
``(B) according to a formula based on the number of
students in average daily attendance served by the
eligible local educational agencies or schools in the
State; or
``(C) according to an alternative formula, if, prior
to awarding the grants, the State educational agency
demonstrates, to the satisfaction of the Secretary,
that the alternative formula enables the State
educational agency to allot the grant funds in a manner
that serves equal or greater concentrations of children
from families with incomes below the poverty line,
relative to the concentrations that would be served if
the State educational agency used the formula described
in subparagraph (B).
``(c) Reservations.--From amounts reserved under section 1235(a)(1)
for this chapter for a fiscal year, the Secretary shall reserve--
``(1) one-half of 1 percent to make awards to elementary
schools or secondary schools operated or supported by the
Bureau of Indian Education, to carry out the activities
authorized under this chapter; and
``(2) one-half of 1 percent to make awards to the outlying
areas in accordance with their respective needs, to carry out
the activities authorized under this chapter.
``SEC. 1236. USES OF FUNDS.
``(a) Local Awards.--Grant funds awarded to local educational
agencies under this chapter shall be used for activities authorized
under any of the following:
``(1) Part A of title I.
``(2) Title II.
``(3) Title III.
``(b) Administrative Costs.--A State educational agency receiving a
grant under this chapter may not use more than 5 percent of the amount
of the grant for State administrative costs and to provide technical
assistance to eligible local educational agencies.
``SEC. 1237. APPLICATIONS.
``(a) In General.--Each State educational agency or specially
qualified agency desiring to receive a grant under this chapter shall
submit an application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Contents.--Each application submitted under subsection (a)
shall include--
``(1) a description of how the State educational agency or
specially qualified agency will ensure eligible local
educational agencies receiving a grant under this chapter will
use such funds to help students meet the State academic
standards under section 1111(b)(1);
``(2) if the State educational agency or specially qualified
agency will competitively award grants to eligible local
educational agencies, as described in section 1235(b)(2)(A),
the application under the section shall include--
``(A) the methods and criteria the State educational
agency or specially qualified agency will use for
reviewing applications and awards funds to local
educational agencies on a competitive basis; and
``(B) how the State educational agency or specially
qualified agency will notify eligible local educational
agencies of the grant competition; and
``(3) a description of how the State educational agency or
specially qualified agency will provide technical assistance to
eligible local educational agencies to help such agencies
implement the activities described in section 1236(a).
``SEC. 1238. ACCOUNTABILITY.
``(a) State Report.--Each State educational agency or specially
qualified agency that receives a grant under this chapter shall prepare
and submit an annual report to the Secretary. The report shall
describe--
``(1) the methods and criteria the State educational agency
or specially qualified agency used to award grants to eligible
local educational agencies, and to provide assistance to
schools, under this chapter;
``(2) how local educational agencies and schools used funds
provided under this chapter; and
``(3) the degree to which progress has been made toward
having all students meet the State academic standards under
section 1111(b)(1).
``(b) Report to Congress.--The Secretary shall prepare and submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor, and
Pensions of the Senate a biennial report. The report shall describe--
``(1) how State local educational agencies, local educational
agencies, and schools used funds provided under this chapter;
and
``(2) the degree to which progress has been made toward
having all students meet the State academic standards under
section 1111(b)(1).
``SEC. 1239. CHOICE OF PARTICIPATION.
``(a) In General.--If a local educational agency is eligible for
funding under chapters A and B of this subpart, such local educational
agency may receive funds under either chapter A or chapter B for a
fiscal year, but may not receive funds under both chapters.
``(b) Notification.--A local educational agency eligible for both
chapters A and B of this subpart shall notify the Secretary and the
State educational agency under which of such chapters such local
educational agency intends to receive funds for a fiscal year by a date
that is established by the Secretary for the notification.
``CHAPTER C--GENERAL PROVISIONS
``SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
``(a) Census Determination.--Each local educational agency desiring a
grant under section 1231 and each local educational agency or specially
qualified agency desiring a grant under chapter B shall--
``(1) not later than December 1 of each year, conduct a
census to determine the number of students in average daily
attendance in kindergarten through grade 12 at the schools
served by the agency; and
``(2) not later than March 1 of each year, submit the number
described in paragraph (1) to the Secretary (and to the State
educational agency, in the case of a local educational agency
seeking a grant under subpart 2).
``(b) Penalty.--If the Secretary determines that a local educational
agency or specially qualified agency has knowingly submitted false
information under subsection (a) for the purpose of gaining additional
funds under section 1231 or chapter B, then the agency shall be fined
an amount equal to twice the difference between the amount the agency
received under this section and the correct amount the agency would
have received under section 1231 or chapter B if the agency had
submitted accurate information under subsection (a).
``SEC. 1242. SUPPLEMENT, NOT SUPPLANT.
``Funds made available under chapter A or chapter B shall be used to
supplement, and not supplant, any other Federal, State, or local
education funds.
``SEC. 1243. RULE OF CONSTRUCTION.
``Nothing in this subpart shall be construed to prohibit a local
educational agency that enters into cooperative arrangements with other
local educational agencies for the provision of special, compensatory,
or other education services, pursuant to State law or a written
agreement, from entering into similar arrangements for the use, or the
coordination of the use, of the funds made available under this
subpart.
``Subpart 6--Indian Education
``SEC. 1251. STATEMENT OF POLICY.
``It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities toward the goal of ensuring that
programs that serve Indian children are of the highest quality and
provide for not only the basic elementary and secondary educational
needs, but also the unique educational and culturally related academic
needs of these children.
``SEC. 1252. PURPOSE.
``It is the purpose of this subpart to support the efforts of local
educational agencies, Indian tribes and organizations, postsecondary
institutions, and other entities--
``(1) to meet the unique educational and culturally related
academic needs of American Indian and Alaska Native students,
so that such students can meet the State academic standards
that all students are expected to meet; and
``(2) to ensure that school leaders, teachers, and other
staff who serve Indian and Alaska Native students have the
ability and training to provide appropriate instruction to meet
the unique academic needs of such students.
``CHAPTER A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 1261. PURPOSE.
``It is the purpose of this chapter to support local educational
agencies in their efforts to reform elementary school and secondary
school programs that serve Indian students in order to ensure that such
programs are designed to--
``(1) meet the unique educational needs of such students; and
``(2) ensure that such students have the opportunity to meet
the State academic standards.
``SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
``(a) In General.--From amounts appropriated under section 3(a)(1),
the Secretary shall reserve .6 of one percent to local educational
agencies and Indian tribes in accordance with this section and section
1263.
``(b) Local Educational Agencies.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this chapter for any fiscal
year if the number of Indian children eligible under section
1267 who were enrolled in the schools of the agency, and to
whom the agency provided free public education, during the
preceding fiscal year--
``(A) was at least 10; or
``(B) constituted not less than 25 percent of the
total number of individuals enrolled in the schools of
such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall not
apply in Alaska, California, or Oklahoma, or with respect to
any local educational agency located on, or in proximity to, an
Indian reservation.
``(c) Indian Tribes.--
``(1) In general.--If a local educational agency that is
otherwise eligible for a grant under this chapter does not
establish a committee under section 1264(c)(4) for such grant,
an Indian tribe or a consortium of such entities that
represents not less than \1/3\ of the eligible Indian children
who are served by such local educational agency may apply for
such grant.
``(2) Special rule.--The Secretary shall treat each Indian
tribe or consortium of such entities applying for a grant
pursuant to paragraph (1) as if such Indian tribe were a local
educational agency for purposes of this chapter, except that
any such tribe is not subject to section 1264(c)(4) or section
1269.
``(3) Eligibility.--If more than 1 Indian tribe qualifies to
apply for a grant under paragraph (1), the entity that
represents the most eligible Indian children who are served by
the local educational agency shall be eligible to receive the
grant or the tribes may choose to apply in consortium.
``SEC. 1263. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency that has an approved application under this
chapter an amount equal to the product of--
``(A) the number of Indian children who are eligible
under section 1267 and served by such agency; and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which such agency is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Reduction.--The Secretary shall reduce the amount of
each allocation otherwise determined under this section in
accordance with subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e), an entity
that is eligible for a grant under section 1262, and a school
that is operated or supported by the Bureau of Indian Education
that is eligible for a grant under subsection (d), that submits
an application that is approved by the Secretary, shall,
subject to appropriations, receive a grant under this chapter
in an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium with other local educational agencies or Indian
tribes for the purpose of obtaining grants under this chapter.
``(3) Increase.--The Secretary may increase the minimum grant
under paragraph (1) to not more than $4,000 for all grantees if
the Secretary determines such an increase is necessary to
ensure the quality of the programs provided.
``(c) Definition.--For the purpose of this section, the term `average
per pupil expenditure', used with respect to a State, means an amount
equal to--
``(1) the sum of the aggregate current expenditures of all
the local educational agencies in the State, plus any direct
current expenditures by the State for the operation of such
agencies, without regard to the sources of funds from which
such local or State expenditures were made, during the second
fiscal year preceding the fiscal year for which the computation
is made; divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Education.--
``(1) In general.--Subject to subsection (e), in addition to
the grants awarded under subsection (a), the Secretary shall
allocate to the Secretary of the Interior an amount equal to
the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Education; or
``(ii) an Indian tribe, or an organization
controlled or sanctioned by an Indian tribal
government, for the children of that tribe
under a contract with, or grant from, the
Department of the Interior under the Indian
Self-Determination Act or the Tribally
Controlled Schools Act of 1988; and
``(B) the greater of--
``(i) the average per pupil expenditure of
the State in which the school is located; or
``(ii) 80 percent of the average per pupil
expenditure of all the States.
``(2) Special rule.--Any school described in paragraph (1)(A)
that wishes to receive an allocation under this chapter shall
submit an application in accordance with section 1264, and
shall otherwise be treated as a local educational agency for
the purpose of this chapter, except that such school shall not
be subject to section 1264(c)(4) or section 1269.
``(e) Ratable Reductions.--If the sums reserved for any fiscal year
under section 1262(a) are insufficient to pay in full the amounts
determined for local educational agencies under subsection (a)(1) and
for the Secretary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
``SEC. 1264. APPLICATIONS.
``(a) Application Required.--Each local educational agency that
desires to receive a grant under this chapter shall submit an
application to the Secretary at such time and in such manner as the
Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each application submitted
under subsection (a) shall include a description of a comprehensive
program for meeting the needs of Indian children served by the local
educational agency, including the language and cultural needs of the
children, that--
``(1) describes how the comprehensive program will offer
programs and activities to meet the culturally related academic
needs of American Indian and Alaska Native students;
``(2)(A) is aligned with and supports the State and local
plans submitted under other provisions of this Act; and
``(B) includes academic standards for such children that are
based on the State academic standards adopted under subpart 1
for all children;
``(3) explains how the local educational agency will use the
funds made available under this chapter to supplement other
Federal, State, and local programs, especially programs carried
out under subpart 1, to meet the needs of such students;
``(4) demonstrates how funds made available under this
chapter will be used for activities described in section 1265;
``(5) describes the professional development opportunities
that will be provided, as needed, to ensure that--
``(A) teachers, school leaders, and other school
professionals who are new to the Indian community are
prepared to work with Indian children; and
``(B) all teachers who will be involved in programs
assisted under this chapter have been properly trained
to carry out such programs; and
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all
Indian children enrolled in the schools of the local
educational agency, including Indian children who do
not participate in programs assisted under this
chapter, in meeting the standards described in
paragraph (2);
``(B) will provide the results of each assessment
referred to in subparagraph (A) to--
``(i) the committee described in subsection
(c)(4); and
``(ii) the community, including Indian
tribes, whose children are served by the local
educational agency; and
``(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A); and
``(7) describes the processes the local educational agency
used to collaborate with Indian tribes in the community in the
development of the comprehensive programs.
``(c) Assurances.--Each application submitted under subsection (a)
shall include assurances that--
``(1) the local educational agency will use funds received
under this chapter only to supplement the funds that, in the
absence of the Federal funds made available under this chapter,
such agency would make available for the education of Indian
children, and not to supplant such funds;
``(2) the local educational agency will prepare and submit to
the Secretary such reports in such form as the Secretary may
require to--
``(A) carry out the functions of the Secretary under
this chapter; and
``(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this chapter are effective in
improving the educational achievement of Indian
students served by such agency;
``(3) the program for which assistance is sought--
``(A) is based on a comprehensive local assessment
and prioritization of the unique educational and
culturally related academic needs of the American
Indian and Alaska Native students for whom the local
educational agency is providing an education;
``(B) will use the best available talents and
resources, including individuals from the Indian
community; and
``(C) was developed by such agency in open
consultation with parents of Indian children and
teachers, and, if appropriate, Indian students from
secondary schools, including through public hearings
held by such agency to provide to the individuals
described in this subparagraph a full opportunity to
understand the program and to offer recommendations
regarding the program; and
``(4) the local educational agency developed the program with
the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) parents of Indian children in the local
educational agency's schools;
``(ii) teachers in the schools; and
``(iii) if appropriate, Indian students
attending secondary schools of the agency;
``(B) a majority of whose members are parents of
Indian children;
``(C) that has set forth such policies and
procedures, including policies and procedures relating
to the hiring of personnel, as will ensure that the
program for which assistance is sought will be operated
and evaluated in consultation with, and with the
involvement of, parents of the children, and
representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 1265(c),
that has--
``(i) reviewed in a timely fashion the
program; and
``(ii) determined that the program will not
diminish the availability of culturally related
activities for American Indian and Alaska
Native students; and
``(E) that has adopted reasonable bylaws for the
conduct of the activities of the committee and abides
by such bylaws.
``SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency that
receives a grant under this chapter shall use the grant funds, in a
manner consistent with the purpose specified in section 1261, for
services and activities that--
``(1) are designed to carry out the comprehensive program of
the local educational agency for Indian students, and described
in the application of the local educational agency submitted to
the Secretary under section 1264(a);
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of
such agency.
``(b) Particular Activities.--The services and activities referred to
in subsection (a) may include--
``(1) culturally related activities that support the program
described in the application submitted by the local educational
agency;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem solving and
cognitive skills development and directly support the
attainment of State academic standards;
``(4) integrated educational services in combination with
other programs that meet the needs of Indian children and their
families;
``(5) programs that help engage parents and tribes to meet
the unique educational needs of Indian children;
``(6) career preparation activities to enable Indian students
to participate in programs such as the programs supported by
the Carl D. Perkins Career and Technical Education Act of 2006;
``(7) activities to educate individuals concerning the
prevention of substance abuse, violence, and suicide;
``(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve the
purpose described in section 1261;
``(9) activities that promote the incorporation of culturally
responsive teaching and learning strategies into the
educational program of the local educational agency;
``(10) activities that incorporate American Indian and Alaska
Native specific curriculum content, consistent with State
academic standards into the curriculum used by the local
educational agency;
``(11) family literacy services; and
``(12) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and seniors.
``(c) Schoolwide Programs.--Notwithstanding any other provision of
law, a local educational agency may use funds made available to such
agency under this chapter to support a schoolwide program under section
1114 if--
``(1) the committee established pursuant to section
1264(c)(4) approves the use of the funds for the schoolwide
program; and
``(2) the schoolwide program is consistent with the purpose
described in section 1261.
``(d) Limitation on Administrative Costs.--Not more than 5 percent of
the funds provided to a grantee under this chapter for any fiscal year
may be used for administrative purposes.
``(e) Limitation on Use of Funds.--Funds provided to a grantee under
this chapter may not be used for long-distance travel expenses for
training activities available locally or regionally.
``SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED.
``(a) Plan.--An entity receiving funds under this chapter may submit
a plan to the Secretary for the integration of education and related
services provided to Indian students.
``(b) Consolidation of Programs.--Upon the receipt of an acceptable
plan under subsection (a), the Secretary, in cooperation with each
Federal agency providing grants for the provision of education and
related services to the entity, shall authorize the entity to
consolidate, in accordance with such plan, the federally funded
education and related services programs of the entity and the Federal
programs, or portions of the programs, serving Indian students in a
manner that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative costs by
consolidating administrative functions.
``(c) Programs Affected.--The funds that may be consolidated in a
demonstration project under any such plan referred to in subsection (a)
shall include funds for any Federal program exclusively serving Indian
children, or the funds reserved under any Federal program to
exclusively serve Indian children, under which the entity is eligible
for receipt of funds under a statutory or administrative formula for
the purposes of providing education and related services that would be
used to serve Indian students.
``(d) Plan Requirements.--For a plan to be acceptable pursuant to
subsection (b), the plan shall--
``(1) identify the programs or funding sources to be
consolidated;
``(2) be consistent with the objectives of this section
concerning authorizing the services to be integrated in a
demonstration project;
``(3) describe a comprehensive strategy that identifies the
full range of potential educational opportunities and related
services to be provided to assist Indian students to achieve
the objectives set forth in this chapter;
``(4) describe the way in which services are to be integrated
and delivered and the results expected from the plan;
``(5) identify the projected expenditures under the plan in a
single budget;
``(6) identify the State, tribal, or local agency or agencies
to be involved in the delivery of the services integrated under
the plan;
``(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need to be
waived in order to implement the plan;
``(8) set forth measures for student academic achievement
consistent with State academic standards under section
1111(b)(1); and
``(9) be approved by a committee formed in accordance with
section 1264(c)(4), if such a committee exists.
``(e) Plan Review.--Upon receipt of the plan from an eligible entity,
the Secretary shall consult with the Secretary of each Federal
department providing funds to be used to implement the plan, and with
the entity submitting the plan. The parties so consulting shall
identify any waivers of statutory requirements or of Federal
departmental regulations, policies, or procedures necessary to enable
the entity to implement the plan. Notwithstanding any other provision
of law, the Secretary of the affected department shall have the
authority to waive any regulation, policy, or procedure promulgated by
that department that has been so identified by the entity or
department, unless the Secretary of the affected department determines
that such a waiver is inconsistent with the objectives of this chapter
or those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian students.
``(f) Plan Approval.--Within 90 days after the receipt of an entity's
plan by the Secretary, the Secretary shall inform the entity, in
writing, of the Secretary's approval or disapproval of the plan. If the
plan is disapproved, the entity shall be informed, in writing, of the
reasons for the disapproval and shall be given an opportunity to amend
the plan or to petition the Secretary to reconsider such disapproval.
``(g) Responsibilities of Department of Education.--The Secretary of
Education, the Secretary of the Interior, and the head of any other
Federal department or agency identified by the Secretary of Education,
shall enter into an interdepartmental memorandum of agreement providing
for the implementation and coordination of the demonstration projects
authorized under this section. The lead agency head for a demonstration
project under this section shall be--
``(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``(h) Responsibilities of Lead Agency.--The responsibilities of the
lead agency shall include--
``(1) the use of a single report format related to the plan
for the individual project, which shall be used by an eligible
entity to report on the activities undertaken under the
project;
``(2) the use of a single report format related to the
projected expenditures for the individual project which shall
be used by an eligible entity to report on all project
expenditures;
``(3) the development of a single system of Federal oversight
for the project, which shall be implemented by the lead agency;
and
``(4) the provision of technical assistance to an eligible
entity appropriate to the project, except that an eligible
entity shall have the authority to accept or reject the plan
for providing such technical assistance and the technical
assistance provider.
``(i) Report Requirements.--A single report format shall be developed
by the Secretary, consistent with the requirements of this section.
Such report format shall require that reports described in subsection
(h), together with records maintained on the consolidated program at
the local level, shall contain such information as will allow a
determination that the eligible entity has complied with the
requirements incorporated in its approved plan, including making a
demonstration of student academic achievement, and will provide
assurances to each Secretary that the eligible entity has complied with
all directly applicable statutory requirements and with those directly
applicable regulatory requirements that have not been waived.
``(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment of this
section.
``(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide for an
interagency transfer of funds otherwise available to an eligible entity
in order to further the objectives of this section.
``(l) Administration of Funds.--
``(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to allow for
a determination that funds from a specific program are spent on
allowable activities authorized under such program, except that
the eligible entity shall determine the proportion of the funds
granted that shall be allocated to such program.
``(2) Separate records not required.--Nothing in this section
shall be construed as requiring the eligible entity to maintain
separate records tracing any services or activities conducted
under the approved plan to the individual programs under which
funds were authorized for the services or activities, nor shall
the eligible entity be required to allocate expenditures among
such individual programs.
``(m) Overage.--The eligible entity may commingle all administrative
funds from the consolidated programs and shall be entitled to the full
amount of such funds (under each program's or agency's regulations).
The overage (defined as the difference between the amount of the
commingled funds and the actual administrative cost of the programs)
shall be considered to be properly spent for Federal audit purposes, if
the overage is used for the purposes provided for under this section.
``(n) Fiscal Accountability.--Nothing in this part shall be construed
so as to interfere with the ability of the Secretary or the lead agency
to fulfill the responsibilities for the safeguarding of Federal funds
pursuant to chapter 75 of title 31, United States Code.
``(o) Report on Statutory Obstacles to Program Integration.--
``(1) In general.--The Secretary of Education shall annually
submit a report to the Committee on Health, Education, Labor,
and Pensions and the Committee on Indian Affairs of the Senate,
and the Committee on Education and the Workforce and the
Committee on Natural Resources of the House of Representatives
on the status of the implementation of the demonstration
projects authorized under this section.
``(2) Contents.--Such report shall identify--
``(A) statutory barriers to the ability of
participants to more effectively integrate their
education and related services to Indian students in a
manner consistent with the objectives of this section;
and
``(B) the effective practices for program integration
that result in increased student achievement and other
relevant outcomes for Indian students.
``(p) Definitions.--For the purposes of this section, the term
`Secretary' means--
``(1) the Secretary of the Interior, in the case of an entity
meeting the definition of a contract or grant school under
title XI of the Education Amendments of 1978; or
``(2) the Secretary of Education, in the case of any other
entity.
``SEC. 1267. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as part of an
application for a grant under this chapter, each applicant shall
maintain a file, with respect to each Indian child for whom the local
educational agency provides a free public education, that contains a
form that sets forth information establishing the status of the child
as an Indian child eligible for assistance under this chapter, and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--The form described in subsection (a) shall include--
``(1) either--
``(A)(i) the name of the tribe or band of Indians (as
defined in section 1291) with respect to which the
child claims membership;
``(ii) the enrollment number establishing the
membership of the child (if readily available); and
``(iii) the name and address of the organization that
maintains updated and accurate membership data for such
tribe or band of Indians; or
``(B) the name, the enrollment number (if readily
available), and the name and address of the
organization responsible for maintaining updated and
accurate membership data, of any parent or grandparent
of the child from whom the child claims eligibility
under this chapter, if the child is not a member of the
tribe or band of Indians (as so defined);
``(2) a statement of whether the tribe or band of Indians (as
so defined), with respect to which the child, or parent or
grandparent of the child, claims membership, is federally
recognized;
``(3) the name and address of the parent or legal guardian of
the child; and
``(4) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied.
``(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 1291.
``(d) Forms and Standards of Proof.--The forms and the standards of
proof (including the standard of good faith compliance) that were in
use during the 1985-1986 academic year to establish the eligibility of
a child for entitlement under the Indian Elementary and Secondary
School Assistance Act shall be the forms and standards of proof used--
``(1) to establish eligibility under this chapter; and
``(2) to meet the requirements of subsection (a).
``(e) Documentation.--For purposes of determining whether a child is
eligible to be counted for the purpose of computing the amount of a
grant award under section 1263, the membership of the child, or any
parent or grandparent of the child, in a tribe or band of Indians (as
so defined) may be established by proof other than an enrollment
number, notwithstanding the availability of an enrollment number for a
member of such tribe or band. Nothing in subsection (b) shall be
construed to require the furnishing of an enrollment number.
``(f) Monitoring and Evaluation Review.--
``(1) In general.--
``(A) Review.--For each fiscal year, in order to
provide such information as is necessary to carry out
the responsibility of the Secretary to provide
technical assistance under this chapter, the Secretary
shall conduct a monitoring and evaluation review of a
sampling of the recipients of grants under this
chapter. The sampling conducted under this subparagraph
shall take into account the size of and the geographic
location of each local educational agency.
``(B) Exception.--A local educational agency may not
be held liable to the United States or be subject to
any penalty, by reason of the findings of an audit that
relates to the date of completion, or the date of
submission, of any forms used to establish, before
April 28, 1988, the eligibility of a child for an
entitlement under the Indian Elementary and Secondary
School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant under
this chapter shall--
``(A) be ineligible to apply for any other grant
under this chapter; and
``(B) be liable to the United States for any funds
from the grant that have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (a) shall
not be counted for the purpose of computing the amount of a
grant under section 1263.
``(g) Tribal Grant and Contract Schools.--Notwithstanding any other
provision of this section, in calculating the amount of a grant under
this chapter to a tribal school that receives a grant or contract from
the Bureau of Indian Education, the Secretary shall use only one of the
following, as selected by the school:
``(1) A count of the number of students in the schools
certified by the Bureau.
``(2) A count of the number of students for whom the school
has eligibility forms that comply with this section.
``(h) Timing of Child Counts.--For purposes of determining the number
of children to be counted in calculating the amount of a local
educational agency's grant under this chapter (other than in the case
described in subsection (g)(1)), the local educational agency shall--
``(1) establish a date on, or a period not longer than 31
consecutive days during, which the agency counts those
children, if that date or period occurs before the deadline
established by the Secretary for submitting an application
under section 1264; and
``(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the agency on
that date or during that period, as the case may be.
``SEC. 1268. PAYMENTS.
``(a) In General.--Subject to subsections (b) and (c), the Secretary
shall pay to each local educational agency that submits an application
that is approved by the Secretary under this chapter the amount
determined under section 1263. The Secretary shall notify the local
educational agency of the amount of the payment not later than June 1
of the year for which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The Secretary may
not make a grant under this chapter to a local educational agency for a
fiscal year if, for such fiscal year, the State in which the local
educational agency is located takes into consideration payments made
under this chapter in determining the eligibility of the local
educational agency for State aid, or the amount of the State aid, with
respect to the free public education of children during such fiscal
year or the preceding fiscal year.
``(c) Reallocations.--The Secretary may reallocate, in a manner that
the Secretary determines will best carry out the purpose of this
chapter, any amounts that--
``(1) based on estimates made by local educational agencies
or other information, the Secretary determines will not be
needed by such agencies to carry out approved programs under
this chapter; or
``(2) otherwise become available for reallocation under this
chapter.
``SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW.
``Before submitting an application to the Secretary under section
1264, a local educational agency shall submit the application to the
State educational agency, which may comment on such application. If the
State educational agency comments on the application, the agency shall
comment on all applications submitted by local educational agencies in
the State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
``CHAPTER B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve educational
opportunities and achievement of Indian children.
``(2) Coordination.--The Secretary shall take the necessary
actions to achieve the coordination of activities assisted
under this chapter with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the benefit
of American Indian and Alaska Native children.
``(b) Eligible Entities.--In this section, the term `eligible entity'
means a State educational agency, local educational agency, Indian
tribe, Indian organization, federally supported elementary school or
secondary school for Indian students, Indian institution (including an
Indian institution of higher education), or a consortium of such
entities.
``(c) Grants Authorized.--
``(1) In general.--From amounts appropriated under section
3(a)(1), the Secretary shall reserve 0.2 of one percent to
award grants to eligible entities to enable such entities to
carry out activities under this section and section 1272.
``(2) Uses of funds.--An eligible entity that receives a
grant under this section shall use the funds for one or more
activities, including--
``(A) innovative programs related to the educational
needs of educationally disadvantaged children;
``(B) educational services that are not available to
such children in sufficient quantity or quality,
including remedial instruction, to raise the
achievement of Indian children in one or more of the
core academic subjects of English, mathematics,
science, foreign languages, art, history, and
geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and
other related activities, that address the special
health, social, and psychological problems of Indian
children;
``(E) special compensatory and other programs and
projects designed to assist and encourage Indian
children to enter, remain in, or reenter school, and to
increase the rate of high school graduation for Indian
children;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) early childhood and kindergarten programs,
including family-based preschool programs that
emphasize school readiness and parental skills, and the
provision of services to Indian children with
disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that
allow secondary school students to enroll in courses at
the postsecondary level to aid such students in the
transition from secondary to postsecondary education;
``(I) partnership projects between schools and local
businesses for career preparation programs designed to
provide Indian youth with the knowledge and skills such
youth need to make an effective transition from school
to a high-skill, high-wage career;
``(J) programs designed to encourage and assist
Indian students to work toward, and gain entrance into,
an institution of higher education;
``(K) family literacy services;
``(L) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors; or
``(M) other services that meet the purpose described
in this section.
``(3) Professional development.--Evidence based professional
development of teaching professionals and paraprofessionals may
be a part of any program assisted under this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--
``(A) In general.--The Secretary may make multiyear
grants under subsection (c) for the planning,
development, pilot operation, or demonstration of any
activity described in subsection (c) for a period not
to exceed 5 years.
``(B) Priority.--In making multiyear grants described
in this paragraph, the Secretary shall give priority to
entities submitting applications that present a plan
for combining two or more of the activities described
in subsection (c) over a period of more than 1 year.
``(C) Progress.--The Secretary shall make a grant
payment for a grant described in this paragraph to an
eligible entity after the initial year of the multiyear
grant only if the Secretary determines that the
eligible entity has made substantial progress in
carrying out the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications to such
application.
``(2) Dissemination grants.--
``(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1), the
Secretary may award grants under subsection (c) to
eligible entities for the dissemination of exemplary
materials or programs assisted under this section.
``(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph if,
prior to awarding the grant, the Secretary determines
that the material or program to be disseminated--
``(i) has been adequately reviewed;
``(ii) has demonstrated educational merit;
and
``(iii) can be replicated.
``(3) Application.--
``(A) In general.--Any eligible entity that desires
to receive a grant under this section shall submit an
application to the Secretary at such time and in such
manner as the Secretary may reasonably require.
``(B) Contents.--Each application submitted to the
Secretary under subparagraph (A), other than an
application for a dissemination grant under paragraph
(2), shall contain--
``(i) a description of how parents of Indian
children and representatives of Indian tribes
have been, and will be, involved in developing
and implementing the activities for which
assistance is sought;
``(ii) assurances that the applicant will
participate, at the request of the Secretary,
in any national evaluation of activities
assisted under this section;
``(iii) information demonstrating that the
proposed program for the activities is an
evidence-based program, which may include a
program that has been modified to be culturally
appropriate for students who will be served;
and
``(iv) a description of how the applicant
will incorporate the proposed activities into
the ongoing school program involved once the
grant period is over.
``(e) Administrative Costs.--Not more than 5 percent of the funds
provided to a grantee under this chapter for any fiscal year may be
used for administrative purposes.
``SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian teachers,
school leaders, or other education professionals serving Indian
students, including through recruitment strategies;
``(2) to provide training to qualified Indian individuals to
enable such individuals to become effective teachers, school
leaders, administrators, teacher aides, social workers, and
ancillary educational personnel; and
``(3) to improve the skills of qualified Indian individuals
who serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means--
``(1) an institution of higher education, including an Indian
institution of higher education;
``(2) a State educational agency or local educational agency,
in consortium with an institution of higher education;
``(3) an Indian tribe or organization, in consortium with an
institution of higher education; and
``(4) a Bureau-funded school (as defined in section 1146 of
the Education Amendments of 1978).
``(c) Program Authorized.--The Secretary is authorized to award
grants from funds reserved under section 1271(c)(1) to eligible
entities having applications approved under this section to enable
those entities to carry out the activities described in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be
used for activities to provide support and training for Indian
individuals in a manner consistent with the purposes of this
section.
``(2) Special rules.--
``(A) Type of training.--For education personnel, the
training received pursuant to a grant under this
section may be inservice or preservice training.
``(B) Program.--For individuals who are being trained
to enter any education-related field other than
teaching, the training received pursuant to a grant
under this section shall be in a program that results
in a graduate degree.
``(e) Application.--Each eligible entity desiring a grant under this
section shall submit an application to the Secretary at such time and
in such manner as the Secretary may reasonable require. An application
shall include how the eligible entity will--
``(1) recruit qualified Indian individuals, such as students
who may not be of traditional college age, to become teachers
or school leaders;
``(2) use funds made available under the grant to support the
recruitment, preparation, and professional development of
Indian teachers or school leaders in local educational agencies
that serve a high proportion of Indian students; and
``(3) assist participants in meeting the requirements under
subsection (h).
``(f) Special Rule.--In awarding grants under this section, the
Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under this
section on the basis of--
``(A) the number of previous grants the Secretary has
awarded such entity; or
``(B) the length of any period during which such
entity received such grants.
``(g) Grant Period.--Each grant under this section shall be awarded
for an initial period of not more than three years, and may be renewed
for not more than an additional two years if the Secretary finds that
the grantee is meeting the grant objectives.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training pursuant
to a grant made under this section--
``(A) perform work--
``(i) related to the training received under
this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the assistance
received.
``(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant recipient
under this section shall, not later than 12 months after the
date of completion of the training, and periodically
thereafter, provide information concerning compliance with the
work requirement under paragraph (1).
``CHAPTER C--FEDERAL ADMINISTRATION
``SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory Council
on Indian Education (hereafter in this section referred to as the
`Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed by
the President from lists of nominees furnished, from time to
time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program,
including any program established under this subpart--
``(A) with respect to which the Secretary has
jurisdiction; and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or
adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy
occurs; and
``(3) submit to Congress, not later than June 30 of each
year, a report on the activities of the Council, including--
``(A) any recommendations that the Council considers
appropriate for the improvement of Federal education
programs that include Indian children or adults as
participants, or that may benefit Indian children or
adults; and
``(B) recommendations concerning the funding of any
program described in subparagraph (A).
``SEC. 1282. PEER REVIEW.
``The Secretary may use a peer review process to review applications
submitted to the Secretary under chapter B.
``SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants and entering into contracts or cooperative
agreements under chapter B, the Secretary shall give a preference to
Indian tribes, organizations, and institutions of higher education
under any program with respect to which Indian tribes, organizations,
and institutions are eligible to apply for grants, contracts, or
cooperative agreements.
``SEC. 1284. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant, contract,
or cooperative agreement under chapter B unless the application is for
a grant, contract, or cooperative agreement that is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant, contract, or cooperative
agreement; and
``(2) based on relevant research findings.
``CHAPTER D--DEFINITIONS
``SEC. 1291. DEFINITIONS.
``For the purposes of this subpart:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the
age of compulsory school attendance under an applicable
State law.
``(2) Alaska native.--The term `Alaska Native' has the same
meaning as the term `Native' has in section 3(b) of the Alaska
Native Claims Settlement Act.
``(3) Free public education.--The term `free public
education' means education that is--
``(A) provided at public expense, under public
supervision and direction, and without tuition charge;
and
``(B) provided as elementary or secondary education
in the applicable State or to preschool children.
``(4) Indian.--The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band, including--
``(i) any tribe or band terminated since
1940; and
``(ii) any tribe or band recognized by the
State in which the tribe or band resides;
``(B) a descendant, in the first or second degree, of
an individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to
be an Indian for any purpose;
``(D) an Eskimo, Aleut, or other Alaska Native; or
``(E) a member of an organized Indian group that
received a grant under the Indian Education Act of 1988
as in effect the day preceding the date of enactment of
the Improving America's Schools Act of 1994.''.
(b) Strike.--The Act is amended by striking title VII (20 U.S.C. 7401
et seq.).
Subtitle D--National Assessment
SEC. 141. NATIONAL ASSESSMENT OF TITLE I.
(a) In General.--Part E of title I (20 U.S.C. 6491 et seq.) is
redesignated as part B of title I.
(b) Repeals.--Sections 1502 and 1504 (20 U.S.C. 6492; 6494) are
repealed.
(c) Redesignations.--Sections 1501 and 1503 (20 U.S.C. 6491; 6493)
are redesignated as sections 1301 and 1302, respectively.
(d) Amendments to Section 1301.--Section 1301 (20 U.S.C. 6491), as so
redesignated, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, acting through
the Director of the Institute of Education Sciences (in
this section and section 1302 referred to as the
`Director'),'' after ``The Secretary'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (A), by striking
``reaching the proficient level'' and all that
follows and inserting ``graduating high school
prepared for postsecondary education or the
workforce.'';
(iii) in subparagraph (B), by striking
``reach the proficient'' and all that follows
and inserting ``meet State academic
standards.'';
(iv) by striking subparagraphs (D) and (G)
and redesignating subparagraphs (E), (F), and
(H) through (O) as subparagraphs (D) through
(M), respectively;
(v) in subparagraph (D)(v) (as so
redesignated), by striking ``help schools in
which'' and all that follows and inserting
``address disparities in the percentages of
effective teachers teaching in low-income
schools.''
(vi) in subparagraph (G) (as so
redesignated)--
(I) by striking ``section 1116'' and
inserting ``section
1111(b)(3)(B)(iii)''; and
(II) by striking ``, including the
following'' and all that follows and
inserting a period;
(vii) in subparagraph (I) (as so
redesignated), by striking ``qualifications''
and inserting ``effectiveness'';
(viii) in subparagraph (J) (as so
redesignated), by striking ``, including funds
under section 1002,'';
(ix) in subparagraph (L) (as so
redesignated), by striking ``section
1111(b)(2)(C)(v)(II)'' and inserting ``section
1111(b)(3)(B)(ii)(II)''; and
(x) in subparagraph (M) (as so redesignated),
by striking ``Secretary'' and inserting
``Director'';
(C) in paragraph (3), by striking ``Secretary'' and
inserting ``Director'';
(D) in paragraph (4), by striking ``Secretary'' and
inserting ``Director'';
(E) in paragraph (5), by striking ``Secretary'' and
inserting ``Director''; and
(F) in paragraph (6)--
(i) by striking ``No Child Left Behind Act of
2001'' each place it appears and inserting
``Student Success Act''; and
(ii) by striking ``Secretary'' each place it
appears and inserting ``Director'';
(2) in subsection (b), by striking ``Secretary'' each place
it appears and inserting ``Director'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking ``part A'' and inserting
``subpart 1 of part A'';
(B) in paragraph (2)--
(i) by striking ``Secretary'' and inserting
``Director'';
(ii) in subparagraph (B), by striking
``challenging academic achievement standards''
and inserting ``State academic standards'';
(iii) in subparagraph (E), by striking
``effects of the availability'' and all that
follows and inserting ``extent to which actions
authorized under section 1111(b)(3)(B)(iii)
improve the academic achievement of
disadvantaged students and low-performing
schools.''; and
(iv) in subparagraph (F), by striking
``Secretary'' and inserting ``Director''; and
(C) in paragraph (3)--
(i) by striking ``Secretary'' and inserting
``Director''; and
(ii) by striking subparagraph (C) and
inserting the following:
``(C) analyzes varying models or strategies for
delivering school services, including schoolwide and
targeted services.''; and
(4) in subsection (d), by striking ``Secretary'' each place
it appears and inserting ``Director''.
(e) Amendments to Section 1302.--Section 1302 (20 U.S.C. 6493), as so
redesignated, is amended--
(1) in subsection (a)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``and for making decisions about the
promotion and graduation of students'';
(2) in subsection (b)--
(A) by striking ``Secretary'' the first place it
appears and inserting ``Director'';
(B) by striking ``process,'' and inserting ``process
consistent with section 1206,''; and
(C) by striking ``Assistant Secretary of Educational
Research and Improvement'' and inserting ``Director'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``to the
State-defined level of proficiency'' and
inserting ``toward meeting the State academic
standards''; and
(ii) in subparagraph (C), by striking
``pupil-services'' and inserting ``specialized
instructional support services'';
(B) in paragraph (3), by striking ``limited and
nonlimited English proficient students'' and inserting
``English learners''; and
(C) in paragraph (6), by striking ``Secretary'' and
inserting ``Director''; and
(4) in subsection (f)--
(A) by striking ``Secretary'' and inserting
``Director''; and
(B) by striking ``authorized to be appropriated for
this part'' and inserting ``appropriated under section
3(a)(2)''.
Subtitle E--Title I General Provisions
SEC. 151. GENERAL PROVISIONS FOR TITLE I.
Part I of title I (20 U.S.C. 6571 et seq.)--
(1) is transferred to and redesignated as part C of title I
of the Act; and
(2) is amended to read as follows:
``PART C--GENERAL PROVISIONS
``SEC. 1401. FEDERAL REGULATIONS.
``(a) In General.--The Secretary may, in accordance with subsections
(b) through (d), issue such regulations as are necessary to reasonably
ensure there is compliance with this title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Before publishing in the Federal Register
proposed regulations to carry out this title, the Secretary
shall obtain the advice and recommendations of representatives
of Federal, State, and local administrators, parents, teachers,
and members of local school boards and other organizations
involved with the implementation and operation of programs
under this title.
``(2) Meetings and electronic exchange.--Such advice and
recommendations may be obtained through such mechanisms as
regional meetings and electronic exchanges of information.
``(3) Proposed regulations.--After obtaining such advice and
recommendations, and before publishing proposed regulations,
the Secretary shall--
``(A) establish a negotiated rulemaking process;
``(B) select individuals to participate in such
process from among individuals or groups that provided
advice and recommendations, including representation
from all geographic regions of the United States, in
such numbers as will provide an equitable balance
between representatives of parents and students and
representatives of educators and education officials;
and
``(C) prepare a draft of proposed policy options that
shall be provided to the individuals selected by the
Secretary under subparagraph (B) not less than 15 days
before the first meeting under such process.
``(c) Proposed Rulemaking.--If the Secretary determines that a
negotiated rulemaking process is unnecessary or the individuals
selected to participate in the process under paragraph (3)(B) fail to
reach unanimous agreement, the Secretary may propose regulations under
the following procedure:
``(1) Not less than 30 days prior to beginning a rulemaking
process, the Secretary shall provide to Congress, including the
Committee on Education and the Workforce of the House of
Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, notice that shall include--
``(A) a copy of the proposed regulations;
``(B) the need to issue regulations;
``(C) the anticipated burden the regulations will
have on State educational agencies, local educational
agencies, schools, and other entities that may be
impacted by the regulations; and
``(D) any regulations that will be repealed when the
new regulations are issued.
``(2) 30 days after giving notice of the proposed rule to
Congress, the Secretary may proceed with the rulemaking process
after addressing all comments received from the Congress and
publishing how such comments are addressed with the proposed
rule.
``(3) The comment and review period for any proposed
regulation shall be 90 days unless an emergency requires a
shorter period, in which case such period shall be not less
than 45 days and the Secretary shall--
``(A) designate the proposed regulation as an
emergency with an explanation of the emergency in the
notice and report to Congress under paragraph (1); and
``(B) publish the length of the comment and review
period in such notice and in the Federal Register.
``(4) No regulation shall be made final after the comment and
review period until the Secretary has published in the Federal
Register an independent assessment of--
``(A) the burden, including the cost burden, the
regulation will impose on State educational agencies,
local educational agencies, schools and other entities
that may be impacted by the regulation; and
``(B) an explanation of how the entities described in
subparagraph (A) may pay for implementing the new
regulation.
``(d) Limitation.--Regulations to carry out this title may not
require local programs to follow a particular instructional model, such
as the provision of services outside the regular classroom or school
program.
``SEC. 1402. AGREEMENTS AND RECORDS.
``(a) Agreements.--In the case in which a negotiated rule making
process is established under subsection (b) of section 1401, all
published proposed regulations shall conform to agreements that result
from the rulemaking described in section 1401 unless the Secretary
reopens the negotiated rulemaking process.
``(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations process
is maintained.
``SEC. 1403. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under this
title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes
of this title and provide any such proposed rules,
regulations, and policies to the committee of
practitioners created under subsection (b) for review
and comment;
``(B) minimize such rules, regulations, and policies
to which the State's local educational agencies and
schools are subject;
``(C) eliminate or modify State and local fiscal
accounting requirements in order to facilitate the
ability of schools to consolidate funds under
schoolwide programs;
``(D) identify any such rule, regulation, or policy
as a State-imposed requirement; and
``(E)(i) identify any duplicative or contrasting
requirements between the State and Federal rules or
regulations;
``(ii) eliminate the rules and regulations that are
duplicative of Federal requirements; and
``(iii) report any conflicting requirements to the
Secretary and determine which Federal or State rule or
regulation shall be followed.
``(2) Support and facilitation.--State rules, regulations,
and policies under this title shall support and facilitate
local educational agency and school-level systemic reform
designed to enable all children to meet the State academic
standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency that
receives funds under this title shall create a State committee
of practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives
from local educational agencies;
``(B) administrators, including the administrators of
programs described in other parts of this title;
``(C) teachers from public charter schools,
traditional public schools, and career and technical
educators;
``(D) parents;
``(E) members of local school boards;
``(F) representatives of private school children; and
``(G) specialized instructional support personnel.
``(3) Duties.--The duties of such committee shall include a
review, before publication, of any proposed or final State rule
or regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program under this title, the State
educational agency may issue a regulation without prior
consultation, but shall immediately thereafter convene the
State committee of practitioners to review the emergency
regulation before issuance in final form.
``SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
``Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or school.''.
TITLE II--GENERAL PROVISIONS FOR THE ACT
SEC. 201. GENERAL PROVISIONS FOR THE ACT.
(a) Amending Title V.--Title V (20 U.S.C. 7201 et seq.) is amended to
read as follows:
``TITLE V--GENERAL PROVISIONS
``Part A--Definitions
``SEC. 5101. DEFINITIONS.
``Except as otherwise provided, in this Act:
``(1) Average daily attendance.--
``(A) In general.--Except as provided otherwise by
State law or this paragraph, the term `average daily
attendance' means--
``(i) the aggregate number of days of
attendance of all students during a school
year; divided by
``(ii) the number of days school is in
session during that year.
``(B) Conversion.--The Secretary shall permit the
conversion of average daily membership (or other
similar data) to average daily attendance for local
educational agencies in States that provide State aid
to local educational agencies on the basis of average
daily membership (or other similar data).
``(C) Special rule.--If the local educational agency
in which a child resides makes a tuition or other
payment for the free public education of the child in a
school located in another school district, the
Secretary shall, for the purpose of this Act--
``(i) consider the child to be in attendance
at a school of the agency making the payment;
and
``(ii) not consider the child to be in
attendance at a school of the agency receiving
the payment.
``(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a private
school or to a public school of another local
educational agency for a child with a disability, as
defined in section 602 of the Individuals with
Disabilities Education Act, the Secretary shall, for
the purpose of this Act, consider the child to be in
attendance at a school of the agency making the
payment.
``(2) Average per-pupil expenditure.--The term `average per-
pupil expenditure' means, in the case of a State or of the
United States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures,
during the third fiscal year preceding the
fiscal year for which the determination is made
(or, if satisfactory data for that year are not
available, during the most recent preceding
fiscal year for which satisfactory data are
available) of all local educational agencies in
the State or, in the case of the United States,
for all States (which, for the purpose of this
paragraph, means the 50 States and the District
of Columbia); plus
``(ii) any direct current expenditures by the
State for the operation of those agencies;
divided by
``(B) the aggregate number of children in average
daily attendance to whom those agencies provided free
public education during that preceding year.
``(3) Charter school.--The term `charter school' means a
public school that--
``(A) in accordance with a specific State statute
authorizing the granting of charters to schools, is
exempt from significant State or local rules that
inhibit the flexible operation and management of public
schools, but not from any rules relating to the other
requirements of this paragraph;
``(B) is created by a developer as a public school,
or is adapted by a developer from an existing public
school, and is operated under public supervision and
direction;
``(C) operates in pursuit of a specific set of
educational objectives determined by the school's
developer and agreed to by the authorized public
chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions
policies, employment practices, and all other
operations;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of
1975, title VI of the Civil Rights Act of 1964, title
IX of the Education Amendments of 1972, section 504 of
the Rehabilitation Act of 1973, and part B of the
Individuals with Disabilities Education Act;
``(H) is a school to which parents choose to send
their children, and that admits students on the basis
of a lottery, if more students apply for admission than
can be accommodated;
``(I) agrees to comply with the same Federal and
State audit requirements as do other elementary schools
and secondary schools in the State, unless such
requirements are specifically waived for the purpose of
this program;
``(J) meets all applicable Federal, State, and local
health and safety requirements;
``(K) operates in accordance with State law;
``(L) has a written performance contract with the
authorized public chartering agency in the State that
includes a description of how student performance will
be measured in charter schools pursuant to State
assessments that are required of other schools and
pursuant to any other assessments mutually agreeable to
the authorized public chartering agency and the charter
school; and
``(M) may serve pre-kindergarten or postsecondary
school students.
``(4) Child.--The term `child' means any person within the
age limits for which the State provides free public education.
``(5) Child with a disability.--The term `child with a
disability' has the same meaning given that term in section 602
of the Individuals with Disabilities Education Act.
``(6) Community-based organization.--The term `community-
based organization' means a public or private nonprofit
organization of demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(7) Consolidated local application.--The term `consolidated
local application' means an application submitted by a local
educational agency pursuant to section 5305.
``(8) Consolidated local plan.--The term `consolidated local
plan' means a plan submitted by a local educational agency
pursuant to section 5305.
``(9) Consolidated state application.--The term `consolidated
State application' means an application submitted by a State
educational agency pursuant to section 5302.
``(10) Consolidated state plan.--The term `consolidated State
plan' means a plan submitted by a State educational agency
pursuant to section 5302.
``(11) Core academic subjects.--The term `core academic
subjects' means English, reading or language arts, mathematics,
science, foreign languages, civics and government, economics,
arts, history, and geography.
``(12) County.--The term `county' means one of the divisions
of a State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(13) Covered program.--The term `covered program' means
each of the programs authorized by--
``(A) part A of title I;
``(B) title II; and
``(C) title III.
``(14) Current expenditures.--The term `current expenditures'
means expenditures for free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of
plant, fixed charges, and net expenditures to cover
deficits for food services and student body activities;
but
``(B) not including expenditures for community
services, capital outlay, and debt service, or any
expenditures made from funds received under title I.
``(15) Department.--The term `Department' means the
Department of Education.
``(16) Direct student services.--The term `direct student
services' means public school choice or high-quality academic
tutoring that are designed to help increase academic
achievement for students.
``(17) Distance education.--The term `distance education'
means the use of one or more technologies to deliver
instruction to students who are separated from the instructor
and to support regular and substantive interaction between the
students and the instructor synchronously or nonsynchronously.
``(18) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(19) Elementary school.--The term `elementary school' means
a nonprofit institutional day or residential school, including
a public elementary charter school, that provides elementary
education, as determined under State law.
``(20) English learner.--The term `English learner', when
used with respect to an individual, means an individual--
``(A) who is aged 3 through 21;
``(B) who is enrolled or preparing to enroll in an
elementary school or secondary school;
``(C)(i) who was not born in the United States or
whose native language is a language other than English;
``(ii)(I) who is a Native American or Alaska Native,
or a native resident of the outlying areas; and
``(II) who comes from an environment where a language
other than English has had a significant impact on the
individual's level of English language proficiency; or
``(iii) who is migratory, whose native
language is a language other than English, and
who comes from an environment where a language
other than English is dominant; and
``(D) whose difficulties in speaking, reading,
writing, or understanding the English language may be
sufficient to deny the individual--
``(i) the ability to meet the State's
academic standards described in section 1111;
``(ii) the ability to successfully achieve in
classrooms where the language of instruction is
English; or
``(iii) the opportunity to participate fully
in society.
``(21) Extended-year adjusted cohort graduation rate.--
``(A) In general.--The term `extended-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the number
of students who form the original cohort of
students who entered the entry grade together
in the entry year of high school, adjusted by--
``(I) adding the students who joined
that cohort, after the time of the
determination of the original cohort;
and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort; and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) one or more additional years
beyond the fourth year of high school;
or
``(II) a summer session immediately
following the additional year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational program
from which the student is expected to
receive a regular high school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the extended-year adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
extended-year adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(22) Family literacy services.--The term `family literacy
services' means services provided to participants on a
voluntary basis that are of sufficient intensity in terms of
hours, and of sufficient duration, to make sustainable changes
in a family, and that integrate all of the following
activities:
``(A) Interactive literacy activities between parents
and their children.
``(B) Training for parents regarding how to be the
primary teacher for their children and full partners in
the education of their children.
``(C) Parent literacy training that leads to economic
self-sufficiency.
``(D) An age-appropriate education to prepare
children for success in school and life experiences.
``(23) Four-year adjusted cohort graduation rate.--
``(A) In general.--The term `four-year adjusted
cohort graduation rate' means the ratio where--
``(i) the denominator consists of the number
of students who form the original cohort of
entering first-time 9th grade students enrolled
in the high school no later than the effective
date for student membership data submitted
annually by State educational agencies to the
National Center for Education Statistics
pursuant to section 153 of the Education
Sciences Reform Act, adjusted by--
``(I) adding the students who joined
that cohort, after the time of the
determination of the original cohort;
and
``(II) subtracting only those
students who left that cohort, after
the time of the determination of the
original cohort, as described in
subparagraph (B); and
``(ii) the numerator consists of the number
of students in the cohort, as adjusted under
clause (i), who earned a regular high school
diploma before, during, or at the conclusion
of--
``(I) the fourth year of high school;
or
``(II) a summer session immediately
following the fourth year of high
school.
``(B) Cohort removal.--To remove a student from a
cohort, a school or local educational agency shall
require documentation to confirm that the student has
transferred out, emigrated to another country,
transferred to a prison or juvenile facility, or is
deceased.
``(C) Transferred out.--
``(i) In general.--For purposes of this
paragraph, the term `transferred out' means a
student who the high school or local
educational agency has confirmed, according to
clause (ii), has transferred--
``(I) to another school from which
the student is expected to receive a
regular high school diploma; or
``(II) to another educational program
from which the student is expected to
receive a regular high school diploma.
``(ii) Confirmation requirements.--
``(I) Documentation required.--The
confirmation of a student's transfer to
another school or educational program
described in clause (i) requires
documentation from the receiving school
or program that the student enrolled in
the receiving school or program.
``(II) Lack of confirmation.--A
student who was enrolled, but for whom
there is no confirmation of the student
having transferred out, shall remain in
the adjusted cohort.
``(iii) Programs not providing credit.--A
student who is retained in grade or who is
enrolled in a GED or other alternative
educational program that does not issue or
provide credit toward the issuance of a regular
high school diploma shall not be considered
transferred out and shall remain in the
adjusted cohort.
``(D) Special rule.--For those high schools that
start after grade 9, the original cohort shall be
calculated for the earliest high school grade students
attend no later than the effective date for student
membership data submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the Education
Sciences Reform Act.
``(24) Free public education.--The term `free public
education' means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary school or secondary school
education as determined under applicable State law,
except that the term does not include any education
provided beyond grade 12.
``(25) Graduation rate.--The term `graduation rate' means the
adjusted cohort graduation rate.
``(26) High-quality academic tutoring.--The term `high-
quality academic tutoring' means supplemental academic services
that--
``(A) are in addition to instruction provided during
the school day;
``(B) are provided by a non-governmental entity or
local educational agency that--
``(i) is included on a State educational
agency approved provider list after
demonstrating to the State educational agency
that its program consistently improves the
academic achievement of students; and
``(ii) agrees to provide parents of children
receiving high-quality academic tutoring, the
appropriate local educational agency, and
school with information on participating
students increases in academic achievement, in
a format, and to the extent practicable, a
language that such parent can understand, and
in a manner that protects the privacy of
individuals consistent with section 444 of the
General Education Provisions Act (20 U.S.C.
1232g);
``(C) are selected by the parents of students who are
identified by the local educational agency as being
eligible for such services from among providers on the
approved provider list described in subparagraph
(B)(i);
``(D) meet all applicable Federal, State, and local
health, safety, and civil rights laws; and
``(E) ensure that all instruction and content are
secular, neutral, and non-ideological.
``(27) High school.--The term `high school' means a secondary
school that--
``(A) grants a diploma, as defined by the State; and
``(B) includes, at least, grade 12.
``(28) Institution of higher education.--The term
`institution of higher education' has the meaning given that
term in section 101(a) of the Higher Education Act of 1965.
``(29) Local educational agency.--
``(A) In general.--The term `local educational
agency' means a public board of education or other
public authority legally constituted within a State for
either administrative control or direction of, or to
perform a service function for, public elementary
schools or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a combination of
school districts or counties that is recognized in a
State as an administrative agency for its public
elementary schools or secondary schools.
``(B) Administrative control and direction.--The term
includes any other public institution or agency having
administrative control and direction of a public
elementary school or secondary school.
``(C) BIE schools.--The term includes an elementary
school or secondary school funded by the Bureau of
Indian Education but only to the extent that including
the school makes the school eligible for programs for
which specific eligibility is not provided to the
school in another provision of law and the school does
not have a student population that is smaller than the
student population of the local educational agency
receiving assistance under this Act with the smallest
student population, except that the school shall not be
subject to the jurisdiction of any State educational
agency other than the Bureau of Indian Education.
``(D) Educational service agencies.--The term
includes educational service agencies and consortia of
those agencies.
``(E) State educational agency.--The term includes
the State educational agency in a State in which the
State educational agency is the sole educational agency
for all public schools.
``(30) Native american and native american language.--The
terms `Native American' and `Native American language' have the
same meaning given those terms in section 103 of the Native
American Languages Act of 1990.
``(31) Other staff.--The term `other staff' means specialized
instructional support personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
``(32) Outlying area.--The term `outlying area'--
``(A) means American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the United States
Virgin Islands;
``(B) means the Republic of Palau, to the extent
permitted under section 105(f)(1)(B)(ix) of the Compact
of Free Association Amendments Act of 2003 (Public Law
99-658; 117 Stat. 2751) and until an agreement for the
extension of United States education assistance under
the Compact of Free Association becomes effective for
the Republic of Palau; and
``(C) for the purpose of any discretionary grant
program under this Act, includes the Republic of the
Marshall Islands and the Federated States of
Micronesia, to the extent permitted under section
105(f)(1)(B)(viii) of the Compact of Free Association
Amendments Act of 2003 (Public Law 108-188; 117 Stat.
2751).
``(33) Parent.--The term `parent' includes a legal guardian
or other person standing in loco parentis (such as a
grandparent or stepparent with whom the child lives, or a
person who is legally responsible for the child's welfare).
``(34) Parental involvement.--The term `parental involvement'
means the participation of parents in regular, two-way, and
meaningful communication involving student academic learning
and other school activities, including ensuring--
``(A) that parents play an integral role in assisting
in their child's learning;
``(B) that parents are encouraged to be actively
involved in their child's education at school;
``(C) that parents are full partners in their child's
education and are included, as appropriate, in
decisionmaking and on advisory committees to assist in
the education of their child; and
``(D) the carrying out of other activities, such as
those described in section 1118.
``(35) Poverty line.--The term `poverty line' means the
poverty line (as defined by the Office of Management and Budget
and revised annually in accordance with section 673(2) of the
Community Services Block Grant Act) applicable to a family of
the size involved.
``(36) Professional development.--The term `professional
development'--
``(A) includes activities that--
``(i) improve and increase teachers'
knowledge of the academic subjects the teachers
teach, and enable teachers to become effective
educators;
``(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
``(iii) give teachers, school leaders, other
staff, and administrators the knowledge and
skills to provide students with the opportunity
to meet State academic standards;
``(iv) improve classroom management skills;
``(v)(I) are high quality, job-embedded, and
continuous in order to have a positive and
lasting impact on classroom instruction and the
teacher's performance in the classroom; and
``(II) are not 1-day or short-term workshops
or conferences;
``(vi) support the recruiting, hiring, and
training of effective teachers, including
teachers who became certified or licensed
through State and local alternative routes to
certification;
``(vii) advance teacher understanding of
effective instructional strategies that are--
``(I) evidence-based; and
``(II) strategies for improving
student academic achievement or
substantially increasing the knowledge
and teaching skills of teachers,
including through addressing the social
and emotional development needs of
students; and
``(viii) are aligned with and directly
related to--
``(I) State academic standards and
assessments; and
``(II) the curricula and programs
tied to the standards described in
subclause (I);
``(ix) are developed with extensive
participation of teachers, school leaders,
parents, and administrators of schools to be
served under this Act;
``(x) are designed to give teachers of
English learners and other teachers and
instructional staff, the knowledge and skills
to provide instruction and appropriate language
and academic support services to those
children, including the appropriate use of
curricula and assessments;
``(xi) to the extent appropriate, provide
training for teachers, other staff, and school
leaders in the use of technology so that
technology and technology applications are
effectively used to improve teaching and
learning in the curricula and core academic
subjects in which the students receive
instruction;
``(xii) as a whole, are regularly evaluated
for their impact on increased teacher
effectiveness and improved student academic
achievement, with the findings of the
evaluations used to improve the quality of the
professional development;
``(xiii) provide instruction in methods of
teaching children with special needs;
``(xiv) include instruction in the use of
data and assessments to inform and instruct
classroom practice; and
``(xv) include instruction in ways that
teachers, school leaders, specialized
instructional support personnel, other staff,
and school administrators may work more
effectively with parents; and
``(B) may include activities that--
``(i) involve the forming of partnerships
with institutions of higher education to
establish school-based teacher training
programs that provide prospective teachers and
new teachers with an opportunity to work under
the guidance of experienced teachers and
college faculty;
``(ii) create programs to enable
paraprofessionals (assisting teachers employed
by a local educational agency receiving
assistance under subpart 1 of part A of title
I) to obtain the education necessary for those
paraprofessionals to become certified and
licensed teachers; and
``(iii) provide follow-up training to
individuals who have participated in activities
described in subparagraph (A) or another clause
of this subparagraph that are designed to
ensure that the knowledge and skills learned by
the teachers are implemented in the classroom.
``(37) Regular high school diploma.--
``(A) In general.--The term `regular high school
diploma' means the standard high school diploma awarded
to the preponderance of students in the State that is
fully aligned with State standards, or a higher
diploma. Such term shall not include a GED or other
recognized equivalent of a diploma, a certificate of
attendance, or any lesser diploma award.
``(B) Exception for students with significant
cognitive disabilities.--For a student who is assessed
using an alternate assessment aligned to alternate
academic standards under section 1111(b)(1)(D), receipt
of a regular high school diploma as defined under
subparagraph (A) or a State-defined alternate diploma
obtained within the time period for which the State
ensures the availability of a free appropriate public
education and in accordance with section 612(a)(1) of
the Individuals with Disabilities Education Act shall
be counted as graduating with a regular high school
diploma for the purposes of this Act.
``(38) School leader.--The term `school leader' means a
principal, assistant principal, or other individual who is--
``(A) an employee or officer of a school, local
educational agency, or other entity operating the
school; and
``(B) responsible for--
``(i) the daily instructional leadership and
managerial operations of the school; and
``(ii) creating the optimum conditions for
student learning.
``(39) Secondary school.--The term `secondary school' means a
nonprofit institutional day or residential school, including a
public secondary charter school, that provides secondary
education, as determined under State law, except that the term
does not include any education beyond grade 12.
``(40) Secretary.--The term `Secretary' means the Secretary
of Education.
``(41) Specialized instructional support personnel;
specialized instructional support services.--
``(A) Specialized instructional support personnel.--
The term `specialized instructional support personnel'
means school counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis,
counseling, educational, therapeutic, and other
necessary services (including related services as that
term is defined in section 602 of the Individuals with
Disabilities Education Act) as part of a comprehensive
program to meet student needs.
``(B) Specialized instructional support services.--
The term `specialized instructional support services'
means the services provided by specialized
instructional support personnel.
``(42) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and
each of the outlying areas.
``(43) State educational agency.--The term `State educational
agency' means the agency primarily responsible for the State
supervision of public elementary schools and secondary schools.
``(44) Technology.--The term `technology' means modern
information, computer and communication technology products,
services, or tools, including, but not limited to, the Internet
and other communications networks, computer devices and other
computer and communications hardware, software applications,
data systems, and other electronic content and data storage.
``SEC. 5102. APPLICABILITY OF TITLE.
``Parts B, C, D, and E of this title do not apply to title IV of this
Act.
``SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
``For the purpose of any competitive program under this Act--
``(1) a consortium of schools operated by the Bureau of
Indian Education;
``(2) a school operated under a contract or grant with the
Bureau of Indian Education in consortium with another contract
or grant school or a tribal or community organization; or
``(3) a Bureau of Indian Education school in consortium with
an institution of higher education, a contract or grant school,
or a tribal or community organization,
shall be given the same consideration as a local educational agency.
``Part B--Flexibility in the Use of Administrative and Other Funds
``SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may consolidate
the amounts specifically made available to it for State
administration under one or more of the programs under
paragraph (2).
``(2) Applicability.--This section applies to any program
under this Act under which funds are authorized to be used for
administration, and such other programs as the Secretary may
designate.
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of
the programs included in the consolidation under subsection
(a).
``(2) Additional uses.--A State educational agency may also
use funds available under this section for administrative
activities designed to enhance the effective and coordinated
use of funds under programs included in the consolidation under
subsection (a), such as--
``(A) the coordination of those programs with other
Federal and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding
model programs and practices;
``(E) technical assistance under any program under
this Act;
``(F) State-level activities designed to carry out
this title;
``(G) training personnel engaged in audit and other
monitoring activities; and
``(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the Department.
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State administration
under this section, the Secretary may periodically review the
performance of State educational agencies in using consolidated
administrative funds under this section and take such steps as the
Secretary finds appropriate to ensure the effectiveness of that
administration.
``(e) Unused Administrative Funds.--If a State educational agency
does not use all of the funds available to the agency under this
section for administration, the agency may use those funds during the
applicable period of availability as funds available under one or more
programs included in the consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop State academic standards and
assessments, a State educational agency may consolidate the amounts
described in subsection (a) for those purposes under title I.
``SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local educational
agency shall, in its applications or plans under this Act, describe how
the agency will eliminate duplication in conducting administrative
functions.
``SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount for
covered programs, the Indian education programs under subpart 6
of part A of title I, and the education for homeless children
and youth program under subtitle B of title VII of the
McKinney-Vento Homeless Assistance Act, the amounts allotted to
the Department of the Interior under those programs.
``(2) Agreement.--
``(A) In general.--The Secretary and the Secretary of
the Interior shall enter into an agreement, consistent
with the requirements of the programs specified in
paragraph (1), for the distribution and use of those
program funds under terms that the Secretary determines
best meet the purposes of those programs.
``(B) Contents.--The agreement shall--
``(i) set forth the plans of the Secretary of
the Interior for the use of the amount
transferred and the achievement measures to
assess program effectiveness; and
``(ii) be developed in consultation with
Indian tribes.
``(b) Administration.--The Department of the Interior may use not
more than 1.5 percent of the funds consolidated under this section for
its costs related to the administration of the funds transferred under
this section.
``Part C--Coordination of Programs; Consolidated State and Local Plans
and Applications
``SEC. 5301. PURPOSES.
``The purposes of this part are--
``(1) to improve teaching and learning by encouraging greater
cross-program coordination, planning, and service delivery;
``(2) to provide greater flexibility to State and local
authorities through consolidated plans, applications, and
reporting; and
``(3) to enhance the integration of programs under this Act
with State and local programs.
``SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational
agencies under this Act, the Secretary, in accordance with
subsection (b), shall establish procedures and criteria under
which, after consultation with the Governor, a State
educational agency may submit a consolidated State plan or a
consolidated State application meeting the requirements of this
section for--
``(A) each of the covered programs in which the State
participates; and
``(B) such other programs as the Secretary may
designate.
``(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational agency that
submits a consolidated State plan or a consolidated State
application under this section shall not be required to submit
separate State plans or applications under any of the programs
to which the consolidated State plan or consolidated State
application under this section applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State
agencies, local educational agencies, public and private
agencies, organizations, and institutions, private schools, and
parents, students, and teachers.
``(2) Contents.--Through the collaborative process described
in paragraph (1), the Secretary shall establish, for each
program under this Act to which this section applies, the
descriptions, information, assurances, and other material
required to be included in a consolidated State plan or
consolidated State application.
``(3) Necessary materials.--The Secretary shall require only
descriptions, information, assurances (including assurances of
compliance with applicable provisions regarding participation
by private school children and teachers), and other materials
that are absolutely necessary for the consideration of the
consolidated State plan or consolidated State application.
``SEC. 5303. CONSOLIDATED REPORTING.
``(a) In General.--In order to simplify reporting requirements and
reduce reporting burdens, the Secretary shall establish procedures and
criteria under which a State educational agency, in consultation with
the Governor of the State, may submit a consolidated State annual
report.
``(b) Contents.--The report shall contain information about the
programs included in the report, including the performance of the State
under those programs, and other matters as the Secretary determines are
necessary, such as monitoring activities.
``(c) Replacement.--The report shall replace separate individual
annual reports for the programs included in the consolidated State
annual report.
``SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency, in consultation with
the Governor of the State, that submits a consolidated State plan or
consolidated State application under this Act, whether separately or
under section 5302, shall have on file with the Secretary a single set
of assurances, applicable to each program for which the plan or
application is submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency, an eligible private agency, institution,
or organization, or an Indian tribe, if the law authorizing the
program provides for assistance to those entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
those funds and property to the extent required by the
authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
``(C) the adoption of written procedures for the
receipt and resolution of complaints alleging
violations of law in the administration of the
programs;
``(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or other
Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures that will ensure proper disbursement of,
and accounting for, Federal funds paid to the State under each
such program;
``(6) the State will--
``(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform the
Secretary's duties under each such program; and
``(B) maintain such records, provide such information
to the Secretary, and afford such access to the records
as the Secretary may find necessary to carry out the
Secretary's duties; and
``(7) before the plan or application was submitted to the
Secretary, the State afforded a reasonable opportunity for
public comment on the plan or application and considered such
comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may submit
plans or applications to the State educational agency under
those programs on a consolidated basis.
``(2) Availability to governor.--The State educational agency
shall make any consolidated local plans and applications
available to the Governor.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan or
application under section 5302 may require local educational agencies
in the State receiving funds under more than one program included in
the consolidated State plan or consolidated State application to submit
consolidated local plans or applications under those programs, but may
not require those agencies to submit separate plans.
``(c) Collaboration.--A State educational agency, in consultation
with the Governor, shall collaborate with local educational agencies in
the State in establishing procedures for the submission of the
consolidated State plans or consolidated State applications under this
section.
``(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the local
educational agency plan or application.
``SEC. 5306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant, other than a State educational
agency that submits a plan or application under this Act, shall have on
file with the State educational agency a single set of assurances,
applicable to each program for which a plan or application is
submitted, that provides that--
``(1) each such program will be administered in accordance
with all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such
program and title to property acquired with program funds will
be in a public agency or in an eligible private agency,
institution, organization, or Indian tribe, if the law
authorizing the program provides for assistance to those
entities; and
``(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will administer
the funds and property to the extent required by the
authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by
law on agencies, institutions, organizations, and other
recipients responsible for carrying out each program;
and
``(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary, or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of,
and accounting for, Federal funds paid to the applicant under
each such program;
``(6) the applicant will--
``(A) submit such reports to the State educational
agency (which shall make the reports available to the
Governor) and the Secretary as the State educational
agency and Secretary may require to enable the State
educational agency and the Secretary to perform their
duties under each such program; and
``(B) maintain such records, provide such
information, and afford such access to the records as
the State educational agency (after consultation with
the Governor) or the Secretary may reasonably require
to carry out the State educational agency's or the
Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
``Part D--Waivers
``SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) In General.--
``(1) Request for waiver.--A State educational agency, local
educational agency, or Indian tribe that receives funds under a
program authorized under this Act may submit a request to the
Secretary to waive any statutory or regulatory requirement of
this Act.
``(2) Receipt of waiver.--Except as provided in subsection
(c) and subject to the limits in subsection (b)(5)(A), the
Secretary shall waive any statutory or regulatory requirement
of this Act for a State educational agency, local educational
agency, Indian tribe, or school (through a local educational
agency), that submits a waiver request pursuant to this
subsection.
``(b) Plan.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a waiver under
this section shall submit a waiver request to the Secretary,
which shall include a plan that--
``(A) identifies the Federal programs affected by the
requested waiver;
``(B) describes which Federal statutory or regulatory
requirements are to be waived;
``(C) reasonably demonstrates that the waiver will
improve instruction for students and advance student
academic achievement;
``(D) describes the methods the State educational
agency, local educational agency, or Indian tribe will
use to monitor the effectiveness of the implementation
of the plan;
``(E) describes the State educational agency, local
educational agency, or Indian tribe's process for
holding public schools accountable for student academic
achievement and intervening in low performing schools;
and
``(F) describes how schools will continue to provide
assistance to the same populations served by programs
for which the waiver is requested.
``(2) Additional information.--A waiver request under this
section--
``(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on
behalf of those agencies and schools) to State
educational agencies; and
``(II) by State educational agencies (on
their own behalf, or on behalf of, and based on
the requests of, local educational agencies in
the State) to the Secretary; or
``(ii) by Indian tribes (on behalf of schools
operated by the tribes) to the Secretary.
``(3) General requirements.--
``(A) State educational agencies.--In the case of a
waiver request submitted by a State educational agency
acting on its own behalf, or on behalf of local
educational agencies in the State, the State
educational agency shall--
``(i) provide the public and local
educational agencies in the State with notice
and a reasonable opportunity to comment and
provide input on the request;
``(ii) submit the comments and input to the
Secretary, with a description of how the State
addressed the comments and input; and
``(iii) provide notice and a reasonable time
to comment to the public and local educational
agencies in the manner in which the applying
agency customarily provides similar notice and
opportunity to comment to the public.
``(B) Local educational agencies.--In the case of a
waiver request submitted by a local educational agency
that receives funds under this Act--
``(i) the request shall be reviewed by the
State educational agency and be accompanied by
the comments, if any, of the State educational
agency and the public; and
``(ii) notice and a reasonable opportunity to
comment regarding the waiver request shall be
provided to the State educational agency and
the public by the agency requesting the waiver
in the manner in which that agency customarily
provides similar notice and opportunity to
comment to the public.
``(4) Peer review.--
``(A) Establishment.--The Secretary shall establish a
multi-disciplinary peer review team to review waiver
requests under this section.
``(B) Applicability.--The Secretary may approve a
waiver request under this section without conducting a
peer review of the request, but shall use the peer
review process under this paragraph before disapproving
such a request.
``(C) Standard and nature of review.--Peer reviewers
shall conduct a good faith review of waiver requests
submitted to them under this section. Peer reviewers
shall review such waiver requests--
``(i) in their totality;
``(ii) in deference to State and local
judgment; and
``(iii) with the goal of promoting State- and
local-led innovation.
``(5) Waiver determination, demonstration, and revision.--
``(A) In general.--The Secretary shall approve a
waiver request not more than 60 days after the date on
which such request is submitted, unless the Secretary
determines and demonstrates that--
``(i) the waiver request does not meet the
requirements of this section;
``(ii) the waiver is not permitted under
subsection (c);
``(iii) the plan that is required under
paragraph (1)(C), and reviewed with deference
to State and local judgment, provides no
reasonable evidence to determine that a waiver
will enhance student academic achievement; or
``(iv) the waiver request does not provide
for adequate evaluation to ensure review and
continuous improvement of the plan.
``(B) Waiver determination and revision.--If the
Secretary determines and demonstrates that the waiver
request does not meet the requirements of this section,
the Secretary shall--
``(i) immediately--
``(I) notify the State educational
agency, local educational agency, or
Indian tribe of such determination; and
``(II) at the request of the State
educational agency, local educational
agency, or Indian tribe, provide
detailed reasons for such determination
in writing;
``(ii) offer the State educational agency,
local educational agency, or Indian tribe an
opportunity to revise and resubmit the waiver
request not more than 60 days after the date of
such determination; and
``(iii) if the Secretary determines that the
resubmission does not meet the requirements of
this section, at the request of the State
educational agency, local educational agency,
or Indian tribe, conduct a public hearing not
more than 30 days after the date of such
resubmission.
``(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
``(i) the State educational agency, local
educational agency, or Indian tribe has been
notified and offered an opportunity to revise
and resubmit the waiver request, as described
under clauses (i) and (ii) of subparagraph (B);
and
``(ii) the State educational agency, local
educational agency, or Indian tribe--
``(I) does not revise and resubmit
the waiver request; or
``(II) revises and resubmits the
waiver request, and the Secretary
determines that such waiver request
does not meet the requirements of this
section after a hearing conducted under
subparagraph (B)(iii), if requested.
``(D) External conditions.--The Secretary shall not
require or impose new or additional requirements in
exchange for receipt of a waiver if such requirements
are not specified in this Act.
``(c) Restrictions.--The Secretary shall not waive under this section
any statutory or regulatory requirements relating to--
``(1) the allocation or distribution of funds to States,
local educational agencies, Indian tribes, or other recipients
of funds under this Act;
``(2) comparability of services;
``(3) use of Federal funds to supplement, not supplant, non-
Federal funds;
``(4) equitable participation of private school students and
teachers;
``(5) parental participation and involvement;
``(6) applicable civil rights requirements;
``(7) the prohibitions--
``(A) in subpart 2 of part E;
``(B) regarding use of funds for religious worship or
instruction in section 5505; and
``(C) regarding activities in section 5524; or
``(8) the selection of a school attendance area or school
under subsections (a) and (b) of section 1113, except that the
Secretary may grant a waiver to allow a school attendance area
or school to participate in activities under subpart 1 of part
A of title I if the percentage of children from low-income
families in the school attendance area or who attend the school
is not more than 10 percentage points below the lowest
percentage of those children for any school attendance area or
school of the local educational agency that meets the
requirements of subsections (a) and (b) of section 1113.
``(d) Duration and Extension of Waiver; Limitations.--
``(1) In general.--Except as provided in paragraph (2), a
waiver approved by the Secretary under this section may be for
a period not to exceed 3 years.
``(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the State demonstrates that--
``(A) the waiver has been effective in enabling the
State or affected recipient to carry out the activities
for which the waiver was requested and the waiver has
contributed to improved student achievement; and
``(B) the extension is in the public interest.
``(3) Specific limitations.--The Secretary shall not require
a State educational agency, local educational agency, or Indian
tribe, as a condition of approval of a waiver request, to--
``(A) include in, or delete from, such request,
specific academic standards;
``(B) use specific academic assessment instruments or
items; or
``(C) include in, or delete from, such waiver request
any criterion that specifies, defines, or prescribes
the standards or measures that a State or local
educational agency or Indian tribe uses to establish,
implement, or improve--
``(i) State academic standards;
``(ii) academic assessments;
``(iii) State accountability systems; or
``(iv) teacher and school leader evaluation
systems.
``(e) Reports.--
``(1) Waiver reports.--A State educational agency, local
educational agency, or Indian tribe that receives a waiver
under this section shall, at the end of the second year for
which a waiver is received under this section and each
subsequent year, submit a report to the Secretary that--
``(A) describes the uses of the waiver by the agency
or by schools;
``(B) describes how schools continued to provide
assistance to the same populations served by the
programs for which waivers were granted; and
``(C) evaluates the progress of the agency and
schools, or Indian tribe, in improving the quality of
instruction or the academic achievement of students.
``(2) Report to congress.--The Secretary shall annually
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
``(A) summarizing the uses of waivers by State
educational agencies, local educational agencies,
Indian tribes, and schools; and
``(B) describing the status of the waivers in
improving academic achievement.
``(f) Termination of Waivers.--The Secretary shall terminate a waiver
under this section if the Secretary determines, after notice and an
opportunity for a hearing, that the performance of the State or other
recipient affected by the waiver has been inadequate to justify a
continuation of the waiver and the recipient of the waiver has failed
to make revisions needed to carry out the purpose of the waiver, or if
the waiver is no longer necessary to achieve its original purpose.
``(g) Publication.--A notice of the Secretary's decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination of the
notice to State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights organizations,
and the public.
``Part E--Uniform Provisions
``Subpart 1--Private Schools
``SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this Act,
to the extent consistent with the number of eligible children
in areas served by a State educational agency, local
educational agency, educational service agency, consortium of
those agencies, or another entity receiving financial
assistance under a program specified in subsection (b), who are
enrolled in private elementary schools and secondary schools in
areas served by such agency, consortium, or entity, the agency,
consortium, or entity shall, after timely and meaningful
consultation with appropriate private school officials or their
representatives, provide to those children and their teachers
or other educational personnel, on an equitable basis, special
educational services or other benefits that address their needs
under the program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall be
secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other benefits
provided under this section for private school children,
teachers, and other educational personnel shall be equitable in
comparison to services and other benefits for public school
children, teachers, and other educational personnel
participating in the program and shall be provided in a timely
manner.
``(4) Expenditures.--
``(A) In general.--Expenditures for educational
services and other benefits to eligible private school
children, teachers, and other service personnel shall
be equal to the expenditures for participating public
school children, taking into account the number and
educational needs, of the children to be served.
``(B) Obligation of funds.--Funds allocated to a
local educational agency for educational services and
other benefits to eligible private school children
shall--
``(i) be obligated in the fiscal year for
which the funds are received by the agency; and
``(ii) with respect to any such funds that
cannot be so obligated, be used to serve such
children in the following fiscal year.
``(C) Notice of allocation.--Each State educational
agency shall--
``(i) determine, in a timely manner, the
proportion of funds to be allocated to each
local educational agency in the State for
educational services and other benefits under
this subpart to eligible private school
children; and
``(ii) provide notice, simultaneously, to
each such local educational agency and the
appropriate private school officials or their
representatives in the State of such allocation
of funds.
``(5) Provision of services.--An agency, consortium, or
entity described in subsection (a)(1) of this section may
provide those services directly or through contracts with
public and private agencies, organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) subpart 2 of part A of title I;
``(B) subpart 4 of part A of title I;
``(C) part A of title II;
``(D) part B of title II; and
``(E) part B of title III.
``(2) Definition.--For the purpose of this section, the term
`eligible children' means children eligible for services under
a program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational
agency, educational service agency, consortium of those
agencies, or entity shall consult, in order to reach an
agreement, with appropriate private school officials or their
representatives during the design and development of the
programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how, where, and by whom the services will be
provided;
``(D) how the services will be assessed and how the
results of the assessment will be used to improve those
services;
``(E) the size and scope of the equitable services to
be provided to the eligible private school children,
teachers, and other educational personnel and the
amount of funds available for those services;
``(F) how and when the agency, consortium, or entity
will make decisions about the delivery of services,
including a thorough consideration and analysis of the
views of the private school officials or their
representatives on the provision of services through
potential third-party providers or contractors; and
``(G) how, if the agency disagrees with the views of
the private school officials or their representatives
on the provision of services through a contract, the
local educational agency will provide in writing to
such private school officials or their representatives
an analysis of the reasons why the local educational
agency has chosen not to use a contractor.
``(2) Disagreement.--If the agency, consortium, or entity
disagrees with the views of the private school officials or
their representatives with respect to an issue described in
paragraph (1), the agency, consortium, or entity shall provide
to the private school officials or their representatives a
written explanation of the reasons why the local educational
agency has chosen not to adopt the course of action requested
by such officials or their representatives.
``(3) Timing.--The consultation required by paragraph (1)
shall occur before the agency, consortium, or entity makes any
decision that affects the opportunities of eligible private
school children, teachers, and other educational personnel to
participate in programs under this Act, and shall continue
throughout the implementation and assessment of activities
under this section.
``(4) Discussion required.--The consultation required by
paragraph (1) shall include a discussion of service delivery
mechanisms that the agency, consortium, or entity could use to
provide equitable services to eligible private school children,
teachers, administrators, and other staff.
``(5) Documentation.--Each local educational agency shall
maintain in the agency's records and provide to the State
educational agency involved a written affirmation signed by
officials or their representatives of each participating
private school that the meaningful consultation required by
this section has occurred. The written affirmation shall
provide the option for private school officials or their
representatives to indicate that timely and meaningful
consultation has not occurred or that the program design is not
equitable with respect to eligible private school children. If
such officials or their representatives do not provide such
affirmation within a reasonable period of time, the local
educational agency shall forward the documentation that such
consultation has, or attempts at such consultation have, taken
place to the State educational agency.
``(6) Compliance.--
``(A) In general.--If the consultation required under
this section is with a local educational agency or
educational service agency, a private school official
or representative shall have the right to file a
complaint with the State educational agency that the
consultation required under this section was not
meaningful and timely, did not give due consideration
to the views of the private school official or
representative, or did not treat the private school or
its students equitably as required by this section.
``(B) Procedure.--If the private school official or
representative wishes to file a complaint, the private
school official or representative shall provide the
basis of the noncompliance with this section and all
parties shall provide the appropriate documentation to
the appropriate officials or representatives.
``(C) Services.--A State educational agency shall
provide services under this section directly or through
contracts with public and private agencies,
organizations, and institutions, if--
``(i) the appropriate private school
officials or their representatives have--
``(I) requested that the State
educational agency provide such
services directly; and
``(II) demonstrated that the local
educational agency or Education Service
Agency involved has not met the
requirements of this section; or
``(ii) in a case in which--
``(I) a local educational agency has
more than 10,000 children from low-
income families who attend private
elementary schools or secondary schools
in such agency's school attendance
areas, as defined in section
1113(a)(2)(A), that are not being
served by the agency's program under
this section; or
``(II) 90 percent of the eligible
private school students in a school
attendance area, as defined in section
1113(a)(2)(A), are not being served by
the agency's program under this
section.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials, equipment,
and property purchased with those funds, shall be in a public
agency for the uses and purposes provided in this Act, and a
public agency shall administer the funds and property.
``(2) Provision of services.--
``(A) In general.--The provision of services under
this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by the public agency
with an individual, association, agency,
organization, or other entity.
``(B) Independence; public agency.--In the provision
of those services, the employee, person, association,
agency, organization, or other entity shall be
independent of the private school and of any religious
organization, and the employment or contract shall be
under the control and supervision of the public agency.
``(C) Commingling of funds prohibited.--Funds used to
provide services under this section shall not be
commingled with non-Federal funds.
``SEC. 5502. STANDARDS FOR BY-PASS.
``(a) In General.--If, by reason of any provision of law, a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or other entity is prohibited
from providing for the participation in programs of children enrolled
in, or teachers or other educational personnel from, private elementary
schools and secondary schools, on an equitable basis, or if the
Secretary determines that the agency, consortium, or entity has
substantially failed or is unwilling to provide for that participation,
as required by section 5501, the Secretary shall--
``(1) waive the requirements of that section for the agency,
consortium, or entity; and
``(2) arrange for the provision of equitable services to
those children, teachers, or other educational personnel
through arrangements that shall be subject to the requirements
of this section and of sections 5501, 5503, and 5504.
``(b) Determination.--In making the determination under subsection
(a), the Secretary shall consider one or more factors, including the
quality, size, scope, and location of the program, and the opportunity
of private school children, teachers, and other educational personnel
to participate in the program.
``SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations of section 5501 by a State
educational agency, local educational agency, educational service
agency, consortium of those agencies, or entity. The individual or
organization shall submit the complaint to the State educational agency
for a written resolution by the State educational agency within 45
days.
``(b) Appeals to Secretary.--The resolution may be appealed by an
interested party to the Secretary not later than 30 days after the
State educational agency resolves the complaint or fails to resolve the
complaint within the 45-day time limit. The appeal shall be accompanied
by a copy of the State educational agency's resolution, and, if there
is one, a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve the appeal not later than 90
days after receipt of the appeal.
``Subpart 2--Prohibitions
``SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
``(a) In General.--No officer or employee of the Federal Government
shall, directly or indirectly--through grants, contracts, or other
cooperative agreements--mandate, direct, or control a State, local
educational agency, or school's specific instructional content,
academic standards and assessments, curricula, or program of
instruction, nor shall anything in this Act be construed to authorize
such officer or employee to do so.
``(b) Financial Support.--No officer or employee of the Federal
Government shall, directly or indirectly--through grants, contracts, or
other cooperative agreements--make financial support available in a
manner that is conditioned upon a State, local educational agency, or
school's adoption of specific instructional content, academic standards
and assessments, curriculum, or program of instruction even if such
requirements are specified in an Act other than this Act, nor shall
anything in this Act be construed to authorize such officer or employee
to do so.
``SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
``(a) General Prohibition.--Nothing in this Act shall be construed to
authorize an officer or employee of the Federal Government directly or
indirectly--whether through a grant, contract, or cooperative
agreement--to mandate, direct, or control a State, local educational
agency, or school's curriculum, program of instruction, or allocation
of State or local resources, or mandate a State or any subdivision
thereof to spend any funds or incur any costs not paid for under this
Act.
``(b) Prohibition on Endorsement of Curriculum.--Notwithstanding any
other prohibition of Federal law, no funds provided to the Department
under this Act may be used by the Department directly or indirectly--
whether through a grant, contract, or cooperative agreement--to
endorse, approve, develop, require, or sanction any curriculum designed
to be used in an elementary school or secondary school.
``(c) Local Control.--Nothing in this Act shall be construed to--
``(1) authorize an officer or employee of the Federal
Government directly or indirectly--whether through a grant,
contract, or cooperative agreement--to mandate, direct, review,
or control a State, local educational agency, or school's
instructional content, curriculum, and related activities;
``(2) limit the application of the General Education
Provisions Act;
``(3) require the distribution of scientifically or medically
false or inaccurate materials or to prohibit the distribution
of scientifically or medically true or accurate materials; or
``(4) create any legally enforceable right.
``(d) Prohibition on Requiring Federal Approval or Certification of
Standards.--Notwithstanding any other provision of Federal law, no
State shall be required to have academic standards approved or
certified by the Federal Government, in order to receive assistance
under this Act.
``(e) Rule of Construction on Building Standards.--Nothing in this
Act shall be construed to mandate national school building standards
for a State, local educational agency, or school.
``SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING.
``(a) General Prohibition.--Notwithstanding any other provision of
Federal law and except as provided in subsection (b), no funds provided
under this Act to the Secretary or to the recipient of any award may be
used to develop, pilot test, field test, implement, administer, or
distribute any federally sponsored national test or testing materials
in reading, mathematics, or any other subject, unless specifically and
explicitly authorized by law.
``(b) Exceptions.--Subsection (a) shall not apply to international
comparative assessments developed under the authority of section
153(a)(5) of the Education Sciences Reform Act of 2002 and administered
to only a representative sample of pupils in the United States and in
foreign nations.
``SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
``(a) Mandatory National Testing or Certification of Teachers.--
Notwithstanding any other provision of this Act or any other provision
of law, no funds available to the Department or otherwise available
under this Act may be used for any purpose relating to a mandatory
nationwide test or certification of teachers or education
paraprofessionals, including any planning, development, implementation,
or administration of such test or certification.
``(b) Prohibition on Withholding Funds.--The Secretary is prohibited
from withholding funds from any State educational agency or local
educational agency if the State educational agency or local educational
agency fails to adopt a specific method of teacher or paraprofessional
certification.
``SEC. 5525. PROHIBITED USES OF FUNDS.
``No funds under this Act may be used--
``(1) for construction, renovation, or repair of any school
facility, except as authorized under title IV or otherwise
authorized under this Act;
``(2) for medical services, drug treatment or rehabilitation,
except for specialized instructional support services or
referral to treatment for students who are victims of, or
witnesses to, crime or who illegally use drugs;
``(3) for transportation unless otherwise authorized under
this Act;
``(4) to develop or distribute materials, or operate programs
or courses of instruction directed at youth, that are designed
to promote or encourage sexual activity, whether homosexual or
heterosexual;
``(5) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(6) to provide sex education or HIV-prevention education in
schools unless that instruction is age appropriate and includes
the health benefits of abstinence; or
``(7) to operate a program of contraceptive distribution in
schools.
``Subpart 3--Other Provisions
``SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
``(a) Policy.--
``(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General Education
Provisions Act, each local educational agency receiving
assistance under this Act shall provide, upon a request made by
a military recruiter or an institution of higher education,
access to the name, address, and telephone listing of each
secondary school student served by the local educational
agency, unless the parent of such student has submitted the
prior consent request under paragraph (2).
``(2) Consent.--
``(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to the
local educational agency, that the student's name,
address, and telephone listing not be released for
purposes of paragraph (1) without prior written consent
of the parent. Upon receiving such request, the local
educational agency may not release the student's name,
address, and telephone listing for such purposes
without the prior written consent of the parent.
``(B) Notification of opt-out process.--Each local
educational agency shall notify the parents of the
students served by the agency of the option to make a
request described in subparagraph (A).
``(3) Same access to students.--Each local educational agency
receiving assistance under this Act shall provide military
recruiters the same access to secondary school students as is
provided generally to institutions of higher education or to
prospective employers of those students.
``(4) Rule of construction prohibiting opt-in processes.--
Nothing in this subsection shall be construed to allow a local
educational agency to withhold access to a student's name,
address, and telephone listing from a military recruiter or
institution of higher education by implementing an opt-in
process or any other process other than the written consent
request process under paragraph (2)(A).
``(5) Parental consent.--For purposes of this subsection,
whenever a student has attained 18 years of age, the permission
or consent required of and the rights accorded to the parents
of the student shall only be required of and accorded to the
student.
``(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the date of
enactment of the Student Success Act, notify school leaders, school
administrators, and other educators about the requirements of this
section.
``(c) Exception.--The requirements of this section do not apply to a
private secondary school that maintains a religious objection to
service in the Armed Forces if the objection is verifiable through the
corporate or other organizational documents or materials of that
school.
``SEC. 5542. RULEMAKING.
``The Secretary shall issue regulations under this Act as prescribed
under section 1401 only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this Act.
``SEC. 5543. PEER REVIEW.
``(a) In General.--If the Secretary uses a peer review panel to
evaluate an application for any program required under this Act, the
Secretary shall conduct it in accordance with this section.
``(b) Makeup.--The Secretary shall--
``(1) solicit nominations for peers to serve on the panel
from States that are--
``(A) practitioners in the subject matter; or
``(B) experts in the subject matter; and
``(2) select the peers from such nominees, except that there
shall be at least 75 percent practitioners on each panel and in
each group formed from the panel.
``(c) Guidance.--The Secretary shall issue the peer review guidance
concurrently with the notice of the grant.
``(d) Reporting.--The Secretary shall--
``(1) make the names of the peer reviewers available to the
public before the final deadline for the application of the
grant;
``(2) make the peer review notes publically available once
the review has concluded; and
``(3) make any deviations from the peer reviewers'
recommendations available to the public with an explanation of
the deviation.
``(e) Applicant Reviews.--An applicant shall have an opportunity
within 30 days to review the peer review notes and appeal the score to
the Secretary prior to the Secretary making any final determination.
``(f) Prohibition.--The Secretary, and the Secretary's staff, may not
attempt to participate in, or influence, the peer review process. No
Federal employee may participate in, or attempt to influence the peer
review process, except to respond to questions of a technical nature,
which shall be publicly reported.
``SEC. 5544. PARENTAL CONSENT.
``Upon receipt of written notification from the parents or legal
guardians of a student, the local educational agency shall withdraw
such student from any program funded under part B of title III. The
local educational agency shall make reasonable efforts to inform
parents or legal guardians of the content of such programs or
activities funded under this Act, other than classroom instruction.
``SEC. 5551. SEVERABILITY.
``If any provision of this Act is held invalid, the remainder of this
Act shall be unaffected thereby.
``SEC. 5552. DEPARTMENT STAFF.
``The Secretary shall--
``(1) not later than 60 days after the date of the enactment
of the Student Success Act, identify the number of Department
employees who worked on or administered each education program
and project authorized under this Act, as such program or
project was in effect on the day before such enactment date,
and publish such information on the Department's website;
``(2) not later than 60 days after such enactment date,
identify the number of full-time equivalent employees who work
on or administer programs or projects authorized under this
Act, as in effect on the day before such enactment date, that
have been eliminated or consolidated since such date;
``(3) not later than 1 year after such enactment date, reduce
the workforce of the Department by the number of full-time
equivalent employees the Department calculated under paragraph
(2); and
``(4) not later than 1 year after such enactment date, report
to the Congress on--
``(A) the number of employees associated with each
program or project authorized under this Act
administered by the Department;
``(B) the number of full-time equivalent employees
who were determined to be associated with eliminated or
consolidated programs or projects under paragraph (2);
and
``(C) how the Secretary reduced the number of
employees at the Department under paragraph (3).
``Part F--Evaluations
``SEC. 5601. EVALUATIONS.
``(a) Reservation of Funds.--Except as provided in subsections (b)
and (c), the Secretary may reserve not more than 0.5 percent of the
amount appropriated to carry out each categorical program and
demonstration project authorized under this Act--
``(1) to conduct--
``(A) comprehensive evaluations of the program or
project; and
``(B) studies of the effectiveness of the program or
project and its administrative impact on schools and
local educational agencies;
``(2) to evaluate the aggregate short- and long-term effects
and cost efficiencies across Federal programs assisted or
authorized under this Act and related Federal preschool,
elementary, and secondary programs under any other Federal law;
and
``(3) to increase the usefulness of evaluations of grant
recipients in order to ensure the continuous progress of the
program or project by improving the quality, timeliness,
efficiency, and use of information relating to performance
under the program or project.
``(b) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program authorized
under title I.
``(c) Evaluation Activities Authorized Elsewhere.--If, under any
other provision of this Act (other than title I), funds are authorized
to be reserved or used for evaluation activities with respect to a
program or project, the Secretary may not reserve additional funds
under this section for the evaluation of that program or project.''.
(b) Technical Amendments.--
(1) Title ix.--
(A) Subpart 1 of part e of title v.--
(i) Transfer and redesignation.--Sections
9504 through 9506 (20 U.S.C. 7884; 7885; 7886)
are--
(I) transferred to title V, as
amended by subsection (a) of this
section;
(II) inserted after section 5503 of
such title; and
(III) redesignated as sections 5504
through 5506, respectively.
(ii) Amendments.--Section 5504 (as so
redesignated) is amended--
(I) in subsection (a)(1)(A), by
striking ``section 9502'' and inserting
``section 5502'';
(II) in subsection (b), by striking
``section 9501'' and inserting
``section 5501''; and
(III) in subsection (d), by striking
``No Child Left Behind Act of 2001''
and inserting ``Student Success Act''.
(B) Subpart 2 of part e of title v.--
(i) Transfer and redesignation.--Sections
9531, 9533, and 9534 (20 U.S.C. 7911; 7913;
7914) are--
(I) transferred to title V, as
amended by subparagraph (A) of this
paragraph;
(II) inserted after section 5525 of
such title; and
(III) redesignated as sections 5526
through 5528, respectively.
(ii) Amendments.--Section 5528 (as so
redesignated) is amended--
(I) by striking ``(a) In General.--
Nothing'' and inserting ``Nothing'';
and
(II) by striking subsection (b).
(C) Subpart 3 of part e of title v.--Sections 9522,
9523, 9524, and 9525 (20 U.S.C. 7902; 7903; 7904; 7905)
are--
(i) transferred to title V, as amended by
subparagraph (B) of this paragraph;
(ii) inserted after section 5544 of such
title; and
(iii) redesignated as sections 5545 through
5548, respectively.
(2) Title iv.--Sections 4141 and 4155 (20 U.S.C. 7151; 7161)
are--
(A) transferred to title V, as amended by paragraph
(1) of this subsection;
(B) inserted after section 5548 (as so redesignated
by paragraph (1)(C)(iii) of this subsection); and
(C) redesignated as sections 5549 and 5550,
respectively.
SEC. 202. REPEAL.
Title IX (20 U.S.C. 7801 et seq.), as amended by section 201(b)(1) of
this title, is repealed.
SEC. 203. OTHER LAWS.
Beginning on the date of the enactment of this Act, any reference in
law to the term ``highly qualified'' as defined in section 9101 of the
Elementary and Secondary Education Act of 1965 shall be treated as a
reference to such term under section 9101 of the Elementary and
Secondary Education Act of 1965 as in effect on the day before the date
of the enactment of this Act.
SEC. 204. AMENDMENT TO IDEA.
Section 602 of the Individuals with Disabilities Education Act (20
U.S.C. 1401) is amended by striking paragraph (10).
Purpose
H.R. 3989, the Student Success Act, amends the Elementary
and Secondary Education Act of 1965 to support state and local
accountability for public education, provide important
information to parents on their schools' and students'
performance, enhance local flexibility, protect taxpayers'
investments in education, and strengthen state and local
autonomy.
Committee Action
H.R. 3989 is one of the final pieces in a series of
legislation the Committee on Education and the Workforce has
considered in the 112th Congress to reauthorize the Elementary
and Secondary Education Act (ESEA). The bill builds upon the
committee's efforts to examine federal investments and reduce
the federal role in elementary and secondary education
programs.
108TH CONGRESS
Hearings--first session
On September 29, 2003, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Denver, CO, on ``Keeping Schools Safe--the Implementation of
No Child Left Behind's Persistently Dangerous Schools
Provision.'' The purpose of the hearing was to learn how the
implementation of the ``persistently dangerous schools''
provision, which allows parents to transfer their children out
of dangerous schools, impacted schools, and communities.
Testifying before the subcommittee were: Mr. William J.
Moloney, Commissioner of Education, Colorado Department of
Education, Denver, CO; Mr. David B. Smith, Director of
Prevention Initiatives, Colorado Department of Education,
Denver, CO; The Honorable Bob Schaffer, President, Colorado
Alliance for Reform in Education, Denver, CO; Ms. Gloria
Zradicka, Policy Analyst, Education Commission of the States,
Denver, CO; Senator John K. Andrews, Jr., President of the
Senate, Colorado State Senate, Denver, CO; and Ms. Vicki Ware,
Parent, Denver, CO.
On October 20, 2003, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Taylors, SC, on ``No Child Left Behind's Education Choice
Provisions: Are States and School Districts Giving Parents the
Information They Need?'' The purpose of the hearing was to
discuss how the public school choice and supplemental education
services provisions in the No Child Left Behind Act were being
implemented at the state and local level. Testifying before the
subcommittee were: Ms. Nina S. Rees, Deputy Under Secretary,
Office of Innovation and Improvement, U.S. Department of
Education, Washington, DC; Mrs. Wanda Rushing-Jones,
Coordinator, Federal Programs Unit, South Carolina Department
of Education, Columbia, SC; Dr. William E. Harner,
Superintendent, Greenville County School District, Greenville,
SC; Mr. George Waggoner, Parent, retired Tech. Sergeant (E6),
U.S. Air Force, Greenville, SC; and Dr. Dana Jeffrey, Vice
President of Strategic Sales, Lightspan, Denver, CO.
Second session
On March 3, 2004, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Improving Results for Children with Disabilities.'' The
purpose of the hearing was to gain insight into the importance
of including students with disabilities in state accountability
systems under No Child Left Behind. Testifying before the
committee were: Ms. Ricki Sabia, Parent, Associate Director of
Public Policy, National Down Syndrome Society, Silver Spring,
MD; Dr. Jane Rhyne, Assistant Superintendent for Exceptional
Children, Charlotte-Mecklenburg Schools, Charlotte, NC; Dr. Pia
Durkin, Superintendent of Schools, Narragansett School System,
Narragansett, RI; and Dr. Martha Thurlow, Director, National
Center on Education Outcomes, University of Minnesota,
Minneapolis, MN.
On March 8, 2004, the Committee on Education and the
Workforce held a field hearing in Columbus, OH, on ``The Status
of No Child Left Behind Implementation in Ohio.'' The purpose
of the hearing was to gain local insights into the
implementation and consequences of No Child Left Behind.
Testifying before the committee were: Mr. Ron Tomalis,
Counselor to the Secretary, U.S. Department of Education,
Washington, DC; Dr. Richard A. Ross, Superintendent,
Reynoldsburg City Schools, Reynoldsburg, OH; Dr. Howard
Fleeter, Partner, Levin, Driscoll & Fleeter, Columbus, OH; and
Mr. Ted Rebarber, President, Accountability Works, Washington,
DC.
On April 15, 2004, the Committee on Education and the
Workforce held a field hearing in Augusta, GA, on ``No Child
Left Behind: Improving Academic Achievement Through Flexibility
& Accountability for Schools.'' The purpose of the hearing was
to gain local perspectives on the implementation and
consequences of No Child Left Behind. Testifying before the
committee were: Dr. Gene Hickok, Under Secretary of Education,
U.S. Department of Education, Washington, DC; Ms. Kathy Cox,
Superintendent of Schools, State of Georgia, Atlanta, GA; and
Dr. Jeff McDaniel, Director of School Improvement & Federal
Programs, Floyd County Board of Education, Rome, GA.
On April 21, 2004, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``The Importance
of Highly Qualified Teachers in Raising Academic Achievement.''
The purpose of the hearing was to discuss the importance of
highly qualified teachers in improving academic achievement for
all students regardless of race, income, geography, English
fluency, or disability. Testifying before the committee were:
Ms. Gaynor McCown, Executive Director, The Teaching Commission,
New York, NY; Mr. Kurt Landgraf, President and CEO, Educational
Testing Service, Princeton, NJ; Mr. Ross Wiener, Policy
Director, The Education Trust, Washington, DC; Ms. Eileen
Mitchell, Elementary School Teacher, P.S. 31--the William T.
Davis School, Staten Island, NY; and Mr. Tracey Bailey, 1993
National Teacher of the Year, Director of National Projects,
Association of American Educators, Fredericksburg, VA.
On May 24, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
field hearing in Las Vegas, NV, on ``H.R. 2649, the Schools
Safely Acquiring Faculty Excellence Act of 2003.'' The purpose
of this legislative hearing was to gain local perspectives on
the Schools Safely Acquiring Faculty Excellence Act of 2003.
Testifying before the subcommittee were: Dr. George Ann Rice,
Associate Superintendent, Human Resources Division, Clark
County Schools, Las Vegas, NV; Ms. Carol Lark, Principal, C.P.
Squires Elementary School, North Las Vegas, NV; and Mrs. D.J.
Stutz, President, Nevada State PTA, member, Board of the
National PTA, Las Vegas, NV.
On May 27, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
field hearing in Phoenix, AZ, on ``Highly Qualified Teachers
and Raising Student Achievement.'' The purpose of the hearing
was to discuss the importance of highly qualified teachers in
improving academic achievement for all students regardless of
race, income, geography, English-fluency, or disability.
Testifying before the subcommittee were: Mr. Raymond Simon,
Assistant Secretary, Office of Elementary and Secondary
Education, U.S. Department of Education, Washington, DC; Dr.
Karen Butterfield, Deputy Associate Superintendent, Innovative
and Exemplary Programs, Arizona Department of Education,
Phoenix, AZ; Dr. Laura Palmer Noone, President, University of
Phoenix, Phoenix, AZ; and Dr. Lewis C. Solmon, Executive Vice
President and Director, Teacher Advancement Programs, Milken
Family Foundation, Santa Monica, CA.
On June 23, 2004, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Raising Student Achievement in America's Big City
Schools.'' The purpose of the hearing was to look at how No
Child Left Behind was helping improve student academic
achievement in the nation's urban schools. Testifying before
the committee were: Dr. Michael D. Casserly, Executive
Director, Council of Great City Schools, Washington, DC; Dr.
Margaret Raymond, Director, Center for Research on Education
Outcomes, Hoover Institution, Stanford University, Stanford,
CA; Mr. Paul Vallas, Chief Executive Officer, School District
of Philadelphia, Philadelphia, PA; and Dr. Marcus Newsome,
Superintendent, Newport News County Public Schools, Newport
News, VA.
On September 28, 2004, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
hearing in Washington, DC, on ``H.R. 2649, the Schools Safely
Acquiring Faculty Excellence Act.'' The purpose of this
legislative hearing was to hear testimony on H.R. 2649, the
Schools Safely Acquiring Faculty Excellence Act of 2003.
Testifying before the subcommittee were: Ms. Barbara Belak,
Assistant to the Associate Superintendent for Human Resources,
Clark County Schools, Las Vegas, NV; Ms. Donna Uzzell,
Director, Criminal Justice Information Services, Florida
Department of Law Enforcement, Tallahassee, FL; Dr. William
Dean, Superintendent, Frederick County Public Schools,
Winchester, VA; and Chief Butch Asselin, Member, Fight Crime:
Invest in Kids, Washington, DC.
109TH CONGRESS
Hearings--first session
On April 26, 2005, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Supplemental Tutoring for Children in Underachieving
Schools.'' The purpose of the hearing was to examine strategies
for maintaining high expectations of tutoring providers
offering federally funded supplemental educational services,
while also ensuring federal tutoring funds are spent
responsibly. Testifying before the committee were: Ms. Donna
Nola-Ganey, Assistant Superintendent, Office of School and
Community Support, Louisiana Department of Education, Baton
Rouge, LA; Mr. Kevin Teasley, Founder and President, GEO
Foundation, Indianapolis, IN; Mr. Jeffrey Cohen, President,
Catapult Learning, Inc., Baltimore, MD; and Ms. Beth Swanson,
Director, Office of After School and Community Programs,
Chicago Public Schools, Chicago, IL.
On May 17, 2005, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``High School
Reform: Examining State and Local Efforts.'' The purpose of the
hearing was to examine state and local strategies for reforming
high schools. Testifying before the committee were: The
Honorable W. Mitt Romney, Governor, Commonwealth of
Massachusetts, Boston, MA; and The Honorable Thomas Vilsack,
Governor, State of Iowa, Des Moines, IA.
On May 19, 2005, the Committee on Education and the
Workforce Subcommittee on 21st Century Competitiveness held a
hearing in Washington, DC, on ``Challenges to American
Competitiveness in Math and Science.'' The purpose of the
hearing was to learn about the challenges to American
competitiveness in math and science. Testifying before the
subcommittee were: Mr. Norm Augustine, retired Chairman and
Chief Executive Officer, Lockheed Martin Corporation, Bethesda,
MD; Dr. Thomas Magnanti, Dean, School of Engineering,
Massachusetts Institute of Technology, Cambridge, MA; Ms. June
Streckfus, Executive Director, Maryland Business Roundtable for
Education, Baltimore, MD; and Dr. Nancy Songer, Professor of
Science Education and Learning Technologies, University of
Michigan, Ann Arbor, MI.
On June 9, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, DC, on ``The Role of Non-Profit Organizations in
State and Local High School Reform Efforts.'' The purpose of
the hearing was to gain perspectives on the role of non-profit
organizations in state and local high school reform efforts.
Testifying before the subcommittee were: Mr. Tom Vander Ark,
Executive Director, Education, Bill and Melinda Gates
Foundation, Seattle, WA; Ms. Deborah Howard, Program Director,
School Improvement, KnowledgeWorks Foundation, Cincinnati, OH;
and Mr. Andres Henriquez, Program Officer, Education Division,
Carnegie Corporation of New York, New York, NY.
On June 28, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, DC, on ``How the Private Sector is Helping States
and Communities Improve High School Education.'' The purpose of
the hearing was to examine how the private sector is helping
states and communities improve high school education.
Testifying before the subcommittee were: Mr. Bill A. Shore,
Director of U.S. Community Partnerships, GlaxoSmithKline,
Research Triangle Park, NC; Ms. Sarah Revi Sterling, Program
Manager, University Relations, Microsoft Corporation, Redmond,
WA; Mr. Mike Watson, Vice Chairman, BellSouth Foundation,
Atlanta, GA; and Dr. Phyllis Hudecki, Executive Director,
Oklahoma Business and Education Coalition, Oklahoma City, OK.
On September 29, 2005, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Closing the
Achievement Gap in America's Schools: the No Child Left Behind
Act.'' The purpose of the hearing was to examine strategies for
closing the achievement gap in America's schools. Testifying
before the committee were: The Honorable Margaret Spellings,
Secretary of Education, U.S. Department of Education,
Washington, DC; Dr. Deborah Jewell-Sherman, Superintendent,
Richmond Public Schools, Richmond, VA; and Ms. Kati Haycock,
Director, The Education Trust, Washington, DC.
On November 17, 2005, the Committee on Education and the
Workforce Subcommittee on Education Reform held a hearing in
Washington, DC, on ``Combating Methamphetamines Through
Prevention and Education.'' The purpose of the hearing was to
examine the federal role in shaping a response to the
methamphetamine problem through the Safe and Drug Free Schools
and Communities Act and other federal programs. Testifying
before the subcommittee were: The Honorable Mark Souder, U.S.
House of Representatives, Third District, Indiana; The
Honorable Darlene Hooley, U.S. House of Representatives, Fifth
District, Oregon; The Honorable Mary Ann Solberg, Deputy
Director, Office of National Drug Control Policy, Executive
Office of the President, Washington, DC; Dr. Richard Spoth,
Director, Partnerships in Prevention Science Institute, Iowa
State University, Ames, IA; The Honorable John Icenogle,
District Judge, District 9, Buffalo County, NE; and Ms. Cristi
Cain, State Coordinator, Kansas Methamphetamine Prevention
Project, Topeka, KS.
Second session
On May 3, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Building
American Competitiveness: Examining the Scope and Success of
Existing Federal Math and Science Programs.'' The purpose of
the hearing was to examine federal math and science programs
and learn about their impact and effectiveness. Testifying
before the committee were: The Honorable Tom Luce, Assistant
Secretary, Office of Planning, Evaluation, and Policy
Development, U.S. Department of Education, Washington, DC; Ms.
Cornelia Ashby, Director of Education, Workforce, and Income
Security Issues, U.S. Government Accountability Office,
Washington, DC; and Mr. Bill Archey, President and Chief
Executive Officer, American Electronics Association,
Washington, DC.
On May 18, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: How Innovative Educators Are Integrating Subject Matter
to Improve Student Achievement.'' The purpose of the hearing
was to examine what methods are being employed to integrate
math and reading instruction into the general education
curriculum with the intent of improving student achievement.
Testifying before the committee were: Mr. Garrett W. Lydic,
2006 State Teacher of the Year, North Laurel Elementary School,
Laurel, DE; Mr. Rick Holt, Principal, Lewiston K-8 School,
Lewiston, MI; Dr. Mickey Garrison, Principal, Fullerton IV
Elementary School, Roseburg, OR; Ms. Betsy Ablott, Teacher,
Science Focus School, Arlington, VA; and Mr. Ray Zeigler, Co-
Director, Maryland Artist/Teacher Institute, Maryland State
Department of Education, Baltimore, MD.
On June 13, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Disaggregating Student Achievement by Subgroups to
Ensure All Students Are Learning.'' The purpose of the hearing
was to examine the consequences of disaggregating student
achievement data by subgroups. Testifying before the committee
were: The Honorable Raymond Simon, Deputy Secretary of
Education, U.S. Department of Education, Washington, DC; Dr.
Cynthia Kuhlman, Principal, Centennial Place Elementary School,
Atlanta, GA; Dr. Ronald A. Peiffer, Deputy State
Superintendent, Maryland State Department of Education,
Baltimore, MD; and Mr. John C. Brittain, Chief Counsel and
Deputy Director, Lawyers Committee for Civil Rights Under Law,
Washington, DC.
On July 12, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Ensuring High Academic Achievement for Limited English
Proficient Students and Students with Disabilities.'' The
purpose of the hearing was to examine how students with
disabilities and limited English proficient students are
evaluated, how effective those evaluation measures are, and
whether there is enough flexibility granted to states and
school districts by the Department of Education with regard to
these student subgroups. Testifying before the committee were:
Ms. Rachel Quenemoen, Senior Research Fellow, National Center
on Educational Outcomes, University of Minnesota, Minneapolis,
MN; Mr. Don Soifer, Executive Vice President, Lexington
Institute, Arlington, VA; Ms. Margaret McLeod, Executive
Director, Office of Bilingual Education, District of Columbia
Public Schools, Washington, DC; Ms. Kristine Neuber, Doctoral
Student, Graduate School of Education, George Mason University,
Fairfax, VA; and Mr. Keith Buchanan, Office Coordinator,
English for Speakers of Other Languages, Fairfax County Public
Schools, Falls Church, VA.
On July 27, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: Can Growth Models Ensure Improved Education for All
Students.'' The purpose of the hearing was to evaluate the
implications of using growth models to determine if schools are
making adequate yearly progress under No Child Left Behind.
Testifying before the committee were: Ms. Marlene S. Shaul,
Director, Education, Workforce, and Income Security Issues,
U.S. Government Accountability Office, Washington, DC; Mr. Joel
I. Klein, Chancellor, New York City Department of Education,
New York, NY; Mr. Reg Weaver, President, National Education
Association, Washington, DC; Ms. Katie Haycock, Director, The
Education Trust, Washington, DC; and Dr. William L. Sanders,
Senior Manager, Value-Added Assessment and Research, SAS
Institute Inc., Cary, NC.
On August 28, 2006, the Committee on Education and the
Workforce Subcommittee on Education Reform held a field hearing
in Chicago, IL, on ``No Child Left Behind: Successes and
Challenges of Implementation in Urban and Suburban Schools.''
The purpose of the hearing was to discuss what improvements
could be made to assist the implementation of No Child Left
Behind in urban and suburban schools. Testifying before the
subcommittee were: Dr. Henry Johnson, Assistant Secretary, U.S.
Department of Education, Washington, DC; Mr. Arne Duncan, Chief
Executive Officer, Chicago Public Schools, Chicago, IL; Dr.
Darlene J. Ruscitti, Regional Superintendent, DuPage Regional
Office of Education, Wheaton, IL; Dr. Paul Kimmelman, Senior
Advisor, Office of the Chief Executive Officer, Learning Point
Associates, Naperville, IL; and Ms. Dianne Piche, Executive
Director, Citizens' Commission on Civil Rights, Washington, DC.
On September 21, 2006, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``No Child Left
Behind: How Can We Increase Parental Awareness of Supplemental
Education Services?'' The purpose of the hearing was to examine
the challenges and successes of implementation of the
supplemental educational services provisions under the No Child
Left Behind Act. Testifying before the committee were: Mr.
Morgan Brown, Assistant Deputy Secretary, Office of Innovation
and Improvement, U.S. Department of Education, Washington, DC;
Ms. Cornelia Ashby, Director, Education, Workforce, and Income
Security Issues, U.S. Government Accountability Office,
Washington, DC; Dr. Stephen Barr, Associate Superintendent,
Center for School Improvement, Ohio Department of Education,
Columbus, OH; Ms. Erica Harris, Manager, Academic After School
Programs, Chicago Public Schools, Chicago, IL; Dr. Barbara
Anderson, Vice President of Education, Knowledge Learning
Corporation, School Partnerships, Washington, DC; and Ms.
Monique Dollonne, Parent of a Supplemental Educational Services
Student, Ventura, CA.
Legislative action--first session
On October 7, 2005, Rep. John Boehner (R-OH), Rep. Tom
DeLay (R-TX), Rep. Roy Blunt (R-MO), Rep. Sam Johnson (R-TX),
Rep. John Kline (R-MN), Rep. Kenny Marchant (R-TX), Rep.
Virginia Foxx (R-NC), Rep. Chris Chocola (R-IN), Rep. John
Doolittle (R-CA), Rep. Jeff Flake (R-AZ), Rep. Trent Franks (R-
AZ), Rep. Patrick McHenry (R-NC), Rep. Mike Pence (R-IN), Rep.
Pete Sessions (R-TX), Rep. John Shadegg (R-AZ), and Rep. Todd
Tiahrt (R-KS) introduced H.R. 4018, the Setting Priorities in
Spending Act of 2005. The bill repealed 14 ineffective
elementary and secondary education programs, including: Ready
to Learn Television; Star Schools Act; Ready to Teach; Foreign
Language Assistance Act of 2001; Community Technology Centers;
Educational, Cultural, Apprenticeship, and Exchange Programs
for Alaska Natives, Native Hawaiians, and their Historical
Whaling and Trading Partners in Massachusetts; Arts in
Education; and Women's Educational Equity.
110TH CONGRESS
Hearings--first session
On March 13, 2007, the Committee on Education and Labor
held a joint hearing with the Senate Committee on Health,
Education, Labor and Pensions in Washington, DC, on
``Elementary and Secondary Education Act Reauthorization:
Improving NCLB to Close the Achievement Gap.'' The purpose of
the hearing was to examine methods for closing the achievement
gap and approaching reauthorization of the Elementary and
Secondary Education Act. Testifying before the committees were:
Mr. Roy Barnes, Co-Chair, Aspen Institute Commission on No
Child Left Behind and former Governor of Georgia, Washington,
DC; Ms. Elizabeth Burmaster, President, Council of Chief State
School Officers, Madison, WI; Mr. Michael Casserly, Executive
Director, Council of Great City Schools, Washington, DC; Mr.
Wade J. Henderson, President and Chief Executive Officer,
Leadership Conference on Civil Rights, Washington, DC; Mr.
Edward J. McElroy, President, American Federation of Teachers,
Washington, DC; Mr. Arthur J. Rothkopf, Senior Vice President,
Business Coalition for Student Achievement, Washington, DC; and
Mr. Reg Weaver, President, National Education Association,
Washington, DC.
On March 21, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ``ESEA Reauthorization:
Options for Improving NCLB's Measures of Progress.'' The
purpose of the hearing was to discuss options for reforming the
current definition of adequate yearly progress. Testifying
before the committee were: Dr. Harold C. Doran, Senior Research
Scientist, American Institutes for Research, Washington, DC;
Dr. Chrys Dougherty, Director of Research, National Center for
Educational Accountability, Austin, TX; Mr. Peter McWalters,
Commissioner, Rhode Island Department of Education, Providence,
RI; Mr. Allan Olson, Co-Founder and Chief Academic Officer,
Northwest Evaluation Association, Lake Oswego, OR; and Ms.
Valerie Woodruff, Secretary, Delaware Department of Education,
Dover, DE.
On March 23, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Impact of NCLB
on English Language Learners.'' The purpose of the hearing was
to learn how NCLB is working for English Language Learner
students and what needs to be done to improve student
achievement. Testifying before the subcommittee were: Ms.
Cornelia M. Ashby, Director, Education, Workforce, and Income
Security Issues, U.S. Government Accountability Office,
Washington, DC; Dr. Beverly L. Young, Assistant Vice
Chancellor, Teacher Education and Public School Program,
California State University, Long Beach, CA; Mr. Peter Zamora,
Regional Counsel, Mexican American Legal Defense and
Educational Fund, Washington, DC; Ms. Francisca Sanchez,
Assistant Superintendent for Curriculum and Instruction, San
Bernardino County Superintendent of Schools, San Bernardino,
CA; and Ms. Marta Guzman, Principal, Oyster Bilingual
Elementary School, Washington, DC.
On March 29, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``How NCLB
Affects Students with Disabilities.'' The purpose of the
hearing was to determine how students with disabilities are
affected by certain provisions under No Child Left Behind.
Testifying before the subcommittee were: Dr. Rebecca H. Cort,
Deputy Commissioner, Office of Vocational and Educational
Services for Individuals with Disabilities, New York State
Department of Education, Albany, NY; Dr. Michael L. Hardman,
Professor and Chair, Department of Special Education and
Department of Teaching and Learning, University of Utah, Salt
Lake City, UT; Dr. William Henderson, Principal, O'Hearn
Elementary School, Boston, MA; Ms. Rachel Quenemoen, Technical
Assistance Team Leader, National Center on Education Outcomes,
University of Minnesota, Minneapolis, MN; and Dr. Jane Rhyne,
Assistant Superintendent, Programs for Exceptional Children,
Charlotte-Mecklenburg School System, Charlotte, NC.
On April 12, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Flint, MI, on ``Local
Perspectives on the No Child Left Behind Act.'' The purpose of
the hearing was to gain local perspectives on the No Child Left
Behind Act. Testifying before the subcommittee were: Mr. Steve
Burroughs, President, United Teachers of Flint, on behalf of
the National Education Association, Flint, MI; Ms. Andrea
Debardelaben, Parent, Flint, MI; Mr. Jan D. Russell, Assistant
Superintendent, Genesee Intermediate School District, Flint,
MI; Mr. David Solis, Director of State, Federal, and Local
Programs, on behalf of Dr. Walter Milton Jr., Superintendent,
Flint Community Schools, Flint, MI; and Mr. Donald Tilley,
Social Studies Department Chair, Central High School, Flint,
MI.
On April 18, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Supplemental
Education Services Under the No Child Left Behind Act: How to
Improve Quality and Access.'' The purpose of the hearing was to
understand how supplemental education services are working and
whether they can be better implemented or improved. Testifying
before the subcommittee were: Ms. Cornelia M. Ashby, Director,
Education, Workforce, and Income Security Issues, U.S.
Government Accountability Office, Washington, DC; Ms. Ann E.
Chafin, Assistant State Superintendent for Student, Family, and
School Support, Maryland State Department of Education,
Baltimore, MD; Ms. Ruth D. Murray, Director, Federal Grants,
Newport News Public Schools, Newport News, VA; Ms. Dianne M.
Piche, Executive Director, Citizens' Commission on Civil
Rights, Washington, DC; and Ms. Monica M. Roberts, Director,
Office of Federal and State Programs, Boston Public Schools,
Boston, MA.
On April 20, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ''Mismanagement and
Conflicts of Interest in the Reading First Program.'' The
purpose of the hearing was to investigate instances of
mismanagement and uncover conflicts of interest in the Reading
First Program. Testifying before the committee were: Mr.
Christopher J. Doherty, former Program Director, Reading First,
U.S. Department of Education, Washington, DC; Dr. Roland Good,
Associate Professor, University of Oregon, Eugene, OR; Mr. John
P. Higgins, Inspector General, U.S. Department of Education,
Washington, DC; Dr. Edward Kame'enui, Commissioner of the
National Center for Special Education Research, U.S. Department
of Education, Washington, DC; Ms. Starr Lewis, Associate
Commissioner, Kentucky Department of Education, Frankfort, KY;
and Dr. Deborah C. Simmons, Professor of Special Education,
Texas A&M University, College Station, TX.
On April 23, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ``NCLB: Preventing
Dropouts and Enhancing School Safety.'' The purpose of the
hearing was to examine strategies for preventing dropouts and
listening to testimony on how to improve school safety.
Testifying before the committee were: Dr. Maria Robledo
Montecel, Executive Director, Intercultural Development
Research Association, San Antonio, TX; Dr. Jane Norwood, Vice-
Chair, North Carolina State Board of Education, Raleigh, NC;
Mr. Kenneth M. Smith, President, Jobs for America's Graduates,
Alexandria, VA; Mr. Kenneth S. Trump, President and Chief
Executive Officer, National School Safety and Security
Services, Inc., Cleveland, OH; and The Honorable Bob Wise,
President, Alliance for Excellent Education and former Governor
of West Virginia, Washington, DC.
On April 27, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in San Rafael, CA, on
``Improving the No Child Left Behind Act's Accountability
System.'' The purpose of the hearing was to gain local
perspectives on accountability provisions within No Child Left
Behind. Testifying before the subcommittee were: Ms. Melanie
Blake, Teacher, Sonoma Valley High School, Sonoma, CA; Mr. Pepe
Gonzalez, Vice Principal, Venetia Valley K-8 School, San
Rafael, CA; Dr. Sharon E. Liddell, Superintendent, Santa Rosa
City Schools, Santa Rosa, CA; Ms. Elizabeth W. Schott,
Principal, McDowell Elementary School, Petaluma, CA; and Dr.
Fred Tempes, Senior Program Director, WestEd, San Francisco,
CA.
On April 28, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Sacaton, AZ, on ``The No
Child Left Behind Act's Impact on Indian Education.'' The
purpose of the hearing was to explore how certain provisions of
No Child Left Behind affect Indian Education. Testifying before
the subcommittee were: Dr. Roger Bordeaux, Director,
Association of Community Tribal Schools, Agency Village, SD;
Dr. Willard S. Gilbert, President-elect, National Indian
Education Association, Washington, DC; Mr. Tom Miller, Member,
Board of Directors, Sault Ste. Marie Tribe of Chippewa Indians,
Sault Ste. Marie, MI; Mr. William R. Rhodes, Governor, Gila
River Indian Community, Sacaton, AZ; and Mr. Wendsler Nosie,
Sr., Chairman, San Carlos Apache Tribe, San Carlos, AZ.
On May 10, 2007, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Accountability for the
Department of Education's Oversight of Student Loans and the
Reading First Program.'' The purpose of the hearing was to
investigate unethical practices in the student loan industry
and the Reading First program. Testifying before the committee
was The Honorable Margaret Spellings, Secretary, U.S.
Department of Education, Washington, DC.
On May 11, 2007, the Committee on Education and Labor held
a hearing in Washington, DC, on ``ESEA Reauthorization:
Boosting Quality in the Teaching Profession.'' The purpose of
the hearing was to examine methods of ensuring teacher quality
in every classroom. Testifying before the committee were: Ms.
Joan Bibeau, Member, Education Minnesota, Teacher, Eagleville
Elementary School, Leech Lake Reservation, MN; Dr. Joseph P.
Burke, Superintendent of Schools, Springfield Public Schools,
Springfield, MA; Dr. Jack D. Dale, Superintendent, Fairfax
County Public Schools, Fairfax, VA; Mr. Joel I. Klein,
Chancellor, New York City Department of Education, New York,
NY; Ms. Valdine McLean, Teacher, Pershing County High School,
Lovelock, NV; Mr. John D. Podesta, President and Chief
Executive Officer, Center for American Progress, Washington,
DC; Dr. Gary W. Ritter, Associate Professor, Endowed Chair in
Education Policy, Department of Education Reform, College of
Education and Health Professions, University of Arkansas,
Fayetteville, AR; and Dr. Jarvis Sanford, Principal, Dodge
Renaissance Academy, Chicago, IL.
On May 14, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in King of Prussia, PA, on
``Examining Local Perspectives on the No Child Left Behind
Act.'' The purpose of the hearing was to gain local
perspectives on the consequences of No Child Left Behind.
Testifying before the subcommittee were: Dr. Leslye S. Abrutyn,
Superintendent, Penn Delco School District, Aston, PA; Dr.
Theodore Hershberg, Public Policy and History Director, Center
for Greater Philadelphia and Operation Public Education,
University of Pennsylvania, Philadelphia, PA; Mr. Joe Howell,
Principal, Norristown Area High School, Norristown, PA; Mr.
Stephen Kozol, Chair, Department of Social Studies, Upper
Merion Area High School, King of Prussia, PA; and Mr. Anthony
C. Stevenson, incoming Principal, Radnor Middle School, Radnor
Township, PA.
On May 17, 2007, the Committee on Education and Labor
Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness held a hearing in Washington, DC, on
``Preparing Teachers for the Classroom: The Role of the Higher
Education Act and No Child Left Behind.'' The purpose of the
hearing was to examine the role the federal government can play
in preparing teachers for the classroom. Testifying before the
subcommittee were: Dr. Daniel Fallon, Director, Program in
Higher Education, Carnegie Corporation of New York, New York,
NY; Dr. Emily Feistritzer, President, National Center for
Alternative Certification and the National Center for Education
Information, Washington, DC; Dr. Sharon P. Robinson, President
and Chief Executive Officer, American Association of Colleges
for Teacher Education, Washington, DC; Mr. George A. Scott,
Director, Education, Workforce, and Income Security Issues,
U.S. Government Accountability Office, Washington, DC; and Dr.
Janice Wiley, Deputy Director, Region One Education Service
Center, Edinburg, TX.
On June 7, 2007, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on
``Reauthorization of the Elementary and Secondary Education
Act: Current and Prospective Flexibility under the No Child
Left Behind Act.'' The purpose of the hearing was to hear
perspectives on flexibility under No Child Left Behind.
Testifying before the subcommittee were: Mr. Chester E. Finn,
Jr., President, Thomas B. Fordham Institute, Washington, DC;
Mr. Jack Jennings, President, Center on Education Policy,
Washington, DC; Dr. Carol Johnson, Superintendent, Memphis City
Schools, Memphis, TN; The Honorable Rick Melmer, Secretary,
South Dakota Department of Education, Pierre, SD; and Ms.
Kathleen N. Straus, President, Michigan State Board of
Education, Lansing, MI.
On September 10, 2007, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Reauthorization of the
Elementary and Secondary Education Act of 1965.'' The purpose
of the hearing was to gain feedback on proposed legislation to
reauthorize the Elementary and Secondary Education Act.
Testifying before the committee were: Ms. Germaine Brown,
Teacher, Stewart Street Elementary School, Gadsden County, FL;
Mr. Barry Stark, Principal, Norris Middle School, Firth, NE;
Mr. Jack Jennings, President, Center for Education Policy,
Washington, DC; Dr. Linda Darling-Hammond, Charles Ducommun
Professor of Education, Stanford University, Stanford, CA; Mr.
John Podesta, President and Chief Executive Officer, Center for
American Progress, Washington, DC; Ms. Andrea Messina,
Commissioner, Aspen Institute Commission on NCLB, Washington,
DC; Mr. Kevin Carey, Research and Policy Manager, Education
Sector, Washington, DC; Dr. Billy Cannaday, Superintendent of
Public Instruction, Virginia Department of Education, Richmond,
VA; The Honorable Bob Wise, President, Alliance for Excellent
Education, Washington, DC; Ms. Adria Steinberg, Assistant Vice
President of Youth Transition, Jobs for the Future, Boston, MA;
Mr. James McPartland, Principal Research Scientist, Center for
Social Organization of Schools, John Hopkins University,
Baltimore, MD; Mr. Brian Gong, Executive Director, Center for
Assessment, Dover, NH; Mr. Mike Cohen, President, Achieve Inc.,
Washington, DC; Ms. Janet Bray, Director, Association for
Career and Technical Education, Alexandria, VA; Ms. Nancy
Zirkin, Vice President and Director of Public Policy,
Leadership Conference on Civil Rights, Washington, DC; Mr.
Peter Zamora, Regional Counsel, Mexican American Legal Defense
and Educational Fund, Washington, DC; Ms. Stephanie Jones,
Executive Director, The Urban League, Washington, DC; Mr. Dan
Losen, Senior Education Law and Policy Associate, The Civil
Rights Project, Los Angeles, CA; Ms. Dianne Piche, Executive
Director, Citizens Commission on Civil Rights, Washington, DC;
Ms. Delia Pompa, Vice President of Education Programs, National
Council of La Raza, Washington, DC; Ms. Katie Neas, Director of
Congressional Relations, Easter Seals, Washington, DC; Ms.
Myrna Mandlawitz, Policy Director, Learning Disabilities
Association of America, Washington, DC; Mr. Jon Schnur, Chief
Executive Officer and Co-Founder, New Leaders for New Schools,
New York, NY; Mr. Charles Harris, Co-Founder and Executive
Partner, SeaChange Capital Partner, South Norwalk, CT; Mr.
Nelson Smith, President, National Alliance for Public Charter
Schools, Washington, DC; Mr. Joshua Wyner, Executive Vice
President, Jack Kent Cooke Foundation, Lansdowne, VA; Ms. Sonia
Hernandez Rodriguez, Executive Vice President, National Farm
Workers Service Center, Los Angeles, CA; Mr. John Castellani,
President, Business Roundtable, Washington, DC; Mr. Jim
Kohlmoos, President and Chief Executive Officer, Knowledge
Alliance, Washington, DC; Mr. Mike Petrilli, Vice President for
National Programs and Policy, The Thomas B. Fordham Foundation,
Washington, DC; Ms. MaryKate Hughes, Math Teacher, D.C.
Preparatory Academy, Washington, DC; Ms. Kathleen Rooker,
Principal, Neil Armstrong Elementary School, Port Charlotte,
FL; Mr. Reg Weaver, President, National Education Association,
Washington, DC; Ms. Kati Haycock, Director, The Education
Trust, Washington, DC; Ms. Antonia Cortese, Executive Vice
President, American Federation of Teachers, Washington, DC; Ms.
Frances Bryant Bradburn, Director of Instructional
Technologies, North Carolina Department of Education, Raleigh,
NC; Ms. Mary Kay Sommers, Principal, Shepardson Elementary
School, Fort Collins, CO; Ms. Kristan Van Hook, Senior Vice
President for Public Policy and Development, National Institute
for Excellence in Teaching, Santa Monica, CA; Mr. David Brewer,
Superintendent, Los Angeles Unified School District, Los
Angeles, CA; Ms. Joan Wodiska, Director of Education Policy,
National Governors Association, Washington, DC; Mr. Michael
Casserly, Executive Director, Council of Great City Schools,
Washington, DC; Mr. Paul Houston, Executive Director, American
Association of School Administrators, Arlington, VA; Ms. LaRuth
Gray, Deputy Director, Metropolitan Center for Urban Education,
New York, NY; and Mr. Michael Resnick, Associate Executive
Director, National School Boards Association, Alexandria, VA.
On September 21, 2007, the Committee on Education and Labor
Subcommittee on Higher Education, Lifelong Learning, and
Competitiveness held a field hearing in Pomona, CA, on
``Examining Competitiveness Through Science, Technology,
Engineering and Math.'' The purpose of the hearing was to
examine strategies for improving the delivery of education in
Science, Technology, Engineering, and Math (STEM) classes to
students in the United States. Testifying before the
subcommittee were: Dr. Warren J. Baker, President, California
Polytechnic State University, San Luis Obispo, CA; Dr. Marshall
E. Drummond, Chancellor, Los Angeles Community College
District, Los Angeles, CA; Dr. Susan Hackwood, Executive
Director, California Council on Science and Technology,
Sacramento, CA; Dr. Charles B. Reed, Chancellor, California
State University System, Sacramento, CA; Dr. Frederick A.
Tarantino, President and Chief Executive Officer, Universities
Space Research Association, Columbia, MD; and Dr. Todd Ullah,
Director of Science, Los Angeles Unified School District, Los
Angeles, CA.
Second session
On February 13, 2008, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Modern Public School
Facilities: Investing in the Future.'' The purpose of the
hearing was to highlight the poor quality of public school
buildings, particularly in low-income areas, and federal
investment in public school buildings. Testifying before the
committee were: The Honorable Ben Chandler, U.S. House of
Representatives, Sixth District, Kentucky; The Honorable
Michael Castle, U.S. House of Representatives, At-Large,
Delaware; The Honorable Bob Etheridge, U.S. House of
Representatives, Second District, North Carolina; The Honorable
David Loebsack, U.S. House of Representatives, Second District,
Iowa; The Honorable Charles Boustany, U.S. House of
Representatives, Seventh District, Louisiana; The Honorable
Darlene Hooley, U.S. House of Representatives, Fifth District,
Oregon; The Honorable Steve King, U.S. House of
Representatives, Fifth District, Iowa; The Honorable Rush Holt,
U.S. House of Representatives, Twelfth District, New Jersey;
Ms. Kathleen J. Moore, Director, School Facilities Planning
Division, California Department of Education, Sacramento, CA;
Ms. Judi Caddick, Teacher, Memorial Junior High School,
Illinois Education Association, Lansing, IL; Ms. Mary
Cullinane, Director, Innovation and Business Development Team,
Microsoft Corporation, New York, NY; Dr. Paula Vincent,
Superintendent, Clear Creek Amana School District, Oxford, IA;
Mr. Paul Vallas, Superintendent, Louisiana Recovery School
District, New Orleans, LA; Mr. Jim Waters, Director, Policy and
Communications, Bluegrass Institute for Public Policy
Solutions, Bowling Green, KY; and Mr. Neal McCluskey, Associate
Director, Center for Educational Freedom, CATO Institute,
Washington, DC.
On March 11, 2008, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``After School
Programs: How the Bush Administration's Budget Impacts Children
and Families.'' The purpose of the hearing was to examine the
21st Century Learning Centers program and discuss its progress.
Testifying before the subcommittee were: Mr. Michael J.
Carroll, Chief of Police, West Goshen Township Police
Department, Chester County, PA; Ms. LaDonna Gamble, Interim
Project Director, Bridges to the Future Before and Afterschool
Program's 21st Century Community Learning Center, Flint, MI;
Ms. Theresa Vendrzyk Kough, Education Associate, After School
Programs, Delaware Department of Education, Dover, DE; and Ms.
Priscilla M. Little, Associate Director, Harvard Family
Research Project, Medford, MA.
On May 21, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The National Mathematics
Advisory Panel Report: Foundations for Success.'' The purpose
of the hearing was to discuss the findings of the National Math
Panel's report and how U.S. math education can be improved.
Testifying before the committee were: Mr. John Castellani,
President, Business Roundtable, Washington, DC; Dr. Francis
Fennell, former President, National Council of Teachers of
Mathematics, Reston, VA; Dr. William Haver, Professor of
Mathematics, Virginia Commonwealth University, Richmond, VA;
Ms. Laura Slover, Vice President, Achieve, Inc, Washington, DC;
Dr. Wanda Talley Staggers, Dean of Manufacturing and
Engineering, Anderson School District Five, Anderson, SC; and
Ms. Mary Ann Wolf, Executive Director, State Educational
Technology Directors Association, Glen Burnie, MD.
On July 17, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Mayor and Superintendent
Partnerships in Education: Closing the Achievement Gap.'' The
purpose of the hearing was to examine superintendent
partnerships in education and closing the achievement gap.
Testifying before the committee were: The Honorable Michael R.
Bloomberg, Mayor, City of New York, New York, NY; Mr. Arne
Duncan, Chief Executive Officer, Chicago Public Schools,
Chicago, IL; The Honorable Adrian M. Fenty, Mayor, District of
Columbia, Washington, DC; Dr. Beverly L. Hall, Superintendent,
Atlanta Public Schools, Atlanta, GA; Mr. Joel I. Klein,
Chancellor, New York City Department of Education, New York,
NY; and Ms. Michelle Rhee, Chancellor, District of Columbia
Public Schools, Washington, DC.
On July 22, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Innovation in STEM Education
through Business and Education Partnerships.'' The purpose of
the hearing was to examine innovative business and education
partnerships in Science, Technology, Engineering, and
Mathematics education. Testifying before the committee were:
Dr. Ramona Chang, Director of Curriculum, Torrance Unified
School District, Torrance, CA; Ms. Melendy Lovett, Senior Vice
President and President, Education Technology, Texas
Instruments, Dallas, TX; Mr. Tom Luce, Chief Executive Officer,
National Math and Science Initiative, Dallas, TX; Mr. Phil
Mickelson, Professional Golfer and Cofounder, Mickelson
ExxonMobil Teachers Academy, Rancho Santa Fe, CA; Dr. Carlo
Parravano, Executive Director, Merck Institute for Science
Education, Rahway, NJ; Dr. Sally Ride, President and Chief
Executive Officer, Sally Ride Science, San Diego, CA; Ms.
Patricia Sullivan, Education Solutions Executive, Global
Education Industry at IBM, Armonk, NY; and Mr. Brian H. Wells,
Chief Systems Engineer, Raytheon Co., Waltham, MA.
On July 24, 2008, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Benefits of Physical and
Health Education for Our Nation's Children.'' The purpose of
the hearing was to discuss the problem of childhood obesity,
and the benefits of physical education. Testifying before the
committee were: The Honorable Ron Kind, U.S. House of
Representatives, Third District, Wisconsin; The Honorable Zach
Wamp, U.S. House of Representatives, Third District, Tennessee;
Ms. Lori Rose Benson, Director, Office of Fitness and Health
Education, New York City Department of Education, New York, NY;
Mr. Tim Brown, former NFL all-pro player, National Chairman,
Athletes and Entertainers for Kids, Long Beach, CA; Mr. Robert
Keiser, Student Advisor to Governor Charlie Crist, Council on
Physical Fitness, Tallahassee, FL; Dr. Russell Pate, Associate
Vice President for Health Sciences, Professor, Department of
Exercise Science, Arnold School of Public Health, University of
South Carolina, Columbia, SC; and Mr. Richard Simmons, ASK
America, Beverly Hills, CA.
On September 9, 2008, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Challenges
Facing Bureau of Indian Education Schools in Improving Student
Achievement.'' The purpose of the hearing was to examine
challenges encountered by Bureau of Indian Education schools in
their efforts to improve student achievement. Testifying before
the subcommittee were: Ms. Cornelia Ashby, Director, Education,
Workforce, and Income Security Issues, U.S. Government
Accountability Office, Washington, DC; Ms. Anne Dudro, Chief of
Staff, Office of Elementary and Secondary Education, U.S.
Department of Education, Washington, DC; Dr. Willard Sakiestewa
Gilbert, President, National Indian Education Association,
Washington, DC; Mr. Theodore Hamilton, Executive Director,
Oceti Sakowin Education Consortium, Kyle, SD; and Mr. Stanley
Holder, Chief, Division of Performance and Accountability,
Bureau of Indian Education, U.S. Department of the Interior,
Washington, DC.
Legislative action--first session
On July 12, 2007, Rep. Ben Chandler (D-KY), Rep. George
Miller (D-CA), and Rep. Dale Kildee (D-MI) introduced H.R.
3021, the 21st Century High-Performing Public School Facilities
Act. The bill sought to create a new federal school
construction program. Under the bill, the Secretary of
Education would make grants and low-interest loans to local
educational agencies for the construction, modernization, or
repair of public kindergarten, elementary, and secondary
educational facilities, and for other purposes.
On July 12, 2007, Rep. John Sarbanes (D-MD) introduced H.R.
3036, the No Child Left Inside Act of 2007. The bill sought to
amend the Elementary and Secondary Education Act of 1965 to
create new environmental education programs.
On August 1, 2007, Rep. Mazie Hirono (D-HI), Rep. Robert
Andrews (D-NJ), Rep. Susan Davis (D-CA), Rep. George Miller (D-
CA), and Rep. John Tierney (D-MA) introduced H.R. 3289, the
Providing Resources Early for Kids (PRE-K) Act of 2007. The
bill sought to amend the Elementary and Secondary Education Act
of 1965 to create a new early education program.
Second session
On April 30, 2008, the Committee on Education and Labor
considered H.R. 3021, the 21st Century High-Performing Public
School Facilities Act, in legislative session, and reported the
bill favorably, as amended, to the House of Representatives by
a vote of 28-19.
The committee considered and adopted the following
amendment to H.R. 3021:
Rep. Dave Loebsack (D-IA) and Rep. Dale Kildee (D-
MI) offered an amendment in the nature of a substitute. The
amendment passed by a voice vote.
The committee further considered the following amendments
to H.R. 3021, which were not adopted:
Rep. Howard P. ``Buck'' McKeon (R-CA) offered an
amendment to strike the provision subjecting new school
construction projects to the requirements of the Davis-Bacon
Act. The amendment failed by a vote of 16-27.
Rep. Mike Castle (R-DE) offered an amendment
requiring Title I and the Individuals with Disabilities
Education Act (IDEA) to be fully funded before federal
resources could be dedicated to school construction. The
amendment failed by a vote of 20-24.
Rep. Rob Bishop (R-UT) offered an amendment on the
equitable treatment of charter schools. The amendment failed by
a vote of 19-25.
Rep. John Kline (R-MN) offered an amendment to
require local educational agencies to provide military
recruiters with access to secondary student information. The
amendment was ruled not germane by the Chair. A motion to
appeal the ruling of the Chair failed by a vote of 20-25.
Rep. Tom Price (R-GA) offered an amendment
requiring local educational agencies to conduct independent
audits. The amendment failed by a vote of 18-26.
Rep. Tom Price (R-GA) offered an amendment
prohibiting earmarks. The amendment failed by a vote of 21-25.
Rep. Vernon Ehlers (R-MI) offered an amendment
prohibiting the purchase of carbon offsets. The amendment
failed by a vote of 21-25.
Rep. David Davis (R-TN) offered an amendment
requiring local educational agencies to certify compliance with
school prayer provisions. The amendment was ruled not germane
by the Chair. A motion to appeal the ruling of the Chair failed
by a vote of 21-26.
The House of Representatives passed H.R. 3021 on June 4,
2008, by a vote of 250-164. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On June 18, 2008, the Committee on Education and Labor
considered H.R. 3036, the No Child Left Inside Act of 2007, in
legislative session and reported the bill favorably, as
amended, to the House of Representatives by a vote of 37-8.
The committee considered and adopted the following
amendments to H.R. 3036:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment passed by a voice
vote.
Rep. Mike Castle (R-DE) offered an amendment to
require the Administrator of the Environmental Protection
Agency, the Secretary of Education, and the National
Environmental Education Foundation to establish indicators of
program quality for environmental education programs. The
amendment was adopted by a voice vote.
Rep. John Sarbanes (D-MD) offered an amendment to
make technical edits. The amendment was adopted by a voice
vote.
Rep. Vern Ehlers (R-MI) offered an en bloc
amendment to expand the list of subject studies to determine
the effectiveness of environmental education programs and to
allow grantees to conduct studies of national significance. The
amendment was adopted by a voice vote.
Rep. Rush Holt (D-NJ) and Rep. Mark Souder (R-IN)
offered an amendment to allow grantees to coordinate with any
program operated by a federal natural resource management
agency. The amendment was adopted by a voice vote.
Rep. Tim Bishop (D-NY) offered an amendment to
allow grantees to replicate and disseminate information about
proven and tested environmental education programs. The
amendment was adopted by a voice vote.
Rep. Mark Souder (R-IN) offered an amendment to
allow grantees to develop environmental education standards
that include information on the need to balance conservation of
the environment with the development of the nation's energy
resources. The amendment was adopted by a voice vote.
Rep. Yvette Clark (D-NY) offered an amendment to
allow grantees to address environmental justice issues. The
amendment was adopted by a voice vote.
Rep. Tom Price (R-GA) offered an amendment to
clarify that federal funds may not be used to mandate, direct,
or control a state or local educational agency's curriculum or
program of instruction. The amendment was adopted by a voice
vote.
The committee further considered the following amendment to
H.R. 3036, which was not adopted:
Rep. Tom Price (R-GA) offered an amendment on the
environmental benefits of American-made energy. The amendment
failed by a vote of 13-28.
The House of Representatives passed H.R. 3036 on September
18, 2008, by a vote of 293-109. The bill was sent to the Senate
and referred to the Senate Committee on Environment and Public
Works.
On June 25, 2008, the Committee on Education and Labor
considered H.R. 3289, the Providing Resources Early for Kids
(PRE-K) Act of 2007, in legislative session and reported the
bill favorably, as amended, to the House of Representatives by
a vote of 31-11.
The committee considered and adopted the following
amendments to H.R. 3289:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment passed by a voice
vote.
Rep. Phil Hare (D-IL) offered an en bloc amendment
to address the deficiency of pre-K opportunities to children in
rural areas and to increase coordination of state supported
early childhood providers and local educational agencies to
ensure a smooth transition to kindergarten. The amendment
passed by a voice vote.
Rep. Susan Davis (D-CA) offered an amendment to
add an allowable use of funds for instruction and support for
program directors and staff during the first three years of
employment. The amendment passed by a vote of 26-17.
Rep. Dennis Kucinich (D-OH) offered an en bloc
amendment to require states to report on how they are
addressing transportation needs where transportation is a
barrier to accessing state-funded preschool programs and to
require states to coordinate with a state advisory board on
early childhood education or similar entity. The amendment
passed by a voice vote.
Rep. Dennis Kucinich (D-OH) and Rep. Lynn Woolsey
(D-CA) offered an amendment to require states to report on
their activities to expand state-funded preschool programs and
to require the Secretary of Education to report to Congress on
the activities carried out by this bill. The amendment (as
amended) passed by a voice vote.
Rep. Phil Hare (D-IL) offered a secondary
amendment to Reps. Kucinich and Woolsey's amendment to add
rural areas into the reporting requirements. The amendment
passed by a voice vote.
Rep. Ruben Hinojosa (D-TX) offered an amendment
requiring states to provide assurances they will target
resources or strengthen services to English Language Learners.
The amendment passed by a voice vote.
The committee considered the following amendments to H.R.
3289, which were not adopted:
Rep. Howard P. ``Buck'' McKeon (R-CA) offered an
amendment to ensure states invest the resources provided in the
bill to enroll all eligible children in the existing Head Start
program. The amendment was defeated by a vote of 18-25.
Rep. Mike Castle (R-DE) offered an amendment to
align the new pre-K program with Head Start. The amendment was
defeated by a vote of 18-25.
Rep. Charles Boustany (R-LA) offered an amendment
to prioritize services only to low-income children. The
amendment was defeated by a vote of 17-26.
Rep. Tom Price (R-GA) offered an amendment to
allow states to provide parents a choice of preschool
providers. The amendment was defeated by a vote of 14-29.
Rep. Tom Price (R-GA) also offered an amendment
that would require the bill to have offsets. The amendment was
defeated by a vote of 17-26.
Rep. Virginia Foxx (R-NC) and Rep. Tom Price (R-
GA) offered an amendment that would limit federally funded
programs to legal U.S. residents and citizens. The amendment
was defeated by a vote of 18-25.
On September 26, 2008, the House of Representatives passed
H.R. 7110, the Job Creation and Unemployment Relief Act of
2008, introduced by Rep. David Obey (D-WI). H.R. 7110
appropriated $3 billion for public school modernization,
renovation, and repair, similar to the provisions included in
H.R. 3021. The bill was placed on the Senate calendar.
111TH CONGRESS
Hearings--first session
On April 29, 2009, the Committee on Education and Labor
held a hearing in Washington, DC, on ''Strengthening America's
Competitiveness through Common Academic Standards.'' The
purpose of the hearing was to examine how to ensure rigorous
academic standards keep American students competitive.
Testifying before the committee were: Mr. James B. Hunt, Jr.,
Chairman of the Board, James B. Hunt, Jr. Institute for
Educational Leadership and Policy Foundation, former Governor
of North Carolina, Raleigh, NC; Dr. Kenneth James,
Commissioner, Arkansas Department of Education, Little Rock,
AR; Mr. Greg Jones, President and Chief Executive Officer
(retired), State Farm General Insurance, Chairman, California
Business Roundtable, Playa del Rey, CA; Mr. David Levin, Co-
founder, KIPP Schools, New York, NY; and Ms. Randi Weingarten,
President, American Federation of Teachers, New York, NY.
On May 12, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``America's Competitiveness
through High School Reform.'' The purpose of the hearing was to
learn about the challenges facing our nation's high schools in
providing competitive, capable graduates. Testifying before the
committee were: The Honorable Chaka Fattah, U.S. House of
Representatives, Second District, Pennsylvania; The Honorable
Michael Castle, U.S. House of Representatives, At-Large,
Delaware; The Honorable Raul M. Grijalva, U.S. House of
Representatives, Seventh District, Arizona; The Honorable David
P. Roe, U.S. House of Representatives, First District,
Tennessee; Mr. Robert Balfanz, Associate Research Scientist,
Everyone Graduates Center, Johns Hopkins University, Baltimore,
MD; Mr. Scott Gordon, Chief Executive Officer, Mastery Charter
Schools, Philadelphia, PA; Ms. Marguerite Kondracke, President
and Chief Executive Officer, America's Promise Alliance,
Washington, DC; Dr. Vicki Phillips, Director, Education
Initiative, Bill and Melinda Gates Foundation, Seattle, WA; The
Honorable Bob Wise, President, Alliance for Excellent
Education, former Governor of West Virginia, Washington, DC;
and Mr. Michael Wotorson, Executive Director, Campaign for High
School Equity, Washington, DC.
On May 19, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Examining the Abusive and
Deadly Use of Seclusion and Restraint in Schools.'' The purpose
of the hearing was to understand the nature and magnitude of
the practice of abusive restraint and seclusion techniques in
public and private schools. Testifying before the committee
were: Mr. Greg Kutz, Managing Director, Forensic Audits and
Special Investigations, U.S. Government Accountability Office,
Washington, DC; Ms. Toni Price, foster mother of a child
victim, Killeen, TX; Ms. Anne Gaydos, mother of a child victim,
Monument, CO; Ms. Elizabeth Hanselman, Assistant
Superintendent, Special Education and Support Services,
Illinois State Board of Education, Springfield, IL; and Dr.
Reece L. Peterson, Professor of Special Education, University
of Nebraska, Lincoln, NE.
On May 20, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Obama Administration's
Education Agenda.'' The purpose of the hearing was to learn
about the administration's policies and priorities for
education in the coming fiscal year. Testifying before the
committee was the Honorable Arne Duncan, Secretary, U.S.
Department of Education, Washington, DC.
On June 4, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Building on What Works at
Charter Schools.'' The purpose of the hearing was to learn how
states, charter school authorizers, and charter school
providers produce high-quality charter schools and how those
programs can be replicated and brought to scale. Testifying
before the committee were: The Honorable Barbara O'Brien,
Lieutenant Governor, State of Colorado, Denver, CO; Mr. James
Shelton, Assistant Deputy Secretary for Innovation and
Improvement, U.S. Department of Education, Washington, DC; Mr.
Steve Barr, Founder and Chairman, Green Dot Public Schools, Los
Angeles, CA; Dr. John King, Managing Director, Excellence and
Preparatory Network of Uncommon Schools, New York, NY; Mr.
David Dunn, Executive Director, Texas Charter Schools
Association, Austin, TX; and Mr. James Goenner, Executive
Director, The Center for Charter Schools, Central Michigan
University, Mount Pleasant, MI.
On June 16, 2009, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Future of Learning: How
Technology is Transforming Public Schools.'' The purpose of the
hearing was to examine the federal government's role in
promoting the effective use of technology to improve public
education. Testifying before the committee were: Ms. Jennifer
Bergland, Chief Technology Officer, Bryan Independent School
District, Bryan, TX; Mr. Aneesh Chopra, Chief Technology
Officer, White House Office for Science and Technology,
Washington, DC; Dr. Wayne Hartschuh, Executive Director,
Delaware Center for Educational Technology, Delaware Department
of Education, Dover, DE; Mr. Scott Kinney, Vice President Of
Media And Technology, Discovery Education, Silver Spring, MD;
Mr. John McAuliffe, General Manager, Educate Online Learning,
Baltimore, MD; Mr. Abel Alejandro Real, Student, East Carolina
University, Greenville, NC; and Ms. Lisa Short, Middle School
Teacher, Gaithersburg Middle School, Gaithersburg, MD.
On July 8, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a joint hearing with the subcommittee on Healthy
Families and Communities in Washington, DC, on ``Strengthening
School Safety through Prevention of Bullying.'' The purpose of
the hearing was to discuss how the federal government could
support anti-bullying efforts. Testifying before the
subcommittees were: Ms. Jacquelyn Andrews and Ms. Josie
Andrews, daughters of Rep. Rob Andrews (D-NJ); Ms. Rona C.
Kaufmann, Principal, William Penn Senior High School, York, PA;
Dr. Scott Poland, Coordinator, Office of Suicide and Violence
Prevention, Center for Psychological Studies, Nova Southeastern
University, Fort Lauderdale, FL; Mr. Steve Riach, Founder and
Chairman, Heart of a Champion Foundation, Colleyville, TX; Ms.
Cassady Tetsworth, Vice Chair, National SAVE Youth Advisory
Board, Greensboro, NC; Mr. Kenneth S. Trump, President and
Chief Executive Officer, National School Safety and Security
Services, Inc., Cleveland, OH; and Ms. Sirdeaner Walker, parent
of a bullied child, Springfield, MA.
On September 18, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a field hearing in Flint, MI, on ``High School/
College Dual Enrollment Program.'' The purpose of the hearing
was to learn about dual enrollment programs. Testifying before
the subcommittee were: Mr. John Otis Brooks, Student, Mott
Community College, Flint, MI; Dr. Vahid Lotfi, Interim Provost
and Vice Chancellor, Academic Affairs, University of Michigan,
Flint, MI; Dr. M. Richard Shaink, President, Mott Community
College, Flint, MI; Mr. Stephen Skorcz, President and Chief
Executive Officer, Greater Flint Health Coalition, Flint, MI;
Dr. Thomas Svitkovich, Superintendent, Genesee Intermediate
School District, Flint, MI; and Dr. Michael Webb, Associate
Vice President, Early College High School Initiative, Jobs for
the Future, Boston, MA.
On September 30, 2009, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Teacher Equity:
Effective Teachers for All Children.'' The purpose of the
hearing was to examine how to ensure students are taught by
effective teachers. Testifying before the committee were: The
Honorable Chaka Fattah, U.S. House of Representatives, Second
District, Pennsylvania; The Honorable Tom Price, U.S. House of
Representatives, Sixth District, Georgia; Ms. Layla Avila, Vice
President, The New Teacher Project, Brooklyn, NY; Ms. Latanya
Daniels, Assistant Principal, Edison High School, Minneapolis,
MN; Dr. Frederick M. Hess, Director of Education Policy
Studies, American Enterprise Institute, Washington, DC; Dr.
Linda Murray, Executive Director, Education Trust--West,
Oakland, CA; Dr. Marguerite Roza, Research Associate Professor,
Center on Reinventing Public Education, University of
Washington, Seattle, WA; and Mr. Dennis Van Roekel, President,
National Education Association, Washington, DC.
On November 19, 2009, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Improving the
Literacy Skills of Children and Young Adults.'' The purpose of
the hearing was to examine strategies for improving literacy
skills among students. Testifying before the subcommittee were:
Mr. Larry Berger, Co-Founder and Chief Executive Officer,
Wireless Generation, Brooklyn, NY; Ms. Mary Kay Dore, District
Student Support Services Manager, Summit School District,
Frisco, CO; Dr. Leo Gomez, Professor, the University of Texas
Pan American, Officer, the National Association for Bilingual
Education, Edinburg, TX; Mr. Andres Henriquez, Program Officer,
Carnegie Corporation of New York, New York, NY; Dr. Sandra D.
Meyers, Education Associate, Delaware Department of Education,
Dover, DE; and Dr. Dorothy S. Strickland, Professor Emeritus,
Rutgers, the State University of New Jersey, Newark, NJ.
On December 8, 2009, the Committee on Education and Labor
held a hearing in Washington, DC, on ``Improving Our
Competitiveness: Common Core Education Standards.'' The purpose
of the hearing was to take a closer look at the Common Core
State Standards Initiative and how coordinated efforts to
strengthen academic standards can enhance American
competitiveness. Testifying before the committee were: Ms.
Cathy Allen, Vice Chair, St. Mary's County Board of Education,
Leonardtown, MD; Mr. Douglas Kubach, President and Chief
Executive Officer, Pearson Assessment and Information,
Bloomington, MN; The Honorable Bill Ritter Jr., Governor, State
of Colorado, Denver, CO; and Mr. Gene Wilhoit, Executive
Director, Council of Chief State School Officers (CCSSO),
Washington, DC.
Second session
On February 24, 2010, the Committee on Education and Labor
held a legislative hearing in Washington, DC, on ``H.R. 4330,
the All Students Achieving through Reform Act.'' The purpose of
this legislative hearing was to learn how charter school
providers maintain quality in charter schools, what student
populations charter schools serve, and the importance of
keeping charter schools autonomous. The hearing also focused on
H.R. 4430, which would create a new initiative under the
Charter School Program to provide funding for the expansion and
replication of charter schools. Testifying before the committee
were: Ms. Eva Moskowitz, Founder, Success Charter Network, New
York, NY; Ms. Robin J. Lake, Associate Director, Center on
Reinventing Public Education, Seattle, WA; Dr. Thomas Hehir,
Professor of Practice, Harvard Graduate School of Education,
Cambridge, MA; Mr. Greg Richmond, President and Chief Executive
Officer, National Association of Charter School Authorizers,
Chicago, IL; Ms. Eileen Ahern, Director, National Association
of State Directors of Special Education, Alexandria, VA; and
Dr. Caprice Young, President and Chief Executive Officer, KC
Distance Learning, Portland, OR.
On March 3, 2010, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Building a Stronger Economy:
Spurring Reform and Innovation in American Education.'' The
purpose of the hearing was to identify the administration's
priorities for education in the coming fiscal year. Testifying
before the committee was The Honorable Arne Duncan, Secretary,
U.S. Department of Education, Washington, DC.
On March 17, 2010, the Committee on Education and Labor
held a hearing in Washington, DC, on ``The Obama
Administration's Elementary and Secondary Education Act
Reauthorization.'' The purpose of the hearing was to discuss
the administration's blueprint for reauthorization of the
Elementary and Secondary Education Act. Testifying before the
committee was the Honorable Arne Duncan, Secretary, U.S.
Department of Education, Washington, DC.
On March 18, 2010, the Committee on Education and Labor
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Elementary and
Secondary Education Act Reauthorization: Addressing the Needs
of Diverse Students.'' The purpose of the hearing was to
discuss the importance of, and the challenges states and school
districts face in, educating diverse student learners.
Testifying before the subcommittee were: Dr. Daniel Curry,
Superintendent, Lake Forest School District, Kent County, DE;
Dr. Jack Dale, Superintendent, Fairfax County Public Schools,
Fairfax, VA; Ms. Arelis E. Diaz, Assistant Superintendent of
Instruction, Godwin Heights Public Schools, Wyoming, MI; Dr.
David M. Gipp, President, United Tribes Technical College,
Bismarck, ND; Dr. Jacqui Farmer Kearns, Principal Investigator,
National Alternate Assessment Center, Lexington, KY; and Mr.
Michael Wotorson, Executive Director, Campaign for High School
Equity, Washington, DC.
On April 14, 2010, the Committee on Education and Labor
held a hearing in Washington, DC, on ``How Data Can Be Used to
Inform Educational Outcomes.'' The purpose of the hearing was
to examine possible methods for using data to inform and
improve test scores and other educational indicators.
Testifying before the committee were: Ms. Katie Hartley,
Teacher, Value Added Data Specialist, Miami East Junior High
School, Casstown, OH; Mr. Joe Kitchens, Superintendent, Western
Heights School District, Oklahoma City, OK; Mr. Joel R.
Reidenberg, Professor of Law and Founding Academic Director,
Center on Law and Information Policy, Fordham University School
of Law, New York, NY; and Mr. Richard J. Wenning, Associate
Commissioner, Colorado Department of Education, Denver, CO.
On April 15, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a hearing
in Washington, DC, on ``Corporal Punishment in Schools and its
Effect on Academic Success.'' The purpose of the hearing was to
examine corporal punishment in schools and its effect on
academic performance. Testifying before the subcommittee were:
Ms. Jana Frieler, Principal, Overland High School, President-
elect, National Association of Secondary School Principals,
Aurora, CO; Mr. Wynell Gilbert, Teacher, Erwin High School,
Center Point, AL; Dr. Donald E. Greydanus, Professor of
Pediatrics & Human Development, Michigan State University
College of Human Medicine, Pediatrics Program Director,
Michigan State University/Kalamazoo Center for Medical Studies,
Kalamazoo, MI; and Ms. Linda Pee, parent of a student who
received corporal punishment, Hot Springs, AR.
On May 4, 2010, the Committee on Education and Labor held a
hearing in Washington, DC, on ``Supporting America's Educators:
The Importance of Quality Teachers and Leaders.'' The purpose
of the hearing was to look at the importance of quality
teachers and explore ways to support the best educators for the
nation's children. Testifying before the committee were: Ms.
Deborah Ball, Dean, School of Education, University of
Michigan, Ann Arbor, MI; Mr. Tony Bennett, Superintendent of
Public Instruction, Indiana Department of Education,
Indianapolis, IN; Dr. Jeanne M. Burns, Associate Commissioner,
Teacher and Leadership Initiatives, Louisiana Board of Regents,
Baton Rouge, LA; Mr. Jonathan A. Kaplan, President, Walden
University, Minneapolis, MN; Ms. Marie Parker-McElroy, Cluster-
based Instructional Coach, Fairfax County Public Schools,
Fairfax, VA; Dr. Pamela S. Salazar, Assistant Professor,
Department of Educational Leadership, University of Nevada, Las
Vegas, NV; Mr. Christopher J. Steinhauser, Superintendent of
Schools, Long Beach Unified School District, Long Beach, CA;
Ms. Monique Burns Thompson, President, Teach Plus, Boston, MA;
Ms. Randi Weingarten, President, American Federation of
Teachers, New York, NY; and Dr. Marcus A. Winters, Senior
Fellow, Manhattan Institute for Policy Research, New York, NY.
On May 19, 2010, the Committee on Education and Labor held
a hearing in Washington, DC, on ``Research and Best Practices
on Successful School Turnaround.'' The purpose of the hearing
was to discuss school turnaround strategies that improve
struggling schools and protect the best interests of students.
Testifying before the committee were: Ms. Susan E. Bridges,
Principal, A.G. Richardson Elementary School, Culpeper, VA; Dr.
Thomas Butler, Superintendent of Schools, Ridgway Area School
District, Ridgway, PA; Ms. Jessica Johnson, Chief Program
Officer, Learning Point Associates, Naperville, IL; Dr. Daniel
King, Superintendent, Pharr-San Juan-Alamo Independent School
District, Pharr, TX; Mr. David Silver, Principal, Think College
Now, Oakland, CA; and Mr. John Simmons, President, Strategic
Learning Initiatives, Chicago, IL.
On May 20, 2010, the Committee on Education and Labor held
a hearing in Washington, DC, on ``The Impact of Concussions on
High School Athletes.'' The purpose of the hearing was to
discuss research conducted by the Government Accountability
Office into concussions among high school athletes. Testifying
before the committee were: Dr. Gerard A. Gioia, Director,
Division of Pediatric Neuropsychology, Children's National
Medical Center, Washington, DC; Dr. Linda Kohn, Director of
Health Care Issues, U.S. Government Accountability Office,
Washington, DC; Mr. Michael T. Monacelli, Director of Athletics
and Head Football Coach, Caledonia-Mumford Central School
District, Caledonia, NY; Ms. Michelle Pelton, former high
school athlete, Swansea, MA; and Mr. James Schmutz, Executive
Director, American Sport Education Program, Champaign, IL.
On June 24, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a hearing
in Washington, DC, on ``Ensuring Student Cyber Safety.'' The
purpose of the hearing was to discuss strategies aimed at
developing both innovative and practical approaches to
identify, prevent, and curb the prevalence of cyberbullying.
Testifying before the subcommittee were: Mr. Parry Aftab, Esq.,
Executive Director, WiredSaftey.org, Wycoff, NJ; Mr. Dave
Finnegan, Chief Information and Logistics Bear, Build-A-Bear
Workshop, Inc., St. Louis, MO; Dr. Phillip C. McGraw,
syndicated daytime television talk show host and best-selling
author, Los Angeles, CA; Ms. Dominique Napolitano, Student, on
behalf of Girl Scouts of the USA, Suffolk County, NY; Ms.
Barbara-Jane ``BJ'' Paris, Member, National Association of
Secondary School Principals, Austin, TX; and Dr. Jorge C.
Srabstein, Medical Director, Clinic for Health Problems Related
to Bullying, Department of Psychiatry and Behavioral Sciences,
Children's National Medical Center, Washington, DC.
On September 13, 2010, the Committee on Education and Labor
Subcommittee on Healthy Families and Communities held a field
hearing in Selden, NY, on ``The Impact of Concussions on High
School Athletes: The Local Perspective.'' The purpose of the
hearing was to gain a local perspective on student concussion
safety. Testifying before the subcommittee were: Mr. Richard C.
Caster, former NFL Football Player, Rockville Centre, NY; Mr.
Courtney Hall, former NFL Football Player, Cofounder, Hillcrest
Venture Partners, New York, NY; Mr. Craig LoNigro, Athletic
Trainer, Comsewogue High School, Port Jefferson Station, NY;
Ms. Caitlin Monaghan, former high school athlete, Garden City,
NJ; and Dr. Hayley C. Rintel Queller, Primary Care Sports
Medicine, Orthopedic Associates of Long Island, East Setauket,
NY.
On September 23, 2010, the Committee on Education and Labor
held a legislative hearing in Washington, DC, on ``H.R. 6172,
the Protecting Student Athletes from Concussions Act.'' The
purpose of this legislative hearing was to look at the issue of
concussions among high school athletes and the effects of
traumatic brain injuries on a student's academic achievement.
Testifying before the committee were: Rev. Dr. Katherine E.
Brearley, parent of the late Owen Thomas, South Whitehall
Township, PA; Ms. Alison Conca-Cheng, Centennial High School,
Ellicott City, MD; Dr. Gerard A. Gioia, Ph.D., Chief, Division
of Pediatric Neuropsychology, and Director, Safe Concussion
Outcome, Recovery, and Education (SCORE) Program, Children's
National Medical Center, Washington, DC; Dr. Stanley Herring,
M.D., Clinical Professor, Departments of Rehabilitation
Medicine, Orthopedics and Sports Medicine, and Neurological
Surgery, University of Washington, Co-Medical Director, Seattle
Sports Concussion Program, Team Physician, Seattle Seahawks and
Seattle Mariners, and Member, National Football League's Head,
Neck and Spine Committee, Seattle, WA; and Mr. Sean Morey,
Executive Board Member, NFL Players Association, Toronto,
Ontario.
Legislative action--first session
On January 28, 2009, the House of Representatives passed
H.R. 1, the American Recovery and Reinvestment Act (ARRA),
introduced by Rep. David Obey (D-WI). H.R. 1 appropriated $14
billion for public school modernization, renovation, and
repair. On February 12, 2009, the House passed the Conference
Report to H.R. 1, which did not include dedicated funds for
public school modernization, renovation, and repair. However,
Title XIV of the bill, the State Fiscal Stabilization Fund,
included $48.6 billion for states and local educational
agencies, of which public school modernization, renovation, and
repair (including modernization, renovation, and repair that
complies with a recognized green building standard) is an
authorized use.
On April 30, 2009, Rep. Ben Chandler (D-KY), Rep. Robert
Andrews (D-NJ), Rep. Joe Courtney (D-CT), Rep. Raul Grijalva
(D-AZ), Rep. Phil Hare (D-IL), Rep. Mazie Hirono (D-HI), Rep.
Rush Holt (D-NJ), Rep. Dale Kildee (D-MI), Rep. David Loebsack
(D-IA), Rep. George Miller (D-CA), Rep. Pedro R. Pierluisi (D-
PR), Rep. Jared Polis (D-CO), Rep. Gregorio Kilili Camacho
Sablan (D-MP), Rep. John Tierney (D-MA), Rep. Paul Tonko (D-
NY), Rep. Lynn Woolsey (D-CA), and Rep. David Wu (D-OR)
introduced H.R. 2187, the 21st Century Green High-Performing
Public School Facilities Act. The bill would direct the
Secretary of Education to make grants to state educational
agencies for the modernization, renovation, or repair of public
school facilities.
On May 6, 2009, the Committee on Education and Labor
considered H.R. 2187, the 21st Century Green High-Performing
Public School Facilities Act, in legislative session and
ordered the bill reported favorably, as amended, to the House
of Representatives by a vote of 31-14.
The committee considered and adopted the following
amendments to H.R. 2187:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment was adopted by a
voice vote.
Rep. Jared Polis (D-CO) offered an amendment to
provide equitable resources to charter schools. The amendment
was adopted by a voice vote.
Rep. Joe Sestak (D-PA) offered an amendment to
clarify that improvements to ceilings and floors are authorized
uses of funds. The amendment was adopted by a voice vote.
Rep. Howard P. ``Buck'' McKeon (R-CA) offered an
amendment to require local educational agencies to conduct a
state-certified, independent third-party audit. The amendment
was adopted by a voice vote.
The committee further considered the following amendments
to H.R. 2187, which were not adopted:
Rep. Mike Castle (R-DE) offered an amendment to
require Congress to provide full funding for the Title I
program before providing funding for a new federal school
construction program. The amendment failed by a vote of 15-28.
Rep. John Kline (R-MN) offered an amendment to
require Congress to provide full funding for state grants for
the Individual with Disabilities Education Act before providing
funding for a new school construction program. The amendment
failed by a vote of 15-28.
The House of Representatives passed H.R. 2187 on May 14,
2009, by a vote of 275-155. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
On May 6, 2009, Rep. Howard P. ``Buck'' McKeon (R-CA), Rep.
John Boehner (R-OH), Rep. Eric Cantor (R-VA), Rep. Mike Pence
(R-IN), Rep. Pete Hoekstra (R-MI), Rep. John Kline (R-MN), Rep.
Rob Bishop (R-UT), Rep. Tom McClintock (R-CA), Rep. Duncan
Hunter (R-CA), Rep. Sam Johnson (R-TX), Rep. Roscoe Bartlett
(R-MD), Rep. John Linder (R-GA), Rep. Sue Myrick (R-NC), Rep.
Jeb Hensarling (R-TX), Rep. John Culberson (R-TX), Rep. Kenny
Marchant (R-TX), Rep. Michele Bachmann (R-MN), Rep. Doug
Lamborn (R-CO), and Rep. Jason Chaffetz (R-UT) introduced H.R.
2274, the Priorities in Education Spending Act. The bill
repealed 70 ineffective elementary and secondary education
programs, including: William F. Goodling Even Start Family
Literacy Program; Improving Literacy Through School Libraries;
Close Up Fellowship; Comprehensive School Reform; School
Leadership; Advanced Certification or Advanced Credentialing;
National Writing Project; Teaching of Traditional American
History; Enhancing Education Through Technology; Ready to Learn
Television; Bilingual and Emergency Immigrant Education; Grants
to Reduce Alcohol Abuse; Mentoring Program; Elementary and
Secondary School Counseling; Smaller Learning Communities;
Reading is Fundamental; Star Schools Act; Ready to Teach;
Foreign Language Assistance Program; Carol M. White Physical
Education Program; Community Technology Centers; Educational,
Cultural, Apprenticeship, and Exchange Programs for Alaska
Natives, Native Hawaiians, and their Historical Whaling and
Trading Partners in Massachusetts; Mental Health Integration
and Foundations for Learning; Arts in Education; Healthy, High-
Performance Schools; Additional Assistance for Certain Local
Educational Agencies Impacted by Federal Property Acquisition;
Women's Educational Equity; Native Hawaiian Education; and
Alaska Native Education Equity.
On December 9, 2009, Rep. George Miller (D-CA) and Rep.
Cathy McMorris Rodgers (R-WA) introduced H.R. 4247, the
Preventing Harmful Restraint and Seclusion in Schools Act. The
bill would prevent and reduce the use of physical restraint and
seclusion techniques in public and private schools.
Second session
On February 4, 2010, the Committee on Education and Labor
considered H.R. 4247, the Preventing Harmful Restraint and
Seclusion in Schools Act, in legislative session and reported
the bill favorably, as amended, to the House of Representatives
by a vote of 34-10.
The committee considered and adopted the following
amendment to H.R. 4247:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment was adopted by a
voice vote.
The House of Representatives passed H.R. 4247 on March 3,
2010, by a vote of 262-153. The bill was sent to the Senate and
referred to the Senate Committee on Health, Education, Labor,
and Pensions.
112TH CONGRESS
Hearings--first session
On February 10, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education in
the Nation: Examining the Challenges and Opportunities Facing
America's Classrooms.'' The purpose of the hearing was to learn
what challenges states face in developing a high-quality
education system, explore innovative policies that are being
proposed and implemented at the state and local level, and
examine the federal investment in education and its limited
impact on student achievement. Testifying before the committee
were: Dr. Tony Bennett, Superintendent of Public Instruction,
Indiana Department of Education, Indianapolis, IN; Ms. Lisa
Graham Keegan, Founder, Education Breakthrough Network,
Phoenix, AZ; Mr. Andrew Coulson, Director, Center for
Educational Freedom, CATO Institute, Seattle, WA; and Mr. Ted
Mitchell, President and Chief Executive Officer, New Schools
Venture Fund, San Francisco, CA.
On March 1, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education
Regulations: Weighing the Burden on Schools and Students.'' The
purpose of the hearing was to examine the burden of federal,
state, and local regulations on the nation's education system
and to learn whether these time consuming and duplicative
requirements ultimately improve student achievement. Testifying
before the committee were: Mr. Gene Wilhoit, Executive
Director, Council of Chief State School Officers, Washington,
DC; Dr. Edgar Hatrick, Superintendent, Loudoun County Public
Schools, Ashburn, VA; Mr. Christopher B. Nelson, President, St.
John's College, Annapolis, MD; and Ms. Kati Haycock, President,
The Education Trust, Washington, DC.
On March 9, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on, ``The Budget
and Policy Proposals of the U.S. Department of Education.'' The
purpose of the hearing was to discuss the department's budget
request for Fiscal Year 2012. Testifying before the committee
was the Honorable Arne Duncan, Secretary, U.S. Department of
Education, Washington, DC.
On March 15, 2011, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education, held a hearing in Washington, DC, on
``Education Regulations: Burying Schools in Paperwork.'' The
purpose of the hearing was to hear from local officials
representing elementary and secondary schools about the
paperwork burden bureaucratic regulations impose on their
schools and school districts. Testifying before the
subcommittee were: Mr. Robert P. ``Bob'' Grimesey, Jr.,
Superintendent, Orange County Public Schools, Orange, VA; Mr.
James Willcox, Chief Executive Officer, Aspire Public Schools,
Oakland, CA; Ms. Jennifer A. Marshall, Director of Domestic
Policy Studies, Heritage Foundation, Washington, DC; and Mr.
Chuck Grable, Assistant Superintendent for Instruction,
Huntington County Community School Corporation, Huntington, IN.
On April 7, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on, ``Education
Reforms: Promoting Flexibility and Innovation.'' The purpose of
the hearing was to discuss the appropriate federal role in
elementary and secondary education and explore the work of
state and local education leaders who are pushing for
innovative approaches to education reform and greater state and
local flexibility. Testifying before the committee were: Dr.
Janet Barresi, State Superintendent of Public Instruction,
Oklahoma State Department of Education, Oklahoma City, OK; Dr.
Gary Amoroso, Superintendent, Lakeville Area Public Schools,
Lakeville, MN; Mr. Yohance Maqubela, Chief Operating Officer,
Howard University Middle School of Mathematics and Science,
Washington, DC; and Dr. Terry Grier, Superintendent, Houston
Independent School District, Houston, TX.
On June 1, 2011, the Committee on Education and the
Workforce Subcommittee on Early Childhood, Elementary, and
Secondary Education held a hearing in Washington, DC, on
``Education Reforms: Exploring the Vital Role of Charter
Schools.'' The purpose of the hearing was to examine the
contributions of charter schools to state and local efforts to
improve public education and the importance of empowering
parents to choose the best school environment for their
children. Testifying before the subcommittee were: Ms. DeAnna
Rowe, Executive Director, Arizona State Board for Charter
Schools, Phoenix, AZ; Ms. Debbie Beyer, Executive Director,
Literacy First Charter Schools, El Cajon, CA; Dr. Gary Miron,
College of Education, Western Michigan University, Kalamazoo,
MI; and Dr. Beth Purvis, Executive Director, Chicago
International Charter School, Chicago, IL.
On July 27, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education
Reforms: Exploring Teacher Quality Initiatives.'' The purpose
of the hearing was to highlight state and local efforts to
improve teacher quality and examine select teacher reform
issues that could be addressed as part of the committee's
ongoing effort to reauthorize the Elementary and Secondary
Education Act. Testifying before the committee were: Mr. Kevin
S. Huffman, Commissioner, Tennessee Department of Education,
Nashville, TN; Mr. Tom Boasberg, Superintendent, Denver Public
Schools, Denver, CO; Ms. Kate Walsh, President, National
Council on Teacher Quality, Washington, DC; and Mr. David
Cicarella, President, New Haven Federation of Teachers, New
Haven, CT.
On September 14, 2011, the Committee on Education and the
Workforce held a hearing in Washington, DC, on ``Education
Reforms: Examining the Federal Role in Public School
Accountability.'' The purpose of the hearing was to examine the
role of the federal government in holding public schools
accountable for student achievement. Testifying before the
committee were: Ms. Hanna Skandera, Secretary-Designate of
Education, New Mexico Department of Public Education, Santa Fe,
NM; Dr. Amy Sichel, Superintendent of Schools, Abington School
District, Abington, PA; Ms. Blaine Hawley, Principal, Red Pump
Elementary School, Bel Air, MD; and Mr. Alberto M. Carvalho,
Superintendent of Schools, Miami-Dade County Public Schools,
Miami, FL.
On September 21, 2011, the Education and the Workforce
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Education
Reforms: Ensuring the Education System is Accountable to
Parents and Communities.'' The purpose of the hearing was to
examine the role of the federal government in holding public
schools accountable for student achievement. Testifying before
the subcommittee were: Dr. Jay P. Greene, Professor, University
of Arkansas, Fayetteville, AR; Dr. Benny L. Gooden,
Superintendent of Schools, Fort Smith Public Schools, Fort
Smith, AR; Mr. Bill Jackson, Founder and Chief Executive
Officer, GreatSchools, San Francisco, CA; and Ms. Laura W.
Kaloi, Public Policy Director, National Center for Learning
Disabilities, Oak Hill, VA.
On November 16, 2011, the Education and the Workforce
Subcommittee on Early Childhood, Elementary, and Secondary
Education held a hearing in Washington, DC, on ``Education
Research: Identifying Effective Programs to Support Students
and Teachers.'' The purpose of the hearing was to examine the
federal role in supporting education research and evaluation,
the role of the private and non-profit sector in supporting
education research, and how states, school districts, and other
practitioners use data gleaned from research to improve student
achievement. Testifying before the subcommittee were: Dr.
Grover J. ``Russ'' Whitehurst, Senior Fellow and Director of
the Brown Center on Education Policy, Brookings Institution,
Washington, DC; Dr. Caroline M. Hoxby, Scott and Donya Bommer
Professor of Economics, Stanford University, Stanford, CA; Dr.
Eric Smith, former Florida Commissioner of Education,
Annapolis, MD; and Mr. Steve Fleischman, Director, Regional
Educational Laboratory (REL) Northwest, Portland, OR.
Second session
On Thursday, February 16, 2012, the Committee on Education
and the Workforce held a legislative hearing in Washington, DC,
on ``H.R. 3989, the Student Success Act and H.R. 3990, the
Encouraging Innovation and Effective Teachers Act.'' The
purpose of this legislative hearing was to hear testimony on
the committee's two remaining bills to complete work on
reauthorization of the Elementary and Secondary Education Act.
Testifying before the committee were: Mr. Tom Luna,
Superintendent of Public Instruction, Idaho Department of
Education, Boise, ID; Ms. Delia Pompa, Senior Vice President of
Programs, National Council of La Raza, Washington, DC; The
Honorable Bob Schaffer, Chairman, Colorado State Board of
Education, Fort Collins, CO; Dr. Robert Balfanz, Co-Director,
Everyone Graduates Center, School of Education, Johns Hopkins
University, Baltimore, MD; Ms. Felicia Kazmier, Art Teacher,
Otero Elementary School, Colorado Springs, CO; and Mr. Jimmy
Cunningham, Superintendent of Schools, Hampton School District,
Hampton, AR.
Legislative action--first session
On May 13, 2011, Rep. Duncan Hunter (R-CA), Rep. John Kline
(R-MN), and Rep. Howard P. ``Buck'' McKeon (R-CA) introduced
H.R. 1891, the Setting New Priorities in Education Spending
Act. The bill repeals the authorizations of 41 wasteful
elementary and secondary education programs, reducing the
number of federal Elementary and Secondary Education Act
programs by half.
On May 25, 2011, the Committee on Education and the
Workforce considered H.R. 1891 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The committee considered and adopted the following
amendments to H.R. 1891:
Rep. Duncan Hunter (R-CA) offered an amendment in
the nature of a substitute to make technical corrections to the
legislation. The amendment was adopted by a voice vote.
Rep. Todd Russell Platts (R-PA) offered an
amendment to restore authority for the Parent Information and
Resource Center (PIRC) program. The amendment was adopted by a
vote of 20-19.
The committee further considered the following amendments
to H.R. 1891, which were not adopted:
Rep. Dale Kildee (D-MI) offered an amendment to
amend Reading First to provide literacy services in Pre-K
through 12. The amendment failed by a vote of 16-23.
Rep. Rush Holt (D-NJ) offered an amendment to
amend the Fund for Improvement of Education to support foreign
language education and other activities. The amendment failed
by a vote of 16-23.
Rep. Dave Loebsack (D-IA) offered an amendment to
amend Safe and Drug Free Schools to provide essential support
services for students. The amendment failed by a vote of 16-23.
Rep. Robert ``Bobby'' Scott (D-VA) offered an
amendment to amend Title V, Part A (Innovative Programs) to
provide services for drop-out prevention. The amendment failed
by a vote of 16-23.
Rep. Todd Russell Platts (R-PA) offered an
amendment to restore authority for Even Start. The amendment
failed by a vote of 16-23.
Rep. Mazie Hirono (D-HI) offered an amendment to
restore Native Hawaiian Education and Alaska Native programs.
The amendment failed by a vote of 16-23.
On June 16, 2011, Rep. Duncan Hunter (R-CA) and Rep. John
Kline (R-MN) introduced H.R. 2218, the Empowering Parents
through Quality Charter Schools Act. The bill reauthorizes and
improves the existing charter school provisions under the
Elementary and Secondary Education Act.
On June 22, 2011, the Committee on Education and the
Workforce considered H.R. 2218 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a bipartisan vote of 34-5. The committee
considered and adopted one amendment to the bill, an amendment
in the nature of a substitute offered by Rep. Duncan Hunter (R-
CA). The amendment was adopted by voice vote.
The House of Representatives passed H.R. 2218 on September
13, 2011, by a bipartisan vote of 365-54. The bill was sent to
the Senate and referred to the Senate Committee on Health,
Education, Labor, and Pensions.
On July 7, 2011, Rep. John Kline (R-MN), Rep. Lou Barletta
(R-PA), Rep. Larry Bucshon (R-IN), Rep. Scott DesJarlais (R-
TN), Rep. Bob Goodlatte (R-VA), Rep. Richard Hanna (R-NY), Rep.
Joseph Heck (R-NV), Rep. Duncan Hunter (R-CA), Rep. Mike Kelly
(R-PA), Rep. Howard P. ``Buck'' McKeon (R-CA), Rep. Kristi Noem
(R-SD), Rep. David P. Roe (R-TN), and Rep. Glenn Thompson (R-
PA) introduced H.R. 2445, the State and Local Funding
Flexibility Act. This bill strikes the State and Local
Educational Agencies Funding Transferability program under the
Elementary and Secondary Education Act and replaces it with a
more flexible program allowing for greater use of federal
education funds.
On July 13, 2011, the Committee on Education and the
Workforce considered H.R. 2445 in legislative session and
reported it favorably, as amended, to the House of
Representatives by a vote of 23-17.
The committee considered and adopted the following
amendment to H.R. 2445:
Rep. Glenn Thompson (R-PA) offered an amendment in
the nature of a substitute to make technical corrections to the
legislation. It also reiterated that states and school
districts must comply with all civil rights requirements and
school funding allocation requirements. The amendment was
adopted by a voice vote.
The committee further considered the following amendments
to H.R. 2445, which were not adopted:
Rep. George Miller (D-CA) offered an amendment to
prohibit local educational agencies from using funds allocated
for Title I, Part A, for any other purpose. The amendment
failed by a vote of 17-23.
Rep. Raul Grijalva (D-AZ) offered an amendment to
prohibit state and local educational agencies from using funds
allocated for English Language Acquisition, Language
Enhancement, and Academic Achievement for any other purpose.
The amendment failed by a vote of 17-23.
Rep. Ruben Hinojosa (D-TX) offered an amendment to
prohibit state and local educational agencies from using funds
allocated for the Education of Migratory Children for any other
purpose. The amendment failed by a vote of 17-23.
Rep. Robert ``Bobby'' Scott (D-VA) offered an
amendment to prohibit state and local educational agencies from
using funds allocated for the Education of Neglected,
Delinquent, or At-Risk Children for any other purpose. The
amendment failed by a vote of 17-23.
Rep. Dale Kildee (D-MI) offered an amendment to
prohibit local educational agencies from using funds allocated
for Indian Education for any other purpose. The amendment
failed by a vote of 17-23.
Rep. Rush Holt (D-NJ) offered an amendment to add
reporting requirements on state and local educational agencies
on how funds are used. The amendment failed by a vote of 17-23.
Second session
On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep.
Martha Roby (R-AL), Rep. David P. Roe (R-TN), Rep. Glenn
Thompson (R-PA), and Rep. Joe Wilson (R-SC) introduced H.R.
3989, the Student Success Act. H.R. 3989 is co-sponsored by
Rep. Mike Kelly (R-PA) and Rep. Austin Scott (R-GA). The bill
eliminates onerous federal ``Adequate Yearly Progress,''
``Highly Qualified Teacher,'' and ``Maintenance of Effort''
requirements, and provides states and school districts with
increased flexibility and control to boost student achievement.
On February 9, 2012, Rep. John Kline (R-MN), Rep. Scott
DesJarlais (R-TN), Rep. Joseph Heck (R-NV), Rep. Duncan Hunter
(R-CA), Rep. Kristi Noem (R-SD), Rep. Thomas Petri (R-WI), Rep.
Martha Roby (R-AL), Rep. David P. Roe (R-TN), and Rep. Joe
Wilson (R-SC) introduced H.R. 3990, the Encouraging Innovation
and Effective Teachers Act. H.R. 3990 is co-sponsored by Rep.
Mike Kelly (R-PA). The bill consolidates more than 70 existing
elementary and secondary education programs into a new Local
Academic Flexible Grant, requires locally developed and
implemented teacher evaluations, and supports opportunities for
parents to enroll their children in local magnet schools and
charter schools.
On February 28, 2012, the Committee on Education and the
Workforce considered H.R 3989 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The committee considered and adopted the following
amendments to H.R. 3989:
Rep. John Kline (R-MN) offered an amendment in the
nature of a substitute. The amendment was adopted by a voice
vote.
Rep. Todd Rokita (R-IN) offered an amendment to
require the Secretary of Education to eliminate the full time
equivalent employee positions associated with the eliminated
and consolidated programs under the bill. The amendment was
adopted by a vote of 23-16.
The committee further considered the following amendments
to H.R. 3989, which were not adopted:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment failed by a vote of
16-23.
Rep. Glenn Thompson (R-PA) offered an amendment to
alter the Title I formula to provide greater weight to the
percentage of a district's students in poverty. The amendment
failed by a vote of 16-22, with one member voting ``present.''
Rep. Joseph Heck (R-NV) offered a secondary
amendment to the Thompson amendment to hold harmless existing
grantees. The amendment was withdrawn.
Rep. Todd Rokita (R-IN) offered an amendment to
allow states to opt out of the Elementary and Secondary
Education Act and receive a tax credit for their citizens in
lieu of federal education funds. The amendment was withdrawn.
On February 28, 2012, the Committee on Education and the
Workforce considered H.R. 3990 in legislative session and
reported the bill favorably, as amended, to the House of
Representatives by a vote of 23-16.
The committee considered and adopted the following
amendment to H.R. 3990:
Rep. John Kline (R-MN) offered an amendment in the
nature of a substitute. The amendment was adopted by a voice
vote.
The committee further considered the following amendments
to H.R. 3990, which were not adopted:
Rep. George Miller (D-CA) offered an amendment in
the nature of a substitute. The amendment failed by a vote of
16-23.
Rep. Judy Biggert (R-IL) offered an amendment to
remove mandates on teacher evaluations. The amendment was
withdrawn.
Summary
H.R. 3989, the Student Success Act, offers a better way
forward for education reform by:
Returning responsibility for student achievement
to states, school districts, and parents, while maintaining
high expectations.
Providing states and school districts greater
flexibility to meet students' unique needs.
Investing limited taxpayer dollars wisely.
Strengthening programs for schools and targeted
populations.
Maintaining and strengthening long-standing
protections for state and local autonomy.
Returning responsibility for student achievement to states, school
districts, and parents, while maintaining high expectations
The Student Success Act dramatically reduces the federal
role in education by returning authority for measuring student
performance and turning around low-performing schools to states
and local officials. Across the country, states and school
districts are leading efforts to reform the nation's troubled
education system. As these bold reformers step up, the federal
government can step back, limiting its role to ensuring parents
have the information they need to judge the quality of their
schools. The bill includes a number of key revisions to the
current Title I program to increase state and local flexibility
and restore local control of education.
Academic Standards: Similar to current law, the
bill requires states to establish academic standards that apply
to all students and schools in the state in at least reading
and math, while allowing states to develop standards in other
subjects at their discretion. Achievement standards used for
judging student and school performance must align with content
standards, but the bill removes federal requirements for basic,
proficient, and advanced levels of achievement. States are also
allowed to establish alternate achievement standards aligned to
the content standards for students with the most significant
disabilities. Finally, the bill consolidates the requirements
for English proficiency standards into the main Title I
program.
Academic Assessments: Similar to current law, the
bill requires states to develop and implement a set of annual
assessments in reading and math, the foundation for student
learning. To reduce the burden of over-testing on our nation's
students, the bill eliminates the federal requirement that
states administer assessments in science. States retain the
option to develop assessments in science and other subjects at
their discretion. States are required to give the same grade
level reading and math assessments to all students in the state
in each of grades 3-8 and once in high school. Assessments
still must include reasonable accommodations for students with
disabilities. States are allowed to adopt alternate assessments
for students with the most significant cognitive disabilities
and computer adaptive assessments, and have the flexibility to
use multiple measures of student achievement. The bill
maintains requirements on disaggregating subgroup data,
assessing the English proficiency of English learners, and
ensuring 95 percent participation rates for all students and
each subgroup.
Accountability: The bill eliminates Adequate
Yearly Progress (AYP) and replaces it with a state-determined
accountability system that must:
Annually measure the academic
achievement of all public school students against the
state's academic standards (including growth toward the
standards) using the statewide assessment and other
academic indicators determined by the state.
Annually evaluate and identify the
academic performance of each public school in the state
based on student academic achievement, including the
achievement of all students and achievement gaps
between student subgroups.
Include a school improvement system
implemented by school districts that includes
interventions in poor performing Title I schools.
School Improvement: The bill requires states to
include, as part of their statewide accountability structure, a
system of school improvement interventions implemented at the
local level for Title I schools that the state determines to be
poorly performing. The bill repeals the federally mandated
interventions included in sections 1116 and 1117 of current
law, giving states and districts maximum flexibility to develop
appropriate school improvement strategies and rewards for their
schools. The bill increases the state set-aside for school
improvement to 7 percent (up from 4 percent), but eliminates
the local set-asides, meaning more Title I money will flow
directly to school districts. The bill eliminates the School
Improvement Grants (SIG) program that the Secretary of
Education used to create four unworkable turnaround models,
instead using those funds to increase the authorization level
for the Title I program.
Parent Information: The bill maintains the current
requirement that states and school districts issue and
distribute annual report cards, but streamlines the data
reporting to ensure meaningful information is easily available
to parents and communities. States and districts must report
disaggregated student achievement data on the state assessment
and other academic indicators used in the statewide
accountability system, participation rates on those
assessments, the adjusted cohort graduation rate, each school's
evaluation under the statewide accountability system, English
language proficiency, and results on the 4th and 8th grade
reading and mathematics National Assessment of Educational
Progress (NAEP). The bill maintains parents' right to know
their students' achievement levels, and moves the right to know
teacher professional qualifications from Title I to Title II of
the ESEA.
Direct Student Services: The bill requires states
to set aside 3 percent of Title I money to provide competitive
grants to school districts that wish to offer tutoring or
public school choice to their students, including those in poor
performing schools.
Highly Qualified Teachers: The bill repeals
section 1119 of current law, which sets federal requirements
around teachers and paraprofessionals and removes the
requirement that teachers be highly qualified. H.R. 3990, the
Encouraging Innovation and Effective Teachers Act, includes
requirements for locally developed teacher evaluations,
enabling federal teacher policy to move from onerous and
meaningless burdens to strategies that will reassure parents
that their students' teachers are effective.
State Laws on Parent Authority: The bill includes
a provision stating that nothing in the law should be
interpreted to impact state laws on parent exercise of
authority over low-performing schools.
Providing states and school districts greater flexibility to meet
students' unique needs
Funding Flexibility: Consistent with H.R. 2445,
the State and Local Funding Flexibility Act, the bill allows
states and school districts to use funds for certain special
population programs for any activity authorized under any of
the other programs. This allows state and local officials to
use federal funds to meet their own unique needs. While school
districts will not be allowed to use funds received for Title I
schools outside of those schools, they can move additional
federal funding to low-income schools. The bill maintains
separate funding streams for the Migrant Education, Neglected
and Delinquent, English Language Acquisition, and Indian
Education programs, but merges them into Title I.
Schoolwide Programs: The bill eliminates the 40
percent poverty threshold for schoolwide programs, allowing all
Title I schools to operate whole school reform efforts. This
change, included in the Obama administration's waiver package,
will allow low-income schools greater flexibility to
consolidate programs and focus their efforts on raising the
achievement of all students.
Investing limited taxpayer dollars wisely
Authorization Levels: The bill limits funding
authorizations to the FY 2012 appropriated levels. Consistent
with the charge to increase public transparency and end the use
of ``such sums,'' the bill ties potential funding increases to
inflation. It also consolidates authorization levels into one
section in the law.
Reducing Federal Bureaucracy: The bill requires
the Secretary to eliminate the full time equivalent (FTE)
employee positions associated with the eliminated and
consolidated program under the bill. Specifically, the
Secretary would have two months to identify how many FTEs
worked on or administered programs that have been eliminated or
consolidated under the legislation; he would then have one
additional year to reduce the department's workforce by that
number.
State and Local Spending Decisions: The bill
removes all ``Maintenance of Effort'' (MOE) requirements,
allowing states and school districts to set their own funding
levels for elementary and secondary education. These
requirements are removed for four reasons:
Dictating how states and school
districts spend their tax revenues as a condition of
receiving federal funds is not an appropriate federal
role.
MOE requirements assume that increased
education spending will improve educational outcomes.
Decades of data prove this argument false.
MOE requirements provide disincentives
for states and school districts to innovate and deliver
better educational services more efficiently.
Data from the U.S. Department of
Education show that, since enactment of No Child Left
Behind, nearly every school district request to waive
MOE has been granted. The bill acknowledges this
reality and eliminates the burden for districts.
At the same time, the legislation maintains the law's
``supplement, not supplant'' requirements, which ensure that
federal dollars are used on top of state and local resources,
protecting the traditional federal role in education.
Maintaining these provisions will ensure states and districts
will not be able to dramatically cut education spending and
fill in the gaps with federal dollars.
Strengthening programs for schools and targeted populations
The Student Success Act maintains separate funding streams
for the Migrant Education, Neglected and Delinquent, English
Language Acquisition, Rural Education, and Indian Education
programs, but merges them into Title I of the law. The bill
strengthens each program in key ways.
Education of Migratory Children: The bill provides
a reservation of funds to assist states in supporting high-
quality educational programs and services to address the unique
educational needs of migratory children, including during
summer periods. The legislation strengthens how migrant student
counts are determined in each state, basing state allocations
on the average number of eligible full time equivalent
migratory children from the previous three years and a count of
the number of migratory children who receive services under
summer programs. The bill also allows states, school districts,
and other public and private entities to improve intrastate and
interstate coordination and information exchanges regarding
migratory children.
Prevention and Intervention Programs for Children
and Youth who are Neglected, Delinquent, or At-Risk: The bill
provides a reservation of funds to improve educational services
for students in state and local institutions or for those
children who are transferring out of institutionalization. The
legislation emphasizes receipt of a regular high school diploma
to the extent feasible, and makes minor technical and
clarifying changes to improve the operation of the program.
English Language Acquisition, Language
Enhancement, and Academic Achievement: The bill includes a
reservation of funds to provide services to help non-English
speakers learn English and meet state academic standards. The
bill consolidates accountability and reporting requirements for
English learners into the Title I program to encourage greater
alignment, while maintaining student achievement expectations
for these students and public reporting of progress. The bill
changes how the Secretary of Education determines immigrant
student and English learner counts, to ensure states and school
districts receive accurate and reliable data and stabilize
funding. Consistent with H.R. 1891, the Setting New Priorities
in Education Spending Act, the bill eliminates the Improving
Language Instruction Educational Programs, which have never
been funded and are duplicative of the main program.
Rural Education: The bill reserves funds for rural
school districts and schools in both the Small Rural School
Achievement (SRSA) Program and the Rural and Low-Income School
(RLIS) Program. The legislation updates current locale codes,
which determine eligibility of rural districts and schools
under both programs, and includes a sliding scale hold harmless
formula for districts that would become ineligible under the
SRSA program because of the new codes. The bill allows school
districts to apply for funding under both the SRSA and the RLIS
Programs.
Indian Education: The bill reserves funds to meet
the unique educational and cultural needs of American Indian
students and encourages Indian tribes, communities, and parents
to participate in the education of their children. The bill
allows school districts and Indian tribes applying for formula
grants to apply in consortia to maximize the use of federal
funds. Consistent with H.R. 1981, the Setting New Priorities in
Education Spending Act, the bill eliminates the Native Hawaiian
Education and Alaska Native Education Equity programs, which
are duplicative of other services and funds provided to these
populations under Title I. The bill also eliminates the
Fellowships for Indian Students program and the Improvement of
Educational Opportunities for Adult Indians program, which have
not been funded since 1995. It also eliminates the In-Service
Training for Teachers of Indian Children Grant, the Gifted and
Talented Indian Students program, and the Grants to Tribes for
Education Administrative Planning and Development program,
which have never received federal funding.
Maintaining and strengthening long-standing protections for state and
local autonomy
The Student Success Act includes the General Provisions of
ESEA, but moves them from the current Title IX to a new Title
V. The bill maintains and strengthens these important
protections for students, parents, communities, states, and
school districts while eliminating other burdensome and
duplicative requirements.
Private School Students: The bill strengthens
provisions to ensure the participation of private school
students and teachers in the programs funded under the ESEA.
The bill improves the consultation and negotiation processes to
provide clearer procedures and faster notice for private school
officials. These changes will better protect access for private
school students.
Secretary's Authority: The bill protects state and
local autonomy over decisions in the classroom and limits the
authority of the Secretary of Education. The legislation: (1)
prohibits the Secretary from imposing conditions on states and
school districts in exchange for a waiver of federal elementary
and secondary education law; (2) prevents the Secretary from
creating additional burdens on states and districts through the
regulatory process, particularly in the areas of standards,
assessments, and state accountability plans; (3) prohibits the
Secretary from demanding changes to state standards and
influencing and coercing states to enter into partnerships with
other states; and (4) outlines specific procedures the
Secretary must follow when issuing federal regulations and
conducting peer review processes for grant applications,
including publicly releasing the identity of peer reviewers,
that will bring greater transparency.
Military Recruiters: The bill improves the
military recruiting provisions in current law by ensuring
military recruiters have the same access to high schools as
institutions of higher education.
Committee Views
Introduction
In 1965, Congress passed the Elementary and Secondary
Education Act (ESEA) with the limited goal of providing states
and local school districts with additional resources to ensure
disadvantaged students have access to a quality education. The
importance of ensuring students gain the skills necessary to
graduate high school prepared for postsecondary education and
the workforce is clear. A well-educated workforce is directly
tied to the nation's ability to create jobs and maintain our
competitive edge in a global economy.
The latest iteration of the ESEA, No Child Left Behind
(NCLB), was heralded as groundbreaking when it was signed into
law, and in some ways it was. The expanded use of data helped
superintendents, school leaders, and teachers identify students
most in need of additional instruction and offered parents
access to important information about the quality of their
schools.
But we have now clearly identified the law's weaknesses,
and despite its best intentions, there is widespread agreement
that current law is no longer effectively serving students.
Under NCLB's accountability system, known as adequate yearly
progress (AYP), all schools that fail to meet target
proficiency levels for two or more consecutive years are
required to undergo the same series of prescriptive federal
interventions, regardless of the unique circumstances or
challenges facing each school. This cascading system of
mandated interventions has not worked as imagined or produced
the desired results in turning around low-performing schools.
The House Committee on Education and the Workforce is
moving forward with education reform. For too long, states and
school districts have been inundated with federal intervention
and bureaucratic red tape that has done little to improve
student performance. H.R. 3989, the Student Success Act, will
return responsibility for student achievement to states and
school districts, enhance local flexibility, protect taxpayers'
investments in education, and strengthen state and local
autonomy.
Funding authorizations
In the more than four decades since passage of ESEA,
federal control of public education has steadily increased and
spending has exploded. According to the National Center for
Education Statistics' Digest of Education Statistics, in 2009,
the United States spent more than $10,000 per pupil per year,
nearly triple what was spent in 1965. Despite this record
investment in public education by federal, state, and local
governments, national academic performance has not improved.
Math and reading scores have largely remained flat, graduation
rates have stagnated, and researchers have found serious
shortcomings with many federal education programs.
The last 30 years have seen particularly dramatic increases
in federal spending. U.S. Department of Education K-12 funding
increased from less than $7 billion in 1980 to almost $38
billion in 2008. The last four years have seen another spike in
federal spending. With the passage of the American Recovery and
Reinvestment Act (ARRA), the department's K-12 budget ballooned
to almost $119 billion in 2009, nearly tripling in one year.
These increases have made the United States a world leader
in education spending. Using 2007 data from the Organization
for Economic Cooperation and Development (OECD), the National
Center on Education Statistics reported in 2011 that the United
States spent 7.6 percent of its Gross Domestic Product on
education, second only to Iceland's 7.8 percent. But despite
these record investments, student achievement has not improved.
At a February 10, 2011 hearing titled ``Education in the
Nation: Examining the Challenges and Opportunities Facing
America's Classrooms,'' Mr. Andrew Coulson, from the non-
profit, nonpartisan CATO Institute, stated that math and
reading scores for graduating high school seniors have remained
unchanged over the last 40 years, while science scores have
declined slightly. International comparisons reflect these
trends. The OECD's latest Programme for International Student
Assessment report, released in December 2010, ranked the United
States 17th in reading, 31st in math, and 23rd in science among
developed nations. Mr. Coulson went on to say:
To sum up, we have little to show for the $2 trillion
in federal education spending of the past half century.
In the face of concerted and unflagging efforts by
Congress and the states. . . it now costs three times
as much to provide essentially the same education as we
provided in 1970. . . The only thing [spending] appears
to have accomplished is to apply the brakes to the
nation's economic growth, by taxing trillions of
dollars out of the productive sector of the economy and
spending it on ineffective programs.
At the same time, our country faces a fiscal crisis. Our
national debt now exceeds the total size of the U.S. economy,
spurred on in recent years by annual deficits in excess of $1
trillion. Congress must be better stewards of taxpayer dollars,
and H.R. 3989 takes an important step in the right direction.
Even within these limits, the bill makes available more
funds for low-income students than has been proposed by the
Obama administration and Democrats in Congress. The
administration's Fiscal Year 2013 budget proposal, for example,
would freeze funding for Title I, Part A of current law, at
$14.5 billion. H.R. 3989, however, consolidates several
unnecessary and duplicative grant programs to authorize more
than $15 billion for that program. Rather than making
unrealistic promises of future funding levels, this legislation
makes strategic investments in fewer, more flexible funding
streams, and caps their growth to ensure the federal government
is living within its means.
Aid to local educational agencies
Title I of the Student Success Act restructures and amends
Title I of ESEA, and addresses the following major issues:
Academic standards
H.R. 3989 requires states to establish academic standards
that apply to all students and schools in the state in at least
reading and mathematics, while allowing states to develop
standards in other subjects at their discretion. Achievement
standards used for judging student and school performance must
align with the content standards, but the bill removes federal
requirements for basic, proficient, and advanced levels of
achievement. States are also allowed to establish alternate
achievement standards aligned to the content standards for
students with the most significant disabilities. In addition,
the bill consolidates the requirements for English proficiency
standards into the main Title I program.
Most notably, the bill removes the requirement for
standards in science. The committee believes that current law
includes too many federally mandated requirements around
academic standards and testing. This bill recognizes the
consensus regarding the fundamental importance of mathematics
and reading as the foundation for success in other subjects,
and provides states the flexibility to implement standards and
assessments in additional subjects should they choose to do so.
At a February 16, 2012 legislative hearing entitled ``H.R.
3989, `Student Success Act' and H.R. 3990, `Encouraging
Innovation and Effective Teachers Act,''' Idaho State
Superintendent of Public Instruction Tom Luna outlined the
problems inherent in federal mandates around science. He
stated:
. . . [S]cience is more difficult to measure than
math or reading because it is not sequential like math
and reading [are]. And giving a science test at the end
of the high school career like we do in math and
reading does not work . . . if you want that to be a
test that includes physical science, chemistry, and
biology because those are . . . not sequential. So it
is very, very difficult to measure.
The removal of the mandate around science does not indicate
a belief by the committee that science is unimportant. Clearly,
a well-educated workforce must have a solid grounding in
science and technology to ensure that our country remains
competitive in the global economy. It is the committee's
expectation that states and school districts will continue the
important work of providing students an effective science
education. State Superintendent Luna addressed this overall
concern when he said, ``What I think this bill recognizes is
that the federal government does not have to compel the states
to do everything. If it is not found in this bill the
assumption shouldn't be it is not going to happen.''
H.R. 3989 also continues and strengthens language allowing
states to enter into voluntary partnerships with each other to
fulfill the law's requirements around academic standards and
assessments. It is the committee's intent to allow states to
enter into voluntary partnerships with other states and to use
federal funds to do so. Such decisions, though, must be
entirely at the discretion of the state, free from interference
by the Secretary of Education. The Secretary is not authorized
to require states to enter into any such partnerships as a
condition of receiving federal funds, nor authorized to offer
such partnerships as a way to meet any other condition the
Secretary may place upon a state.
Academic assessments
H.R. 3989 requires states to develop and implement a set of
annual assessments in reading and mathematics, the foundation
for student learning. As noted above, to reduce the burden of
over-testing on our nation's students, the bill eliminates the
federal requirement that states administer assessments in
science. States retain the option to develop assessments in
science and other subjects at their discretion.
States are required to give the same grade level reading
and mathematics assessment to all students in the state in each
of grades 3-8 and once in high school. Assessments still must
include reasonable accommodations for students with
disabilities, and states are allowed to adopt alternate
assessments for students with the most significant cognitive
disabilities. States are allowed to develop and administer
computer adaptive assessments so educators can receive more
meaningful feedback on classroom instruction, and have the
flexibility to use multiple measures of student achievement.
The bill maintains requirements on disaggregating subgroup
data, assessing the English proficiency of English learners,
and ensuring 95 percent participation rates for all students
and each subgroup.
Much criticism has been leveled at NCLB for forcing
teachers to teach to the test. While the committee views that
charge as overblown, the reauthorized law must balance the need
for assessments with the recognition that classroom instruction
should be the primary engine for meaningful improvements in
performance. Assessments should be used as a tool to tailor
instruction and to inform students, teachers, and families
about academic performance, and the community about the quality
of its schools. They should not, however, be the only tool. The
committee believes the bill's recognition that state
accountability systems should not be based entirely on one test
will address the excessive focus on assessments.
School accountability and improvement
H.R. 3989 eliminates the federal accountability system
known as AYP. In its place, the bill requires states to develop
and implement a statewide accountability system that will
result in students graduating from high school prepared for
postsecondary education and the workforce. The system must
include the following elements:
Annually measure the academic achievement of all
public school students against the state's academic standards
(including growth toward the standards) using the statewide
assessment and other academic indicators determined by the
state.
Annually evaluate and identify the academic
performance of each public school in the state based on student
academic achievement, including the achievement of all students
and achievement gaps between student subgroups.
Include a school improvement system implemented by
school districts that includes interventions in poor performing
Title I schools.
As noted above, the Student Success Act requires states to
include a system of school improvement interventions as part of
their statewide accountability structure. The bill repeals the
federally mandated interventions included in Sections 1116 and
1117 of current law, giving states and districts maximum
flexibility to develop appropriate school improvement
strategies and rewards for their schools. The bill also
increases the state set-aside for school improvement to 7
percent (up from 4 percent), but eliminates the local set-
asides, meaning more Title I money will flow directly to school
districts. The bill eliminates the School Improvement Grants
(SIG) program that the Secretary of Education has used to
create four unworkable turnaround models, instead using those
funds to increase the authorization level for the Title I
program.
Under current law, AYP is a one-size-fits-all metric that
restricts states' and school districts' ability to
appropriately gauge student learning and tailor curriculum to
enable students to graduate high school prepared for
postsecondary education or the workforce. The Center on
Education Policy report, ``AYP Results for 2010-11,'' published
December 15, 2011, found the following:
An estimated 48 percent of public schools failed
to make AYP in 2011, a 39 percent increase over 2010.
In 24 states and the District of Columbia, at
least half of the schools failed to make AYP.
Some states saw exceptionally large percentages of
schools failing to make AYP, including 89 percent in Florida.
In addition, because current law requires all students to
be proficient by the end of the 2013-2014 school year, every
school in the nation is likely to be deemed a failure in two
short years.
Once schools fail to make to make AYP, they are thrown into
a cascading system of interventions dictated at the federal
level. Those sanctions are well-intentioned. But effective
education reform will never come from the top down--it must be
encouraged from the bottom up. The Student Success Act places
responsibility for improving our schools squarely where it
belongs, on the shoulders of our state and local leaders who
know best how to meet the needs of our students.
The large numbers of schools failing to make AYP are not a
call to back away from accountability. Merely struggling to
meet a standard is not a justification for changing that
standard. But if an accountability system deems all schools to
be failing, that system loses any meaning or usefulness as a
tool for informing communities about the relative strengths of
their schools or how best to direct resources to address their
weaknesses. Ms. Blaine Hawley, principal at Red Pump Elementary
School in Bel Air, Maryland, testified before the committee at
a September 14, 2011 hearing entitled, ``Education Reforms:
Examining the Federal Role in Public School Accountability.''
She captured the inherent flaw of AYP when she said:
``While the policies of the No Child Left Behind Act
have done much good for helping states set high
standards and helping us learn more about our unique
populations of students through disaggregation of data
to make better instructional decisions, our nation's
all-or-nothing yardstick for measuring school and
student performance is simply flawed. As a result, we
are now facing the unintended consequence of a
misidentification of failing schools, and punitive
labels acquired from a federal mandate that
inaccurately measures student performance from an
across-the-board, single snapshot in time.''
Rather than layering one-size-fits-all accountability
requirements onto state and local efforts, federal policy
should support education reform at the state and local level,
particularly those initiatives that demonstrate large gains in
closing achievement gaps. As an example, Florida has seen
dramatic gains in student achievement since the late 1990's. A
September 21, 2011 article in Real Clear Politics entitled
``Jeb Bush and Florida's Education Success'' clearly outlines
this success story. Florida began implementing its A-Plus Plan
in 1999, prior to passage of NCLB. The state's plan sets high
standards and holds schools accountable for student
performance, including assigning letter grades to all schools
in the state. But it also offers public and private school
choice options, instructional reforms and intervention
strategies to improve learning in core subjects, and support
for hiring and retaining effective teachers. Florida's success
includes:
In 1998, Florida's fourth-graders scored at the
bottom nationally in National Assessment of Educational
Progress (NAEP) scores in reading and mathematics. By 2009,
they scored above the national average in both categories.
High school graduation rates have increased 21
percent even as state requirements have become more rigorous.
The number of African American and Hispanic
students passing Advanced Placement tests has increased 365
percent.
Florida's fourth-grade Hispanic students equal or
surpass the performance of all students in 31 states.
Fourth-grade African American students in Florida
outperform African American students in all but three states in
NAEP mathematics scores.
Low-income Florida elementary school students of
all races rank near the top nationally in mathematics.
When asked about education policy, former Florida Governor
Jeb Bush told the Harvard Political Review, ``By federalizing
education policy you create resistance at the classroom,
school, school district--and even the state level . . . I think
you're getting more dynamic results by having the states play
the policy role and holding local school districts accountable
for actual learning.''
Unfortunately, some disregard these positive results,
preferring to question the intent and downplay the capabilities
of state and local experts. These detractors blindly insist
Washington bureaucrats know best when it comes to the nation's
classrooms, and continue to push outdated policies full of
prescriptive mandates and heavy federal intrusion in K-12
education.
H.R. 3989 also includes a provision to ensure the new law
does not impede or undermine state efforts to empower parents
to assume authority over their students' schools. For example,
in California, the parent trigger law is directly tied to
requirements under Section 1116 of current law. It is not the
intent of the committee to weaken the purposes of that law or
other similar state laws. The committee encourages states to
maintain the authority granted to parents under state law as
they develop and implement new accountability systems as
required under this Act.
Direct Student Services
H.R. 3989 requires states to set aside 3 percent of their
Title I allocation to award grants to local school districts to
support Direct Student Services. The committee believes
students should have access to important options that will help
improve academic achievement. For example, students should have
the option to immediately attend high-performing public schools
to ensure they are not trapped in the education system as
school officials work to turnaround poor performing schools.
Students should also have the ability to access high-quality
academic tutoring programs for additional help to succeed
academically.
Unlike the current requirement to provide supplemental
educational services, repealed under the Student Success Act,
state educational agencies will approve providers, including
both for-profit and non-profit academic tutors, and school
districts will select a wide variety of approved providers,
including both for-profits and non-profits, to ensure parents
and students have a diverse group of entities to choose from in
order to meet their unique needs. The committee urges states to
award grants only to those eligible school districts that
provide meaningful choices of tutoring providers to parents and
believes this can only happen if school districts select a
number of providers that offer small group tutoring through a
variety of methods, including online and on campus. As the new
leading partner of the Direct Student Services program, school
districts must take ownership of this important program geared
toward providing choice options to all students, which means
offering ample space in high performing schools and quality
tutoring options for students.
Data transparency
NCLB has been roundly praised for shining a light on
achievement gaps that exist among a school's students. The
committee believes this important feature of NCLB must be
continued--no longer can schools hide behind schoolwide
averages while disadvantaged students struggle in the shadows.
H.R. 3989 maintains the current requirement that states and
school districts issue and distribute annual report cards,
while streamlining the data reporting to ensure meaningful
information is easily available to parents and communities.
States and districts must continue to report disaggregated data
on student achievement on the state assessment and other
academic indicators used in the statewide accountability
system, participation rates on those assessments, the adjusted
cohort graduation rate, each school's evaluation under the
statewide accountability system, and English language
proficiency. States and districts will also continue to
participate in the 4th and 8th grade reading and mathematics
NAEP and publicly report their results so the public can
compare data across states to ensure their state's standards
and achievement results are sufficiently rigorous and
meaningful. Ultimately, schools must be accountable to parents
and communities. The Student Success Act makes sure
stakeholders have the information they need to adequately
evaluate the quality of their schools.
Local capacity building
H.R. 3989 directs states to provide technical assistance to
school districts in implementing the requirements of this Act,
similar to current law. It is the committee's intent that
states provide technical assistance in areas of need identified
by districts, which could include implementation of standards,
assessments, and new systems for accountability and school
improvement, and identification of appropriate instructional
materials.
Schoolwide program authority
H.R. 3989 eliminates the 40 percent poverty threshold for
schoolwide programs, allowing all Title I schools to operate
whole school reform efforts. Under current law, only eligible
schools with a poverty level of at least 40 percent are able to
use Title I funds for schoolwide programs that benefit all
students. This poverty threshold was lowered from 75 percent to
50 percent in the 1994 Improving America's Schools Act, and
reduced to the current threshold in NCLB. There is a long-
standing, bipartisan federal recognition that the best way to
address the needs of the most at-risk students is to enable and
encourage schoolwide solutions.
Highly qualified teachers
H.R. 3989 repeals the definition of ``highly qualified
teacher (HQT)'' and related provisions currently included in
Section 1119 of NCLB. Under current law, school districts
receiving Title I funds are required to hire only teachers that
are ``highly qualified'', defined as a teacher who has earned a
bachelor's degree, holds a state certification or license, and
can demonstrate knowledge of the subject matter in question.
These onerous federal requirements place too much emphasis on a
teacher's credentials, degrees, and licensing, and, as a
result, schools have come to value a teacher's resume over his
or her ability to increase student achievement. These undue
burdens placed on teachers to meet input requirements are
meaningless and have nothing to do with teacher effectiveness
in the classroom. Additionally, the committee notes that
members of the educational establishment have used the HQT
definition to shutter alternative certification programs and
innovative teaching approaches at many charter schools, which
often recruit energetic and talented young teachers that
inspire kids to succeed.
According to a 2007 study by the Center on Education
Policy, the highly qualified teacher provision was regarded by
three-quarters of school district administrators and more than
one-third of state officials as ineffective and having minimal
or no impact on student achievement or efforts to improve
teacher quality. The federal government does not need to place
additional requirements on school districts as to what
qualifications teachers must meet before entering the
classroom, especially considering all states have teacher
licensing requirements. The committee believes that it is time
to reduce the size and scope of the Department of Education and
roll back federal bureaucratic requirements and regulations.
For these reasons, the highly qualified teacher provisions are
repealed in the Student Success Act.
Equitable participation of private school students
The equitable participation of private school students has
been a part of ESEA since its creation in 1965. These
provisions are intended to help disadvantaged students that
attend private schools and who are included in the calculation
of federal funds allocated to public school districts. The
committee believes the current process, which set out to ensure
private school students access to these important services
guaranteed to them for more than 45 years, is often an arduous
and contentious process for private school and school district
officials. Current law lacks clarity regarding the goals and
topics of consultation, the timely expenditure of funds, the
types of services to be provided, and the allowable means for
delivering them to private school students.
H.R. 3989 includes provisions in Title I and Title V
(General Provisions) to establish clearer requirements under
the consultation provisions for equitable participation. Under
the proposed changes, participants in the consultation process
will have clear and consistent goals, topics, and procedures to
follow to ensure disadvantaged students are receiving the
services to which they are entitled in a timely manner. The
provisions will also allow private schools to consult with
school districts and request that services be provided on a
schoolwide basis, as long as providing the services would be
permitted constitutionally. Finally, the bill provides for an
official ombudsman at the state educational agency. This
designated employee will serve as the primary point of contact
for all interested parties for questions on equitable
participation of private school students and will be
responsible for maintaining the record of the required
consultation. The committee notes that state educational
agencies could designate an existing employee already on staff
to fulfill this important requirement.
Maintenance of effort
H.R. 3989 removes all ``maintenance of effort (MOE)''
requirements, allowing states and school districts to set their
own funding levels for elementary and secondary education.
These requirements are removed for four primary reasons:
The committee does not believe that dictating how
states and school districts spend their tax revenues as a
condition of receiving federal funds is an appropriate federal
role.
MOE requirements assume that increased education
spending will improve educational outcomes, though decades of
data prove this argument false.
MOE requirements provide disincentives for states
and school districts to innovate and deliver better educational
services more efficiently.
Data from the U.S. Department of Education show
that, from enactment of NCLB through fiscal year 2011, three
out of every four MOE waiver requests have been granted. In
addition, five states and the Commonwealth of Northern Mariana
Islands requested MOE waivers under the State Fiscal
Stabilization Fund included in ARRA. All were granted. This
bill acknowledges this reality and eliminates the burden up
front for school districts.
At the same time, the Student Success Act maintains the
law's ``supplement, not supplant'' requirements, which ensure
that federal dollars are used as an addition to state and local
resources, protecting the limited federal role in education.
Maintaining these provisions ensure states and districts will
not be able to dramatically cut education spending and fill in
the gaps with federal dollars.
Targeted populations and funding flexibility
H.R. 3989 consolidates programs for migratory children,
neglected and delinquent children, English learners, rural
school districts, and Native Americans into Part A of Title I
of ESEA, while maintaining separate reservations of funds for
each population. The bill also enables states and school
districts to rededicate funds across these programs to address
the areas of greatest need for their students.
The committee does not intend for states and school
districts to neglect the needs of their most vulnerable
students. But too often, school districts receive funds for
specific purposes in amounts too small to have a meaningful
benefit. H.R. 3989 allows states and districts to consolidate
funding streams to develop innovative programs that will better
meet the needs of their students. The bill's requirement for
disaggregation of student achievement data by subgroup will
continue to ensure transparency around the progress of
particular subgroups in meeting state academic standards.
Overall, the Student Success Act maintains focus on special
populations, while providing states and districts the
flexibility to address their unique student needs.
Additionally, H.R. 3989 makes minor changes to these
targeted population programs to improve their performance. The
bill allows for greater coordination across states and school
districts regarding the exchange of migratory children's health
and academic records, improves the manner by which student
counts for immigrant students and English learners are
determined, and provides new opportunities for Indian tribes
and Bureau of Indian Education schools to improve student
achievement by removing existing regulatory barriers.
Curtailing excessive regulations
The proliferation of federal regulations with which states
and school districts must comply has grown over the last three
decades, placing an overwhelming burden on schools that takes
away their focus on educating our nation's students. The
committee has held numerous hearings in the 112th Congress to
examine the issue in greater detail. One witness, Dr. Robert P.
Grimesey, Jr., the Superintendent of Orange County Public
Schools in Virginia, explained the problem in testimony at the
March 15, 2011 hearing entitled, ``Education Regulations:
Burying Schools in Paperwork.'' He said:
The vast majority of rural school superintendents and
school board members understand and respect the need
for reasonable accountability and transparency as we
receive and invest federal dollars. However we believe
that there is much that is not reasonable about the
ever-expanding nature of many federal obligations. We
also see a need for streamlined collaboration between
[the U.S. Department of Education] and the [state
educational agencies] in the articulation of data
reporting requirements. Ultimately, many well-intended
federal regulations are creating a ``culture of
compliance'' that leads to a local fear of failure.
Such a context makes federal compliance an end in
itself. For localities at the end of this regulatory
food chain, it becomes very difficult to maintain our
focus on the achievement and welfare of our children.
H.R. 3989 begins to address this over-regulation of the
education system. The bill rewrites the regulatory process that
the Secretary must follow in issuing new regulations, including
providing for longer review periods for public comment, a new
review period for Congress, a requirement that the Secretary
calculate the proposed regulatory burden prior to the
regulation being made final, and a requirement that old and
duplicative regulations be repealed. This new process will help
reduce excessive federal regulation on states, school
districts, principals, and teachers; prevent the Secretary of
Education from compounding the impact of federal regulations
already on the books; and ensure stakeholders have ample time
to raise concerns with proposed regulations and request they be
addressed accordingly before the regulations are finalized.
General provisions
Title II of H.R. 3989 amends Title V of current law to
include the General Provisions currently in Title IX of the
ESEA. The bill addresses the following significant issues:
Definitions
Graduation Rate: In 2005, all 50 of the nation's governors
agreed to a common definition for calculating high school
graduation rates. The rate is determined by the number of
entering 9th graders divided by the number of graduating 12th
graders four years later. States are also allowed to report on
an extended year rate, encompassing those students that need an
additional one or two years to graduate high school. In 2010,
Mr. John Thomasian, Director of the National Governors
Association Center for Best Practices, stated, ``Governors
agreed to use a more consistent and accurate graduation rate
formula because they understand that better information on
student outcomes is critical for ensuring that all students
graduate from high school prepared for college, work and
life.'' States have been using this common definition since the
2010-2011 school year.
H.R. 3989 codifies this approach by defining the terms
``four-year adjusted cohort graduation rate'' and ``extended-
year adjusted cohort graduation rate.'' States would be
required to report the four year rate, and allowed to report
the extended year rate, to the public. The committee believes
that the new definition will allow students, school leaders,
parents, and lawmakers to have accurate and reliable
information about high school and student performance.
Technology: H.R. 3989 redefines the term ``technology'' to
include the use of the Internet, computer devices, software
applications, and data systems, among other modern information
tools, in order to reflect technology's role in a 21st century
economy. Throughout the Student Success Act, states and school
districts are given the flexibility to use technology in
delivering academic assessments, professional development,
distance education, and curriculum. The infusion of technology
provides timely results to educators and parents, coursework
that is dynamic and engaging, and personalized instruction to
meet individual students' needs. The definition should reflect
its modern uses.
Waiver authority
H.R. 3989 clarifies and limits the Secretary of Education's
authority to issue waivers of the statutory and regulatory
requirements of the ESEA. Unlike current law, the Student
Success Act is clear that the Secretary may not add, impose, or
require any condition outside of complying with the law in
exchange for granting a waiver.
In a September 23, 2011 letter to chief state school
officers, the Secretary announced he would grant waivers from
certain requirements of NCLB. He stated, ``This voluntary
opportunity will provide educators and state and local leaders
with flexibility regarding specific requirements of NCLB in
exchange for rigorous and comprehensive state-developed plans
designed to improve educational outcomes for all students,
close achievement gaps, increase equity, and improve the
quality of instruction'' (emphasis added).
In February 2012, the Secretary granted 11 states a
conditional waiver in exchange for adopting the department's
preferred mandates concerning what standards states will adopt,
how states will evaluate teachers and school leaders, and how
school districts will differentiate accountability and
improvement for their schools. The legality of this approach to
conditional waivers has been questioned by outside legal
experts, such as former Department of Education General Counsel
Kent Talbert and former Deputy General Counsel Robert Eitel, in
a February 2012 report from the Pioneer Institute entitled, The
Road to A National Curriculum: The Legal Aspects of the Common
Core Standards, Race to the Top, and Conditional Waivers.
Additionally, in a February 2012 report entitled Educational
Accountability and Secretarial Waiver Authority Under the ESEA,
the nonpartisan Congressional Research Service (CRS) cited the
broad nature of the conditions the Secretary imposed on states
and school districts as a reason the proposed waivers may not
survive a court challenge.
The committee believes the Secretary should have the
authority to provide waivers of certain statutory and
regulatory requirements to states and school districts affected
by unexpected and unforeseen circumstances or to implement
important reforms to improve student achievement. In continuing
this waiver authority, it is not the intent of the committee to
restrict the number or scope of waivers allowed under current
law. The Student Success Act maintains important provisions
authorizing the Secretary to provide flexibility to states and
districts, but properly prohibits the Secretary from using the
waiver authority to place new mandates or requirements on
states and school districts in exchange for that flexibility.
Prohibitions on federal control
H.R. 3989 consolidates various prohibitions included in
current law to restrict the authority of the Department of
Education in the General Provisions of the Act, and strengthens
and clarifies the prohibitions to ensure the limits of the
Secretary of Education and the federal government are clear.
The bill specifically prohibits the Secretary from establishing
a national curriculum, supporting a national test for students,
or requiring particular academic standards, whether directly or
indirectly through grants or other means.
The committee believes it is clear that the role of the
federal government is limited in nature. Prohibitions included
in the General Education Provisions Act (GEPA), the Department
of Education Organization Act, and ESEA restrict the Secretary
and other federal employees from mandating, directing, or
controlling a state, school district, or school's curriculum or
instructional programs. The law also includes prohibitions on
federal approval or certification of academic standards and
developing and testing, implementing, administering, or
distributing national tests in any subject. Even though these
provisions are clear, it has become evident that the Department
of Education is attempting to evade current law, reading
limitations into the prohibitions. Therefore, the Student
Success Act removes any doubt about the intent of the
prohibitions placed on the Department of Education and other
agencies of the federal government. The committee believes that
representatives of the federal government should respect the
intent and purpose of the laws governing the establishment of
federal agencies and programs and should refrain from
overstepping or expanding their authority.
Protections for state and local autonomy
H.R. 3989 redesignates other important sections of current
law to fit within the new configuration of Title V. The
designated sections include: By-Pass Determination Process;
Prohibition Against Funds for Religious Worship or Instruction;
Private, Religious, and Home Schools; Prohibition Regarding
State Aid; Privacy of Assessment Results; School Prayer; Equal
Access to Public School Facilities; Prohibition on Nationwide
Database; Prohibition on Discrimination; and Civil Rights. The
committee strongly supports these protections and requirements,
believes they should remain a strong part of the law, and urges
the Department of Education to fully implement and enforce such
provisions.
Military recruiters
H.R. 3989 clarifies and strengthens the Military Recruiter
provision within current law. School districts receiving funds
under the ESEA are required to provide military recruiters the
same access to high schools and basic student contact
information that is provided to colleges, universities, and
other recruiters. These provisions are in place so the nation's
military recruiters are able to work with students to make sure
they are aware of the benefits of joining the military upon
graduation and are able to weigh that career option.
Unfortunately, some school districts have tried to limit
access to military recruiters and/or to establish additional
barriers that do not exist for colleges and universities or
other prospective employers. The Student Success Act includes
new language in this long-standing section that clarifies that
parents (or students once they have turned 18) can opt-out of
having student information shared with military recruiters, but
the school district cannot implement an opt-in provision. The
committee strongly urges all school districts in the country to
institute policies that will provide prospective graduates with
all of their postsecondary options, including the ability to
enroll in the Armed Forces. States and school districts should
understand that it is against federal law to place military
recruiting at a disadvantage to other prospective post-high
school opportunities.
Reducing federal bureaucracy
During the markup of H.R. 3989, the committee adopted an
amendment offered by Rep. Todd Rokita (R-IN) to require the
Secretary to eliminate those staff positions associated with
programs eliminated or consolidated under the bill. Under the
amendment, the Secretary would have two months to identify how
many full-time equivalent employees worked on or administered
the eliminated programs, and one year to reduce the
department's workforce by that number. As Mr. Rokita explained
during consideration of the bill:
The amendment . . . would reduce the amount of
employees at the Department in correlation to the
reduction in programs. It is nice to discuss
efficiencies and get rid of wasteful programs, but if
we don't have metrics in place to see in fact that the
Federal footprint is getting smaller then we are not
sure if we have really done our jobs. The Federal
Government i[s] too involved in our Nation's schools
when we should be leaving most of these decisions to
States and local school districts. We have to trust
people again, Mr. Chairman. I trust my school district
employees, I trust my school district officials. I
trust my parents more than I do any Federal bureaucrat
who is unelected or unaccountable. We need to roll back
bureaucratic requirements and regulations, which this
bill does. We need to eliminate ineffective and
duplicate programs, which this bill does. We need to
reduce the Department of Education's actual footprint
though which my amendment will do.
The committee supports the intent of the Rokita amendment
not only to limit the federal role in education, but to reduce
the actual size of the Department of Education.
Conclusion
The committee is pursuing a new approach to education
reform by re-evaluating the federal role in elementary and
secondary education. The federal government is too involved in
our nation's classrooms, and states and school districts should
bear the primary responsibility for public education. The
committee aims to reduce the size and scope of the Department
of Education, roll back federal bureaucratic requirements and
regulations, and eliminate and consolidate ineffective and
duplicative federal education programs to help balance the
budget and get the federal deficit and debt under control.
These efforts will empower parents, teachers, and school
leaders to address unacceptable achievement gaps, provide
additional educational options to students, and successfully
prepare students for postsecondary education and the workforce.
Section-by-Section Analysis
Section 1--Short title
States the short title as the Student Success Act.
Section 2--Table of contents
Lists the table of contents for the Act.
Section 3--References
References the Elementary and Secondary Education Act.
Section 4--Transitions
States that any person or agency that previously received a
grant under the Elementary and Secondary Education Act prior to
enactment of this Act will continue to receive that award in
accordance with the terms of that award up to one year from the
enactment of the Act, unless otherwise stated in this Act.
Section 5--Effective dates
Specifies the effective dates of the amendments and
programs within the Act.
Section 6--Authorization of appropriations
Amends 20 U.S.C. 6301 et seq. to authorize the
appropriations for the Act.
Title I
SUBTITLE A
Section 101--Title heading
Amends the title heading for Title I (20 U.S.C. 6301 et
seq.) to read ``Title I--Aid to Local Educational Agencies.''
Section 102--Statement of purpose
Amends Section 1001 (20 U.S.C. 6301) to reflect the purpose
of Title I--Aid to Local Educational Agencies.
Section 103--Flexibility to use federal funds
Amends Section 1002 (20 U.S.C. 6302) to specify general
requirements for alternative uses of federal funds.
Section 104--School improvement
Amends Section 1003 (20 U.S.C. 6303) to specify the general
requirements for school improvement of poorly performing Title
I schools.
Section 105--Direct student services
Amends ESEA by inserting a section to require states to set
aside Title I money to provide competitive grants to school
districts for direct student services.
Section 106--State administration
Amends Section 1004 (20 U.S.C. 6304) to specify the general
requirements for how the states may administer the title.
SUBTITLE B
Section 111--Part A headings
States the Part A heading of Title I as ``Part A--Improving
the Academic Achievement of the Disadvantaged.'' States the
subpart heading for Subpart 1 of Part A of Title I as ``Subpart
1--Improving Basic Programs Operated by Local Educational
Agencies `Chapter A--Basic Program Requirements.''' States the
subpart heading for Subpart 2 of Part A of Title I as ``Chapter
B--Allocations.''
Section 112--State plans
Amends Section 1111 (20 U.S.C. 6311) to specify the general
requirements for plans submitted by states wishing to receive a
grant under this subpart.
Section 113--Local educational agency plans
Amends Section 1112 (20 U.S.C. 6312) to specify the general
requirements for plans submitted by local educational agencies
wishing to receive subgrants under this subpart.
Section 114--Eligible school attendance areas
Amends Section 1113 (20 U.S.C. 6313) to specify the school
attendance areas eligible for using funds received under this
subpart.
Section 115--Schoolwide programs
Amends Section 1114 (20 U.S.C. 6314) to specify the general
requirements for schoolwide programs operated through funds
allocated in this subpart.
Section 116--Targeted assistance schools
Amends Section 1115 (20 U.S.C. 6315) by specifying general
requirements for using funds related to targeted assistance
schools.
Section 117--Academic assessment and local educational agency and
school improvement; school support and recognition
Repeals Sections 1116 and 1117 (20 U.S.C. 6316; 6317)
regarding local educational agency and school improvement, and
school support and recognition.
Section 118--Parental involvement
Amends Section 1118 (20 U.S.C. 6318) to specify the general
requirements for the use of funds regarding parental
involvement programs.
Section 119--Qualifications for teachers and paraprofessionals
Repeals Section 1119 (20 U.S.C. 6319) which sets federal
requirements around teachers and paraprofessionals and removes
the requirement that teachers be highly qualified.
Section 120--Participation of children enrolled in private schools
Amends Section 1120 (20 U.S.C. 6320), which specifies the
participation of private school students and teachers in the
programs funded under this Act. Improves the consultation and
negotiation processes to provide clearer procedures and faster
notice for private school officials.
Section 121--Fiscal requirements
Amends Section 1120A (20 U.S.C. 6321) to specify the fiscal
requirements of the subpart and to remove the maintenance of
effort provision.
Section 122--Coordination requirements
Amends Section 1120B (20 U.S.C. 6322) to specify the
general requirements for coordination with Head Start and other
entities carrying out early childhood development programs.
Section 123--Grants for the outlying areas and the Secretary of the
Interior
Amends Section 1121 (20 U.S.C. 6331) to specify the general
requirements for grants for the outlying areas and the
Secretary of the Interior.
Section 124--Allocations to states
Amends Section 1122 (20 U.S.C. 6332) to specify the general
requirements for allocating to states funds reserved under this
Act.
Section 125--Basic grants to local educational agencies
Amends Section 1124 (20 U.S.C. 6333) to specify the general
requirements for awarding basic grants to local educational
agencies.
Section 126--Adequacy of funding of targeted grants to local
educational agencies in fiscal years after fiscal year 2001
Amends Section 1125AA (20 U.S.C. 6336) to specify the
adequate level of funding of targeted grants to local
educational agencies in fiscal years after fiscal year 2001.
Section 127--Education finance incentive grant program
Amends Section 1125A (20 U.S.C. 6337) to specify the
general requirements of the Education Finance Incentive Grant
Program.
Section 128--Carryover and waiver
Amends Section 1127 (20 U.S.C. 6339) by specifying the
general requirements regarding the carryover of funds to
additional years and the waiver of those requirements.
SUBTITLE C
Section 131--Additional aid
Amends Title I (20 U.S.C. 6301 et seq.) to specify the
general requirements for additional aid to schools and school
districts. Maintains separate funding streams for the Migrant
Education, Neglected and Delinquent, English Language
Acquisition, Rural Education, and Indian Education programs,
but merges them into Title I.
SUBTITLE D
Section 141--National assessment of Title I
Redesignates Part E of Title I (20 U.S.C. 6491 et seq.) as
Part B of Title I. Repeals Sections 1502 and 1504 (20 U.S.C.
6492; 6494) to remove the grant program for demonstrations of
innovation practices and the Close Up Fellowship program.
Redesignates Sections 1501 and 1503 (20 U.S.C. 6491; 6493) as
Sections 1301 and 1302, respectively. Amends Section 1301 and
1302, as redesignated, to specify the general requirements for
the national assessment of Title I.
SUBTITLE E
Section 151--General provisions for Title I
Redesignates Part I of Title I (20 U.S.C. 6571 et seq.) as
Part C of Title I of the Act and amends it to specify the
general provisions for Title I.
Title II
Section 201--General provisions for the act
Amends Title V (20 U.S.C. 7201 et seq.) to specify the
general provisions for the Act.
Section 202--Repeal
Repeals Title IX (20 U.S.C. 7801 et seq.), which previously
specified the general provisions for the Act.
Section 203--Other laws
Specifies references to the term ``highly qualified'' in
other laws.
Section 204--Amendment to IDEA
Amends Section 602 of the Individuals with Disabilities
Education Act (20 U.S.C. 1401) to remove the highly qualified
teacher provision in the Act.
Explanation of Amendments
The amendments, including the amendment in the nature of a
substitute, are explained in the body of this report.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch. H.R. 3989 supports state and local accountability for
public education, provides important information to parents on
their schools' and students' performance, enhances local
flexibility, protects taxpayers' investments in education, and
strengthens state and local autonomy. H.R. 3989 would have no
direct impact on the Legislative Branch.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. This issue is addressed in the CBO letter.
Earmark Statement
H.R. 3989 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of House Rule XXI.
Roll Call Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee Report to include for
each record vote on a motion to report the measure or matter
and on any amendments offered to the measure or matter the
total number of votes for and against and the names of the
Members voting for and against.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Statement of General Performance Goals and Objectives
In accordance with clause (3)(c) of House Rule XIII, the
goal of H.R. 3989 is to reform the Elementary and Secondary
Education Act. The Committee expects the Department of
Education to comply with these provisions and implement the
changes to the law in accordance with these stated goals.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
2(b)(1) of rule X of the Rules of the House of Representatives,
the Committee's oversight findings and recommendations are
reflected in the body of this report.
New Budget Authority and CBO Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following estimate for H.R. 3989 from the Director of the
Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 21, 2012.
Hon. John Kline,
Chairman, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3989, the Student
Success Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Justin
Humphrey.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 3989--Student Success Act
Summary: H.R. 3989 would amend and reauthorize several
titles of the Elementary and Secondary Education Act of 1965
(the ESEA, commonly referred to, in its most recently
reauthorized form, as No Child Left Behind). The underlying
authorizations for those programs have expired, although most
have received appropriations since their authorizations have
expired. This bill would authorize funding through fiscal year
2018 for various grant programs, including grants for rural
school districts and those with high proportions of low-income
students, as well as funding for the education of Native
Americans, children of migrant workers and other at-risk
children, and students learning English. These authorizations
would automatically be extended one year through 2019, under
the General Education Provisions Act.
CBO estimates that H.R. 3989 would authorize the
appropriation of $16.7 billion in 2013 and $85.9 billion over
the 2013-2017 period. Implementing the bill would have
discretionary costs of $64.0 billion over the 2013-2017 period,
assuming appropriation of the estimated amounts. Enacting the
bill would have no effect on direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
H.R. 3990 (the Encouraging Innovation and Effective
Teachers Act), also ordered reported by the House Committee on
Education and the Workforce on February 28, 2012, would amend
and reauthorize additional sections of the ESEA. Together, CBO
estimates that H.R. 3989 and H.R. 3990 would authorize the
appropriation of approximately $24 billion for fiscal year
2013. The Congress appropriated a little more than $24 billion
for activities authorized in the ESEA for fiscal year 2012.
(More detailed analysis of H.R. 3990 is included in a separate
estimate.)
H.R. 3989 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of the bill is shown in the following table.
The costs of this legislation fall within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2013 2014 2015 2016 2017 2013-2017
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Title I, Part A: Aid to Local Educational
Agencies:
Estimated Authorization Level............. 16,652 16,894 17,146 17,444 17,794 85,930
Estimated Outlays......................... 333 12,993 16,180 17,087 17,375 63,968
Title I, Part B: National Assessments of Title
I:
Estimated Authorization Level............. 3 3 3 3 3 16
Estimated Outlays......................... * 2 3 3 3 12
Title V: General Provisions:
Estimated Authorization Level............. 0 -2 -2 -2 -2 -8
Estimated Outlays......................... 0 -2 -2 -2 -2 -8
Total Changes:
Estimated Authorization Level............. 16,655 16,895 17,147 17,445 17,795 85,938
Estimated Outlays......................... 333 12,994 16,181 17,088 17,377 63,972
----------------------------------------------------------------------------------------------------------------
Notes: Some programs received advance appropriations for fiscal year 2013. CBO does not assume advance
appropriations in its estimates.
* = less than $500,000.
Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
bill will be enacted by October 1, 2012, that the estimated
amounts will be appropriated for each year, and that spending
will follow historical patterns.
CBO estimates that H.R. 3989 would authorize the
appropriation of $16.7 billion in 2013 and $85.9 billion over
the 2013-2017 period. Implementing the provisions in the bill
would cost about $64 billion over the 2013-2017 period,
assuming appropriation of the estimated amounts.
Title I of ESEA--Aid to local educational agencies
Title I of H.R. 3989 would replace title I of the current
ESEA with a new title divided in three parts. The bill would
authorize the appropriation of $16.7 billion for fiscal year
2013 and specify that these amounts be adjusted for inflation
for each fiscal year through 2018. CBO estimates that the bill
would authorize the appropriation of approximately $85.9 over
the 2013-2017 period for title I, almost all of which would be
for activities in Part A.
Part A--Improving the Academic Achievement of the
Disadvantaged. H.R. 3989 would authorize the appropriation of
$16.7 billion for programs in Part A of title I for fiscal year
2013. Adjusting for inflation, CBO estimates that the bill
would authorize the appropriation of $85.9 billion over the
2013-2017 period and that appropriating those amounts would
produce outlays of $64.0 billion over the same period. This
funding would support programs in six new subparts in Part A.
Subpart 1--Improving Basic Programs Operated by
Local Education Agencies. The bill would amend and reauthorize
funding for grants to local education agencies, school
improvement grants, and administrative support. The bill would
reserve 91 percent of all the funding provided for Part A for
this subpart (approximately $15.2 billion in fiscal year 2013).
The Congress appropriated about $15 billion for similar
activities in fiscal year 2012.
Subpart 2--Education of Migratory Children. H.R.
3989 would make changes to programs that support the education
of children of migrant workers. The bill would reserve 2.4
percent of the funding for all of Part A for this subpart
(approximately $400 million for fiscal year 2013). Funding for
the education of children of migrants totaled almost $400
million in fiscal year 2012.
Subpart 3--Prevention and Intervention Programs
for Children and Youth Who Are Neglected, Delinquent, or At
Risk. The bill would reauthorize programs that support the
education of delinquent and at-risk children and reserve
approximately 0.3 percent ($50 million for fiscal year 2013) of
funding for Part A for those activities. Funding totaled almost
$50 million for at-risk children for fiscal year 2012.
Subpart 4--English Language Acquisition, Language
Enhancement, and Academic Achievement. The bill would amend the
programs that provide support for teaching of the English
language to recent immigrants and other nonnative speakers
currently authorized under title III of the ESEA. The bill
would reserve about 4.4 percent of funding for Part A for these
activities in fiscal year 2013 ($730 million in fiscal year
2013), about the same amount as the Congress appropriated in
fiscal year 2012.
Subpart 5--Rural Education Achievement Program.
H.R. 3989 would amend and reauthorize the rural education
achievement programs, which provide grants to assist rural
school districts in improving teaching and learning outcomes.
These programs are authorized under title VI of the ESEA in
current law. The bill would reserve 1.1 percent of the total
amount provided for Part A (about $180 million in 2013).
Funding for rural education totaled nearly $180 million in
fiscal year 2012.
Subpart 6--Indian Education. The bill would
reauthorize and amend grant programs for Native Americans and
Hawaiians and for Alaska Natives currently authorized under
title VII of the ESEA. The bill would reserve approximately 0.8
percent (about $135 million for fiscal year 2013) of all funds
available for Part A. Funding for those grants totaled about
$130 million in fiscal year 2012.
Part B--National Assessments of Title I. H.R. 3989 would
amend and reauthorize the programs designed to assess the
effectiveness of title I, currently authorized under Part E of
title I in the ESEA. The bill would transfer those programs to
Part B and authorize the appropriation of $3 million for fiscal
year 2013 and specify that this amount be adjusted for
inflation each year through fiscal year 2018. CBO estimates
that implementing this provision would cost $12 million over
the 2013-2017 period, assuming the appropriation of the
estimated amounts. The Congress appropriated $3 million for
evaluations under title I in fiscal year 2012.
Part C--General Provisions. The bill would amend the
general provisions specified in Part I of title I of the
current ESEA. CBO estimates that amending those provisions
would have no impact on federal spending.
Title V of ESEA--General provisions
Title II of H.R. 3989 would amend the general provisions
specified under current law in title IX of the ESEA and
transfer them to title V. The bill would require that, within
one year of enactment, the Department of Education reduce its
workforce by the number of full-time equivalent employees who
work in or administer programs that are eliminated by this
bill. CBO estimates that implementing title V would reduce
discretionary spending by $8 million over the 2013-2017 period,
assuming appropriation actions consistent with the bill.
Pay-As-You-Go Considerations: None.
Intergovernmental and private-sector impact: H.R. 3989
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Those governments would benefit from grants
authorized in the bill for elementary and secondary education.
Any costs associated with those grants would be incurred
voluntarily as a result of complying with conditions of federal
assistance.
Previous CBO estimates: On January 4, 2012, CBO transmitted
a cost estimate for the Elementary and Secondary Education
Reauthorization Act of 2011, as ordered reported by the Senate
Committee on Health, Education, Labor, and Pensions on October
20, 2011. CBO estimated that the bill, which also reauthorized
the ESEA, would authorize the appropriation of $25.9 billion
for fiscal year 2013.
On March 15, 2012, CBO transmitted a revised estimate of
the Elementary and Secondary Education Reauthorization Act of
2011 that supersedes the cost estimate transmitted on January
4, 2012. CBO updated the estimate to reflect the private-sector
mandate that was omitted in the initial estimate. The estimated
costs of implementing the bill remain unchanged.
On March 21, 2012, CBO transmitted a cost estimate for H.R.
3990, the Encouraging Innovation and Effective Teachers Act, as
ordered reported by the House Committee on Education and the
Workforce on February 28, 2012. CBO estimated that this bill,
which amends and reauthorizes sections of the ESEA in addition
to those amended by H.R. 3989, would authorize the
appropriation of $38.6 billion over the 2013-2017 period.
Estimate prepared by: Federal Costs: Justin Humphrey;
Impact on State, Local, and Tribal Governments: J'nell Blanco;
Impact on the Private Sector: Jimmy Jin and Michael Levine.
Estimate approved by: Peter H. Fontaine, Assistant Director
for Budget Analysis.
Committee Cost Estimate
Clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison of the
costs that would be incurred in carrying out H.R. 3989.
However, clause 3(d)(2)(B) of that rule provides that this
requirement does not apply when the Committee has included in
its report a timely submitted cost estimate of the bill
prepared by the Director of the Congressional Budget Office
under section 402 of the Congressional Budget Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965
* * * * * * *
SEC. 3. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Title I.--
(1) Part a.--There are authorized to be appropriated
to carry out part A of title I $16,651,768,000 for
fiscal year 2013.
(2) Part b.--There are authorized to be appropriated
to carry out part B of title I $3,194,000 for fiscal
year 2013.
(b) Out Years.--The amounts authorized by subsection (a)
shall be increased for each of fiscal years 2014 through 2018
by a percentage equal to the percentage of inflation according
to the Consumer Price Index, for the calendar year ending prior
to the beginning of that fiscal year.
[TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
[SEC. 1001. STATEMENT OF PURPOSE.
[The purpose of this title is to ensure that all children
have a fair, equal, and significant opportunity to obtain a
high-quality education and reach, at a minimum, proficiency on
challenging State academic achievement standards and state
academic assessments. This purpose can be accomplished by--
[(1) ensuring that high-quality academic assessments,
accountability systems, teacher preparation and
training, curriculum, and instructional materials are
aligned with challenging State academic standards so
that students, teachers, parents, and administrators
can measure progress against common expectations for
student academic achievement;
[(2) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
limited English proficient children, migratory
children, children with disabilities, Indian children,
neglected or delinquent children, and young children in
need of reading assistance;
[(3) closing the achievement gap between high- and
low-performing children, especially the achievement
gaps between minority and nonminority students, and
between disadvantaged children and their more
advantaged peers;
[(4) holding schools, local educational agencies, and
States accountable for improving the academic
achievement of all students, and identifying and
turning around low-performing schools that have failed
to provide a high-quality education to their students,
while providing alternatives to students in such
schools to enable the students to receive a high-
quality education;
[(5) distributing and targeting resources
sufficiently to make a difference to local educational
agencies and schools where needs are greatest;
[(6) improving and strengthening accountability,
teaching, and learning by using State assessment
systems designed to ensure that students are meeting
challenging State academic achievement and content
standards and increasing achievement overall, but
especially for the disadvantaged;
[(7) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for
greater responsibility for student performance;
[(8) providing children an enriched and accelerated
educational program, including the use of schoolwide
programs or additional services that increase the
amount and quality of instructional time;
[(9) promoting schoolwide reform and ensuring the
access of children to effective, scientifically based
instructional strategies and challenging academic
content;
[(10) significantly elevating the quality of
instruction by providing staff in participating schools
with substantial opportunities for professional
development;
[(11) coordinating services under all parts of this
title with each other, with other educational services,
and, to the extent feasible, with other agencies
providing services to youth, children, and families;
and
[(12) affording parents substantial and meaningful
opportunities to participate in the education of their
children.
[SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
[(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, there are authorized to be appropriated--
[(1) $13,500,000,000 for fiscal year 2002;
[(2) $16,000,000,000 for fiscal year 2003;
[(3) $18,500,000,000 for fiscal year 2004;
[(4) $20,500,000,000 for fiscal year 2005;
[(5) $22,750,000,000 for fiscal year 2006; and
[(6) $25,000,000,000 for fiscal year 2007.
[(b) Reading First.--
[(1) Reading first.--For the purpose of carrying out
subpart 1 of part B, there are authorized to be
appropriated $900,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(2) Early reading first.--For the purpose of
carrying out subpart 2 of part B, there are authorized
to be appropriated $75,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5
succeeding fiscal years.
[(3) Even start.--For the purpose of carrying out
subpart 3 of part B, there are authorized to be
appropriated $260,000,000 for fiscal year 2002 and such
sums as may be necessary for each of the 5 succeeding
fiscal years.
[(4) Improving literacy through school libraries.--
For the purpose of carrying out subpart 4 of part B,
there are authorized to be appropriated $250,000,000
for fiscal year 2002 and such sums as may be necessary
for each of the 5 succeeding fiscal years.
[(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$410,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
[(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or At Risk.--For the purpose of carrying
out part D, there are authorized to be appropriated $50,000,000
for fiscal year 2002 and such sums as may be necessary for each
of the 5 succeeding fiscal years.
[(e) Federal Activities.--
[(1) Sections 1501 and 1502.--For the purpose of
carrying out sections 1501 and 1502, there are
authorized to be appropriated such sums as may be
necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Section 1504.--
[(A) In general.--For the purpose of carrying
out section 1504, there are authorized to be
appropriated such sums as may be necessary for
fiscal year 2002 and for each of the 5
succeeding fiscal years.
[(B) Special rule.--Of the funds appropriated
pursuant to subparagraph (A), not more than 30
percent may be used for teachers associated
with students participating in the programs
described in subsections (a)(1), (b)(1), and
(c)(1).
[(f) Comprehensive School Reform.--For the purpose of
carrying out part F, there are authorized to be appropriated
such sums as may be necessary for fiscal year 2002 and each of
the 5 succeeding fiscal years.
[(g) Advanced Placement.--For the purposes of carrying out
part G, there are authorized to be appropriated such sums for
fiscal year 2002 and each 5 succeeding fiscal year.
[(h) School Dropout Prevention.--For the purpose of carrying
out part H, there are authorized to be appropriated
$125,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years, of which--
[(1) up to 10 percent shall be available to carry out
subpart 1 of part H for each fiscal year; and
[(2) the remainder shall be available to carry out
subpart 2 of part H for each fiscal year.
[(i) School Improvement.--For the purpose of carrying out
section 1003(g), there are authorized to be appropriated
$500,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.]
TITLE I--AID TO LOCAL EDUCATIONAL AGENCIES
SEC. 1001. STATEMENT OF PURPOSE.
The purpose of this title is to provide all children the
opportunity to graduate high school prepared for postsecondary
education or the workforce. This purpose can be accomplished
by--
(1) meeting the educational needs of low-achieving
children in our Nation's highest-poverty schools,
English learners, migratory children, children with
disabilities, Indian children, and neglected or
delinquent children;
(2) closing the achievement gap between high- and
low-performing children, especially the achievement
gaps between minority and nonminority students, and
between disadvantaged children and their more
advantaged peers;
(3) affording parents substantial and meaningful
opportunities to participate in the education of their
children; and
(4) challenging States and local educational agencies
to embrace meaningful, evidence-based education reform,
while encouraging state and local innovation.
SEC. 1002. FLEXIBILITY TO USE FEDERAL FUNDS.
(a) Alternative Uses of Federal Funds for State Educational
Agencies.--
(1) In general.--Subject to subsections (c) and (d)
and notwithstanding any other provision of law, a State
educational agency may use the applicable funding that
the agency receives for a fiscal year to carry out any
State activity authorized or required under one or more
of the following provisions:
(A) Section 1003.
(B) Section 1004.
(C) Subpart 2 of part A of title I.
(D) Subpart 3 of part A of title I.
(E) Subpart 4 of part A of title I.
(F) Chapter B of subpart 6 of part A of title
I.
(2) Notification.--Not later than June 1 of each
year, a State educational agency shall notify the
Secretary of the State educational agency's intention
to use the applicable funding for any of the
alternative uses under paragraph (1).
(3) Applicable funding defined.--
(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
``applicable funding'' means funds provided to
carry out State activities under one or more of
the following provisions.
(i) Section 1003.
(ii) Section 1004.
(iii) Subpart 2 of part A of title I.
(iv) Subpart 3 of part A of title I.
(v) Subpart 4 of part A of title I.
(B) Limitation.--In this subsection, the term
``applicable funding'' does not include funds
provided under any of the provisions listed in
subparagraph (A) that State educational
agencies are required by this Act--
(i) to reserve, allocate, or spend
for required activities;
(ii) to allocate, allot, or award to
local educational agencies or other
entities eligible to receive such
funds; or
(iii) to use for technical assistance
or monitoring.
(4) Disbursement.--The Secretary shall disburse the
applicable funding to State educational agencies for
alternative uses under paragraph (1) for a fiscal year
at the same time as the Secretary disburses the
applicable funding to State educational agencies that
do not intend to use the applicable funding for such
alternative uses for the fiscal year.
(b) Alternative Uses of Federal Funds for Local Educational
Agencies.--
(1) In general.--Subject to subsections (c) and (d)
and notwithstanding any other provision of law, a local
educational agency may use the applicable funding that
the agency receives for a fiscal year to carry out any
local activity authorized or required under one or more
of the following provisions:
(A) Section 1003.
(B) Subpart 1 of part A of title I.
(C) Subpart 2 of part A of title I.
(D) Subpart 3 of part A of title I.
(E) Subpart 4 of part A of title I.
(F) Subpart 6 of part A of title I.
(2) Notification.--A local educational agency shall
notify the State educational agency of the local
educational agency's intention to use the applicable
funding for any of the alternative uses under paragraph
(1) by a date that is established by the State
educational agency for the notification.
(3) Applicable funding defined.--
(A) In general.--Except as provided in
subparagraph (B), in this subsection, the term
``applicable funding'' means funds provided to
carry out local activities under one or more of
the following provisions:
(i) Subpart 2 of part A of title I.
(ii) Subpart 3 of part A of title I.
(iii) Subpart 4 of part A of title I.
(iv) Chapter A of subpart 6 of part A
of title I.
(B) Limitation.--In this subsection, the term
``applicable funding'' does not include funds
provided under any of the provisions listed in
subparagraph (A) that local educational
agencies are required by this Act--
(i) to reserve, allocate, or spend
for required activities;
(ii) to allocate, allot, or award to
entities eligible to receive such
funds; or
(iii) to use for technical assistance
or monitoring.
(4) Disbursement.--Each State educational agency that
receives applicable funding for a fiscal year shall
disburse the applicable funding to local educational
agencies for alternative uses under paragraph (1) for
the fiscal year at the same time as the State
educational agency disburses the applicable funding to
local educational agencies that do not intend to use
the applicable funding for such alternative uses for
the fiscal year.
(c) Rule for Administrative Costs.--A State educational
agency or a local educational agency shall only use applicable
funding (as defined in subsection (a)(3) or (b)(3),
respectively) for administrative costs incurred in carrying out
a provision listed in subsection (a)(1) or (b)(1),
respectively, to the extent that the agency, in the absence of
this section, could have used funds for administrative costs
with respect to a program listed in subsection (a)(3) or
(b)(3), respectively.
(d) Rule of Construction.--Nothing in this section shall be
construed to relieve a State educational agency or local
educational agency of any requirements relating to--
(1) use of Federal funds to supplement, not supplant,
non-Federal funds;
(2) comparability of services;
(3) equitable participation of private school
students and teachers;
(4) applicable civil rights requirements;
(5) section 1113; or
(6) section 1111.
SEC. 1003. SCHOOL IMPROVEMENT.
(a) State Reservations.--Each State shall reserve [2 percent]
7 percent of the amount the State receives under [subpart 2 of
part A for fiscal years 2002 and 2003, and 4 percent of the
amount received under such subpart for fiscal years 2004
through 2007, to carry out subsection (b) and to carry out the
State's responsibilities under sections 1116 and 1117,] chapter
B of subpart 1 of part A for each fiscal year to carry out
subsection (b), including carrying out the State educational
agency's statewide system of technical assistance and support
for local educational agencies.
(b) Uses.--Of the amount reserved under subsection (a) for
any fiscal year, the State educational agency--
(1) shall allocate not less than 95 percent of that
amount directly to local educational agencies [for
schools identified for school improvement, corrective
action, and restructuring, for activities under section
1116(b)] to carry out the State's system of school
improvement under section 1111(b)(3)(B)(iii); or
* * * * * * *
(c) Priority.--The State educational agency, in allocating
funds to local educational agencies under this section, shall
give priority to local educational agencies that--
(1) serve the lowest-achieving schools; and
(2) demonstrate the greatest [need for such funds;
and] commitment to using such funds to improve such
schools.
[(3) demonstrate the strongest commitment to ensuring
that such funds are used to enable the lowest-achieving
schools to meet the progress goals in school
improvement plans under section 1116 (b)(3)(A)(v).]
(d) Unused Funds.--If, after consultation with local
educational agencies in the State, the State educational agency
determines that the amount of funds reserved to carry out
subsection (b) is greater than the amount needed to provide the
assistance described in that subsection, the State educational
agency shall allocate the excess amount to local educational
agencies in accordance with--
(1) the relative allocations the State educational
agency made to those agencies for that fiscal year
under [subpart 2 of part A;] chapter B of subpart 1 of
part A; or
* * * * * * *
(e) Special Rule.--Notwithstanding any other provision of
this section, the amount of funds reserved by the State
educational agency under subsection (a) [in any fiscal year] in
fiscal year 2014 and each subsequent fiscal year shall not
decrease the amount of funds each local educational agency
receives under [subpart 2] chapter B of subpart 1 of part A
below the amount received by such local educational agency
under [such subpart] such chapter for the preceding fiscal
year.
(f) Reporting.--The State educational agency shall make
publicly available a list of those schools that have received
funds or services pursuant to subsection (b) [and the
percentage of students from each school from families with
incomes below the poverty line].
[(g) Assistance for Local School Improvement.--
[(1) Program authorized.--The Secretary shall award
grants to States to enable the States to provide
subgrants to local educational agencies for the purpose
of providing assistance for school improvement
consistent with section 1116.
[(2) State allotments.--Such grants shall be allotted
among States, the Bureau of Indian Affairs, and the
outlying areas, in proportion to the funds received by
the States, the Bureau of Indian Affairs, and the
outlying areas, respectively, for the fiscal year under
parts A, C, and D of this title. The Secretary shall
expeditiously allot a portion of such funds to States
for the purpose of assisting local educational agencies
and schools that were in school improvement status on
the date preceding the date of enactment of the No
Child Left Behind Act of 2001.
[(3) Reallocations.--If a State does not receive
funds under this subsection, the Secretary shall
reallocate such funds to other States in the same
proportion funds are allocated under paragraph (2).
[(4) State applications.--Each State educational
agency that desires to receive funds under this
subsection shall submit an application to the Secretary
at such time, and containing such information, as the
Secretary shall reasonably require, except that such
requirement shall be waived if a State educational
agency submitted such information as part of its State
plan under this part. Each State application shall
describe how the State educational agency will allocate
such funds in order to assist the State educational
agency and local educational agencies in complying with
school improvement, corrective action, and
restructuring requirements of section 1116.
[(5) Local educational agency grants.--A grant to a
local educational agency under this subsection shall
be--
[(A) of sufficient size and scope to support
the activities required under sections 1116 and
1117, but not less than $50,000 and not more
than $500,000 for each participating school;
[(B) integrated with other funds awarded by
the State under this Act; and
[(C) renewable for two additional 1-year
periods if schools are meeting the goals in
their school improvement plans developed under
section 1116.
[(6) Priority.--The State, in awarding such grants,
shall give priority to local educational agencies with
the lowest-achieving schools that demonstrate--
[(A) the greatest need for such funds; and
[(B) the strongest commitment to ensuring
that such funds are used to provide adequate
resources to enable the lowest-achieving
schools to meet the goals under school and
local educational agency improvement,
corrective action, and restructuring plans
under section 1116.
[(7) Allocation.--A State educational agency that
receives a grant under this subsection shall allocate
at least 95 percent of the grant funds directly to
local educational agencies for schools identified for
school improvement, corrective action, or restructuring
to carry out activities under section 1116(b), or may,
with the approval of the local educational agency,
directly provide for these activities or arrange for
their provision through other entities such as school
support teams or educational service agencies.
[(8) Administrative costs.--A State educational
agency that receives a grant award under this
subsection may reserve not more than 5 percent of such
grant funds for administration, evaluation, and
technical assistance expenses.
[(9) Local awards.--Each local educational agency
that applies for assistance under this subsection shall
describe how it will provide the lowest-achieving
schools the resources necessary to meet goals under
school and local educational agency improvement,
corrective action, and restructuring plans under
section 1116.]
SEC. 1003A. DIRECT STUDENT SERVICES.
(a) State Reservation.--Each State shall reserve 3 percent of
the amount the State receives under chapter B of subpart 1 of
part A for each fiscal year to carry out this section. Of such
reserved funds, the State educational agency may use up to 1
percent to administer direct student services.
(b) Direct Student Services.--From the amount available after
the application of subsection (a), each State shall award
grants in accordance with this section to local educational
agencies to support direct student services.
(c) Awards.--The State educational agency shall award grants
to geographically diverse local educational agencies including
suburban, rural, and urban local educational agencies. If there
are not enough funds to award all applicants in a sufficient
size and scope to run an effective direct student services
program, the State shall prioritize awards to local educational
agencies with the greatest number of low-performing schools.
(d) Local Use of Funds.--A local educational agency receiving
an award under this section--
(1) shall use up to 1 percent of each award for
outreach and communication to parents about their
options and to register students for direct student
services;
(2) may use not more than 2 percent of each award for
administrative costs related to direct student
services; and
(3) shall use the remainder of the award to pay the
transportation required to provide public school choice
or the hourly rate for high-quality academic tutoring
services, as determined in the provider approval
process under subsection (f)(2).
(e) Application.--A local educational agency desiring to
receive an award under subsection (b) shall submit an
application describing how the local educational agency will--
(1) provide adequate outreach to ensure parents can
exercise a meaningful choice of direct student services
for their child's education;
(2) ensure parents have adequate time and information
to make a meaningful choice prior to enrolling their
child in a direct student service;
(3) ensure ample availability in the public schools
the local educational agency will make available for
public school choice options;
(4) determine the requirements or criteria for
student eligibility for direct student services;
(5) select a variety of providers of high quality
academic tutoring from the list required under
subsection (f)(2) and ensure fair negotiations in
selecting such providers of high-quality academic
tutoring, including online, on campus, and other models
of tutoring which provide meaningful choices to parents
to find the best service for their child; and
(6) develop an estimated per pupil expenditure
available for eligible students to use toward high
quality academic tutoring which shall allow for
adequate level of services to increase academic
achievement from a variety of high-quality academic
tutoring providers.
(f) Providers and Schools.--The State--
(1) shall ensure that each local educational agency
receiving an award to provide public school choice can
provide an ample number of options to provide a
meaningful choice for parents;
(2) shall compile a list of State-approved high-
quality academic tutoring providers that includes
online, on campus, and other models of tutoring; and
(3) shall ensure that each local educational agency
receiving an award will provide an adequate number of
high-quality academic tutoring options to ensure
parents have a meaningful choice of services.
[SEC. 1004. STATE ADMINISTRATION.
[(a) In General.--Except as provided in subsection (b), to
carry out administrative duties assigned under parts A, C, and
D of this title, each State may reserve the greater of--
[(1) 1 percent of the amounts received under such
parts; or
[(2) $400,000 ($50,000 in the case of each outlying
area).
[(b) Exception.--If the sum of the amounts appropriated for
parts A, C, and D of this title is equal to or greater than
$14,000,000,000, then the reservation described in subsection
(a)(1) shall not exceed 1 percent of the amount the State would
receive, if $14,000,000,000 were allocated among the States for
parts A, C, and D of this title.]
SEC. 1004. STATE ADMINISTRATION.
(a) In General.--Except as provided in subsection (b), to
carry out administrative duties assigned under subparts 1, 2,
and 3 of part A of this title, each State may reserve the
greater of--
(1) 1 percent of the amounts received under such
subparts; or
(2) $400,000 ($50,000 in the case of each outlying
area).
(b) Exception.--If the sum of the amounts reserved under
subparts 1, 2, and 3 of part A of this title is equal to or
greater than $14,000,000,000, then the reservation described in
subsection (a)(1) shall not exceed 1 percent of the amount the
State would receive if $14,000,000,000 were allocated among the
States for subparts 1, 2, and 3 of part A of this title.
[PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
[Subpart 1--Basic Program Requirements]
PART A--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED
Subpart 1--Improving Basic Programs Operated by Local Educational
Agencies
CHAPTER A--BASIC PROGRAM REQUIREMENTS
[SEC. 1111. STATE PLANS.
[(a) Plans Required.--
[(1) In general.--For any State desiring to receive a
grant under this part, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency, in consultation with local
educational agencies, teachers, principals, pupil
services personnel, administrators (including
administrators of programs described in other parts of
this title), other staff, and parents, that satisfies
the requirements of this section and that is
coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl
D. Perkins Career and Technical Education Act of 2006,
the Head Start Act, the Adult Education and Family
Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
[(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a
consolidated plan under section 9302.
[(b) Academic Standards, Academic Assessments, and
Accountability.--
[(1) Challenging academic standards.--
[(A) In general.--Each State plan shall
demonstrate that the State has adopted
challenging academic content standards and
challenging student academic achievement
standards that will be used by the State, its
local educational agencies, and its schools to
carry out this part, except that a State shall
not be required to submit such standards to the
Secretary.
[(B) Same standards.--The academic standards
required by subparagraph (A) shall be the same
academic standards that the State applies to
all schools and children in the State.
[(C) Subjects.--The State shall have such
academic standards for all public elementary
school and secondary school children, including
children served under this part, in subjects
determined by the State, but including at least
mathematics, reading or language arts, and
(beginning in the 2005-2006 school year)
science, which shall include the same
knowledge, skills, and levels of achievement
expected of all children.
[(D) Challenging academic standards.--
Standards under this paragraph shall include--
[(i) challenging academic content
standards in academic subjects that--
[(I) specify what children
are expected to know and be
able to do;
[(II) contain coherent and
rigorous content; and
[(III) encourage the teaching
of advanced skills; and
[(ii) challenging student academic
achievement standards that--
[(I) are aligned with the
State's academic content
standards;
[(II) describe two levels of
high achievement (proficient
and advanced) that determine
how well children are mastering
the material in the State
academic content standards; and
[(III) describe a third level
of achievement (basic) to
provide complete information
about the progress of the
lower-achieving children toward
mastering the proficient and
advanced levels of achievement.
[(E) Information.--For the subjects in which
students will be served under this part, but
for which a State is not required by
subparagraphs (A), (B), and (C) to develop, and
has not otherwise developed, such academic
standards, the State plan shall describe a
strategy for ensuring that students are taught
the same knowledge and skills in such subjects
and held to the same expectations as are all
children.
[(F) Existing standards.--Nothing in this
part shall prohibit a State from revising,
consistent with this section, any standard
adopted under this part before or after the
date of enactment of the No Child Left Behind
Act of 2001.
[(2) Accountability.--
[(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide State
accountability system that will be effective in
ensuring that all local educational agencies,
public elementary schools, and public secondary
schools make adequate yearly progress as
defined under this paragraph. Each State
accountability system shall--
[(i) be based on the academic
standards and academic assessments
adopted under paragraphs (1) and (3),
and other academic indicators
consistent with subparagraph (C)(vi)
and (vii), and shall take into account
the achievement of all public
elementary school and secondary school
students;
[(ii) be the same accountability
system the State uses for all public
elementary schools and secondary
schools or all local educational
agencies in the State, except that
public elementary schools, secondary
schools, and local educational agencies
not participating under this part are
not subject to the requirements of
section 1116; and
[(iii) include sanctions and rewards,
such as bonuses and recognition, the
State will use to hold local
educational agencies and public
elementary schools and secondary
schools accountable for student
achievement and for ensuring that they
make adequate yearly progress in
accordance with the State's definition
under subparagraphs (B) and (C).
[(B) Adequate yearly progress.--Each State
plan shall demonstrate, based on academic
assessments described in paragraph (3), and in
accordance with this paragraph, what
constitutes adequate yearly progress of the
State, and of all public elementary schools,
secondary schools, and local educational
agencies in the State, toward enabling all
public elementary school and secondary school
students to meet the State's student academic
achievement standards, while working toward the
goal of narrowing the achievement gaps in the
State, local educational agencies, and schools.
[(C) Definition.--``Adequate yearly
progress'' shall be defined by the State in a
manner that--
[(i) applies the same high standards
of academic achievement to all public
elementary school and secondary school
students in the State;
[(ii) is statistically valid and
reliable;
[(iii) results in continuous and
substantial academic improvement for
all students;
[(iv) measures the progress of public
elementary schools, secondary schools
and local educational agencies and the
State based primarily on the academic
assessments described in paragraph (3);
[(v) includes separate measurable
annual objectives for continuous and
substantial improvement for each of the
following:
[(I) The achievement of all
public elementary school and
secondary school students.
[(II) The achievement of--
[(aa) economically
disadvantaged students;
[(bb) students from
major racial and ethnic
groups;
[(cc) students with
disabilities; and
[(dd) students with
limited English
proficiency;
except that disaggregation of
data under subclause (II) shall
not be required in a case in
which the number of students in
a category is insufficient to
yield statistically reliable
information or the results
would reveal personally
identifiable information about
an individual student;
[(vi) in accordance with subparagraph
(D), includes graduation rates for
public secondary school students
(defined as the percentage of students
who graduate from secondary school with
a regular diploma in the standard
number of years) and at least one other
academic indicator, as determined by
the State for all public elementary
school students; and
[(vii) in accordance with
subparagraph (D), at the State's
discretion, may also include other
academic indicators, as determined by
the State for all public school
students, measured separately for each
group described in clause (v), such as
achievement on additional State or
locally administered assessments,
decreases in grade-to-grade retention
rates, attendance rates, and changes in
the percentages of students completing
gifted and talented, advanced
placement, and college preparatory
courses.
[(D) Requirements for other indicators.--In
carrying out subparagraph (C)(vi) and (vii),
the State--
[(i) shall ensure that the indicators
described in those provisions are valid
and reliable, and are consistent with
relevant, nationally recognized
professional and technical standards,
if any; and
[(ii) except as provided in
subparagraph (I)(i), may not use those
indicators to reduce the number of, or
change, the schools that would
otherwise be subject to school
improvement, corrective action, or
restructuring under section 1116 if
those additional indicators were not
used, but may use them to identify
additional schools for school
improvement or in need of corrective
action or restructuring.
[(E) Starting point.--Each State, using data
for the 2001-2002 school year, shall establish
the starting point for measuring, under
subparagraphs (G) and (H), the percentage of
students meeting or exceeding the State's
proficient level of academic achievement on the
State assessments under paragraph (3) and
pursuant to the timeline described in
subparagraph (F). The starting point shall be,
at a minimum, based on the higher of the
percentage of students at the proficient level
who are in--
[(i) the State's lowest achieving
group of students described in
subparagraph (C)(v)(II); or
[(ii) the school at the 20th
percentile in the State, based on
enrollment, among all schools ranked by
the percentage of students at the
proficient level.
[(F) Timeline.--Each State shall establish a
timeline for adequate yearly progress. The
timeline shall ensure that not later than 12
years after the end of the 2001-2002 school
year, all students in each group described in
subparagraph (C)(v) will meet or exceed the
State's proficient level of academic
achievement on the State assessments under
paragraph (3).
[(G) Measurable objectives.--Each State shall
establish statewide annual measurable
objectives, pursuant to subparagraph (C)(v),
for meeting the requirements of this paragraph,
and which--
[(i) shall be set separately for the
assessments of mathematics and reading
or language arts under subsection
(a)(3);
[(ii) shall be the same for all
schools and local educational agencies
in the State;
[(iii) shall identify a single
minimum percentage of students who are
required to meet or exceed the
proficient level on the academic
assessments that applies separately to
each group of students described in
subparagraph (C)(v);
[(iv) shall ensure that all students
will meet or exceed the State's
proficient level of academic
achievement on the State assessments
within the State's timeline under
subparagraph (F); and
[(v) may be the same for more than 1
year, subject to the requirements of
subparagraph (H).
[(H) Intermediate goals for annual yearly
progress.--Each State shall establish
intermediate goals for meeting the
requirements, including the measurable
objectives in subparagraph (G), of this
paragraph and that shall--
[(i) increase in equal increments
over the period covered by the State's
timeline under subparagraph (F);
[(ii) provide for the first increase
to occur in not more than 2 years; and
[(iii) provide for each following
increase to occur in not more than 3
years.
[(I) Annual improvement for schools.--Each
year, for a school to make adequate yearly
progress under this paragraph--
[(i) each group of students described
in subparagraph (C)(v) must meet or
exceed the objectives set by the State
under subparagraph (G), except that if
any group described in subparagraph
(C)(v) does not meet those objectives
in any particular year, the school
shall be considered to have made
adequate yearly progress if the
percentage of students in that group
who did not meet or exceed the
proficient level of academic
achievement on the State assessments
under paragraph (3) for that year
decreased by 10 percent of that
percentage from the preceding school
year and that group made progress on
one or more of the academic indicators
described in subparagraph (C)(vi) or
(vii); and
[(ii) not less than 95 percent of
each group of students described in
subparagraph (C)(v) who are enrolled in
the school are required to take the
assessments, consistent with paragraph
(3)(C)(xi) and with accommodations,
guidelines, and alternative assessments
provided in the same manner as those
provided under section 612(a)(16)(A) of
the Individuals with Disabilities
Education Act and paragraph (3), on
which adequate yearly progress is based
(except that the 95 percent requirement
described in this clause shall not
apply in a case in which the number of
students in a category is insufficient
to yield statistically reliable
information or the results would reveal
personally identifiable information
about an individual student).
[(J) Uniform averaging procedure.--For the
purpose of determining whether schools are
making adequate yearly progress, the State may
establish a uniform procedure for averaging
data which includes one or more of the
following:
[(i) The State may average data from
the school year for which the
determination is made with data from
one or two school years immediately
preceding that school year.
[(ii) Until the assessments described
in paragraph (3) are administered in
such manner and time to allow for the
implementation of the uniform procedure
for averaging data described in clause
(i), the State may use the academic
assessments that were required under
paragraph (3) as that paragraph was in
effect on the day preceding the date of
enactment of the No Child Left Behind
Act of 2001, provided that nothing in
this clause shall be construed to
undermine or delay the determination of
adequate yearly progress, the
requirements of section 1116, or the
implementation of assessments under
this section.
[(iii) The State may use data across
grades in a school.
[(K) Accountability for charter schools.--The
accountability provisions under this Act shall
be overseen for charter schools in accordance
with State charter school law.
[(3) Academic assessments.--
[(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-
quality, yearly student academic assessments
that include, at a minimum, academic
assessments in mathematics, reading or language
arts, and science that will be used as the
primary means of determining the yearly
performance of the State and of each local
educational agency and school in the State in
enabling all children to meet the State's
challenging student academic achievement
standards, except that no State shall be
required to meet the requirements of this part
relating to science assessments until the
beginning of the 2007-2008 school year.
[(B) Use of assessments.--Each State
educational agency may incorporate the data
from the assessments under this paragraph into
a State-developed longitudinal data system that
links student test scores, length of
enrollment, and graduation records over time.
[(C) Requirements.--Such assessments shall--
[(i) be the same academic assessments
used to measure the achievement of all
children;
[(ii) be aligned with the State's
challenging academic content and
student academic achievement standards,
and provide coherent information about
student attainment of such standards;
[(iii) be used for purposes for which
such assessments are valid and
reliable, and be consistent with
relevant, nationally recognized
professional and technical standards;
[(iv) be used only if the State
educational agency provides to the
Secretary evidence from the test
publisher or other relevant sources
that the assessments used are of
adequate technical quality for each
purpose required under this Act and are
consistent with the requirements of
this section, and such evidence is made
public by the Secretary upon request;
[(v)(I) except as otherwise provided
for grades 3 through 8 under clause
vii, measure the proficiency of
students in, at a minimum, mathematics
and reading or language arts, and be
administered not less than once
during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9; and
[(cc) grades 10 through 12;
[(II) beginning not later than school
year 2007-2008, measure the proficiency
of all students in science and be
administered not less than one time
during--
[(aa) grades 3 through 5;
[(bb) grades 6 through 9; and
[(cc) grades 10 through 12;
[(vi) involve multiple up-to-date
measures of student academic
achievement, including measures that
assess higher-order thinking skills and
understanding;
[(vii) beginning not later than
school year 2005-2006, measure the
achievement of students against the
challenging State academic content and
student academic achievement standards
in each of grades 3 through 8 in, at a
minimum, mathematics, and reading or
language arts, except that the
Secretary may provide the State 1
additional year if the State
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the State, prevented full
implementation of the academic
assessments by that deadline and that
the State will complete implementation
within the additional 1-year period;
[(viii) at the discretion of the
State, measure the proficiency of
students in academic subjects not
described in clauses (v), (vi), (vii)
in which the State has adopted
challenging academic content and
academic achievement standards;
[(ix) provide for--
[(I) the participation in
such assessments of all
students;
[(II) the reasonable
adaptations and accommodations
for students with disabilities
(as defined under section
602(3) of the Individuals with
Disabilities Education Act)
necessary to measure the
academic achievement of such
students relative to State
academic content and State
student academic achievement
standards; and
[(III) the inclusion of
limited English proficient
students, 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 under
paragraph (7);
[(x) notwithstanding subclause (III),
the academic assessment (using tests
written in English) of reading or
language arts of any student who has
attended school in the United States
(not including Puerto Rico) for three
or more consecutive school years,
except that if the local educational
agency determines, on a case-by-case
individual basis, that academic
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 two 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;
[(xi) include students who have
attended schools in a local educational
agency for a full academic year but
have not attended a single school for a
full academic year, except that the
performance of students who have
attended more than 1 school in the
local educational agency in any
academic year shall be used only in
determining the progress of the local
educational agency;
[(xii) produce individual student
interpretive, descriptive, and
diagnostic reports, consistent with
clause (iii) that allow parents,
teachers, and principals to understand
and address the specific academic needs
of students, and include information
regarding achievement on academic
assessments aligned with State academic
achievement standards, and that are
provided to parents, teachers, and
principals, as soon as is practicably
possible after the assessment is given,
in an understandable and uniform
format, and to the extent practicable,
in a language that parents can
understand;
[(xiii) enable results to be
disaggregated within each State, local
educational agency, and school by
gender, by each major racial and ethnic
group, by English proficiency status,
by migrant status, by students with
disabilities as compared to nondisabled
students, and by economically
disadvantaged students as compared to
students who are not economically
disadvantaged, except that, in the case
of a local educational agency or a
school, such disaggregation shall not
be required in a case in which the
number of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal personally identifiable
information about an individual
student;
[(xiv) be consistent with widely
accepted professional 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;
and
[(xv) enable itemized score analyses
to be produced and reported, consistent
with clause (iii), to local educational
agencies and schools, so that parents,
teachers, principals, and
administrators can interpret and
address the specific academic needs of
students as indicated by the students'
achievement on assessment items.
[(D) Deferral.--A State may defer the
commencement, or suspend the administration,
but not cease the development, of the
assessments described in this paragraph, that
were not required prior to the date of
enactment of the No Child Left Behind Act of
2001, for 1 year for each year for which the
amount appropriated for grants under section
6113(a)(2) is less than--
[(i) $370,000,000 for fiscal year
2002;
[(ii) $380,000,000 for fiscal year
2003;
[(iii) $390,000,000 for fiscal year
2004; and
[(iv) $400,000,000 for fiscal years
2005 through 2007.
[(4) Special rule.--Academic assessment measures in
addition to those in paragraph (3) that do not meet the
requirements of such paragraph may be included in the
assessment under paragraph (3) as additional measures,
but may not be used in lieu of the academic assessments
required under paragraph (3). Such additional
assessment measures may not be used to reduce the
number of or change, the schools that would otherwise
be subject to school improvement, corrective action, or
restructuring under section 1116 if such additional
indicators were not used, but may be used to identify
additional schools for school improvement or in need of
corrective action or restructuring except as provided
in paragraph (2)(I)(i).
[(5) State authority.--If a State educational agency
provides evidence, which is satisfactory to the
Secretary, that neither the State educational agency
nor any other State government official, agency, or
entity has sufficient authority, under State law, to
adopt curriculum content and student academic
achievement standards, and academic assessments aligned
with such academic standards, which will be applicable
to all students enrolled in the State's public
elementary schools and secondary schools, then the
State educational agency may meet the requirements of
this subsection by--
[(A) adopting academic standards and academic
assessments that meet the requirements of this
subsection, on a statewide basis, and limiting
their applicability to students served under
this part; or
[(B) adopting and implementing policies that
ensure that each local educational agency in
the State that receives grants under this part
will adopt curriculum content and student
academic achievement standards, and academic
assessments aligned with such standards,
which--
[(i) meet all of the criteria in this
subsection and any regulations
regarding such standards and
assessments that the Secretary may
publish; and
[(ii) are applicable to all students
served by each such local educational
agency.
[(6) Language assessments.--Each State plan shall
identify the languages other than English that are
present in the participating student population and
indicate the languages for which yearly student
academic assessments are not available and are needed.
The State shall make every effort to develop such
assessments and may request assistance from the
Secretary if linguistically accessible academic
assessment measures are needed. Upon request, the
Secretary shall assist with the identification of
appropriate academic assessment measures in the needed
languages, but shall not mandate a specific academic
assessment or mode of instruction.
[(7) Academic assessments of english language
proficiency.--Each State plan shall demonstrate that
local educational agencies in the State will, beginning
not later than school year 2002-2003, provide for an
annual assessment of English proficiency (measuring
students' oral language, reading, and writing skills in
English) of all students with limited English
proficiency in the schools served by the State
educational agency, except that the Secretary may
provide the State 1 additional year if the State
demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period.
[(8) Requirement.--Each State plan shall describe--
[(A) how the State educational agency will
assist each local educational agency and school
affected by the State plan to develop the
capacity to comply with each of the
requirements of sections 1112(c)(1)(D),
1114(b), and 1115(c) that is applicable to such
agency or school;
[(B) how the State educational agency will
assist each local educational agency and school
affected by the State plan to provide
additional educational assistance to individual
students assessed as needing help to achieve
the State's challenging academic achievement
standards;
[(C) the specific steps the State educational
agency will take to ensure that both schoolwide
programs and targeted assistance schools
provide instruction by highly qualified
instructional staff as required by sections
1114(b)(1)(C) and 1115(c)(1)(E), including
steps that the State educational agency will
take to ensure that poor and minority children
are not taught at higher rates than other
children by inexperienced, unqualified, or out-
of-field teachers, and the measures that the
State educational agency will use to evaluate
and publicly report the progress of the State
educational agency with respect to such steps;
[(D) an assurance that the State educational
agency will assist local educational agencies
in developing or identifying high-quality
effective curricula aligned with State academic
achievement standards and how the State
educational agency will disseminate such
curricula to each local educational agency and
school within the State; and
[(E) such other factors the State educational
agency determines appropriate to provide
students an opportunity to achieve the
knowledge and skills described in the
challenging academic content standards adopted
by the State.
[(9) Factors affecting student achievement.--Each
State plan shall include an assurance that the State
educational agency will coordinate and collaborate, to
the extent feasible and necessary as determined by the
State educational agency, with agencies providing
services to children, youth, and families, with respect
to local educational agencies within the State that are
identified under section 1116 and that request
assistance with addressing major factors that have
significantly affected the academic achievement of
students in the local educational agency or schools
served by such agency.
[(10) Use of academic assessment results to improve
student academic achievement.--Each State plan shall
describe how the State educational agency will ensure
that the results of the State assessments described in
paragraph (3)--
[(A) will be promptly provided to local
educational agencies, schools, and teachers in
a manner that is clear and easy to understand,
but not later than before the beginning of the
next school year; and
[(B) be used by those local educational
agencies, schools, and teachers to improve the
educational achievement of individual students.
[(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
[(1) the State educational agency will meet the
requirements of subsection (h)(1) and, beginning with
the 2002-2003 school year, will produce the annual
State report cards described in such subsection, except
that the Secretary may provide the State educational
agency 1 additional year if the State educational
agency demonstrates that exceptional or uncontrollable
circumstances, such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State, prevented full implementation
of this paragraph by that deadline and that the State
will complete implementation within the additional 1-
year period;
[(2) the State will, beginning in school year 2002-
2003, participate in biennial State academic
assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act if the Secretary pays the
costs of administering such assessments;
[(3) the State educational agency, in consultation
with the Governor, will include, as a component of the
State plan, a plan to carry out the responsibilities of
the State under sections 1116 and 1117, including
carrying out the State educational agency's statewide
system of technical assistance and support for local
educational agencies;
[(4) the State educational agency will work with
other agencies, including educational service agencies
or other local consortia, and institutions to provide
technical assistance to local educational agencies and
schools, including technical assistance in providing
professional development under section 1119, technical
assistance under section 1117, and technical assistance
relating to parental involvement under section 1118;
[(5)(A) where educational service agencies exist, the
State educational agency will consider providing
professional development and technical assistance
through such agencies; and
[(B) where educational service agencies do not exist,
the State educational agency will consider providing
professional development and technical assistance
through other cooperative agreements such as through a
consortium of local educational agencies;
[(6) the State educational agency will notify local
educational agencies and the public of the content and
student academic achievement standards and academic
assessments developed under this section, and of the
authority to operate schoolwide programs, and will
fulfill the State educational agency's responsibilities
regarding local educational agency improvement and
school improvement under section 1116, including such
corrective actions as are necessary;
[(7) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this part;
[(8) the State educational agency will inform the
Secretary and the public of how Federal laws, if at
all, hinder the ability of States to hold local
educational agencies and schools accountable for
student academic achievement;
[(9) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
[(10) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114;
[(11) the State educational agency has involved the
committee of practitioners established under section
1903(b) in developing the plan and monitoring its
implementation;
[(12) the State educational agency will inform local
educational agencies in the State of the local
educational agency's authority to transfer funds under
title VI, to obtain waivers under part D of title IX,
and, if the State is an Ed-Flex Partnership State, to
obtain waivers under the Education Flexibility
Partnership Act of 1999;
[(13) the State educational agency will coordinate
activities funded under this part with other Federal
activities as appropriate; and
[(14) the State educational agency will encourage
local educational agencies and individual schools
participating in a program assisted under this part to
offer family literacy services (using funds under this
part), if the agency or school determines that a
substantial number of students served under this part
by the agency or school have parents who do not have a
secondary school diploma or its recognized equivalent
or who have low levels of literacy.
[(d) Parental Involvement.--Each State plan shall describe
how the State educational agency will support the collection
and dissemination to local educational agencies and schools of
effective parental involvement practices. Such practices
shall--
[(1) be based on the most current research that meets
the highest professional and technical standards, on
effective parental involvement that fosters achievement
to high standards for all children; and
[(2) be geared toward lowering barriers to greater
participation by parents in school planning, review,
and improvement experienced.
[(e) Peer Review and Secretarial Approval.--
[(1) Secretarial duties.--The Secretary shall--
[(A) establish a peer-review process to
assist in the review of State plans;
[(B) appoint individuals to the peer-review
process who are representative of parents,
teachers, State educational agencies, and local
educational agencies, and who are familiar with
educational standards, assessments,
accountability, the needs of low-performing
schools, and other educational needs of
students;
[(C) approve a State plan within 120 days of
its submission unless the Secretary determines
that the plan does not meet the requirements of
this section;
[(D) if the Secretary determines that the
State plan does not meet the requirements of
subsection (a), (b), or (c), immediately notify
the State of such determination and the reasons
for such determination;
[(E) not decline to approve a State's plan
before--
[(i) offering the State an
opportunity to revise its plan;
[(ii) providing technical assistance
in order to assist the State to meet
the requirements of subsections (a),
(b), and (c); and
[(iii) providing a hearing; and
[(F) have the authority to disapprove a State
plan for not meeting the requirements of this
part, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's academic content standards or to use
specific academic assessment instruments or
items.
[(2) State revisions.--A State plan shall be revised
by the State educational agency if it is necessary to
satisfy the requirements of this section.
[(f) Duration of the Plan.--
[(1) In general.--Each State plan shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this part.
[(2) Additional information.--If significant changes
are made to a State's plan, such as the adoption of new
State academic content standards and State student
achievement standards, new academic assessments, or a
new definition of adequate yearly progress, such
information shall be submitted to the Secretary.
[(g) Penalties.--
[(1) Failure to meet deadlines enacted in 1994.--
[(A) In general.--If a State fails to meet
the deadlines established by the Improving
America's Schools Act of 1994 (or under any
waiver granted by the Secretary or under any
compliance agreement with the Secretary) for
demonstrating that the State has in place
challenging academic content standards and
student achievement standards, and a system for
measuring and monitoring adequate yearly
progress, the Secretary shall withhold 25
percent of the funds that would otherwise be
available to the State for State administration
and activities under this part in each year
until the Secretary determines that the State
meets those requirements.
[(B) No extension.--Notwithstanding any other
provision of law, 90 days after the date of
enactment of the No Child Left Behind Act of
2001 the Secretary shall not grant any
additional waivers of, or enter into any
additional compliance agreements to extend, the
deadlines described in subparagraph (A) for any
State.
[(2) Failure to meet requirements enacted in 2001.--
If a State fails to meet any of the requirements of
this section, other than the requirements described in
paragraph (1), then the Secretary may withhold funds
for State administration under this part until the
Secretary determines that the State has fulfilled those
requirements.
[(h) Reports.--
[(1) Annual state report card.--
[(A) In general.--Not later than the
beginning of the 2002-2003 school year, unless
the State has received a 1-year extension
pursuant to subsection (c)(1), a State that
receives assistance under this part shall
prepare and disseminate an annual State report
card.
[(B) Implementation.--The State report card
shall be--
[(i) concise; and
[(ii) presented in an understandable
and uniform format and, to the extent
practicable, provided in a language
that the parents can understand.
[(C) Required information.--The State shall
include in its annual State report card--
[(i) information, in the aggregate,
on student achievement at each
proficiency level on the State academic
assessments described in subsection
(b)(3) (disaggregated by race,
ethnicity, gender, disability status,
migrant status, English proficiency,
and status as economically
disadvantaged, except that such
disaggregation shall not be required in
a case in which the number of students
in a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student);
[(ii) information that provides a
comparison between the actual
achievement levels of each group of
students described in subsection
(b)(2)(C)(v) and the State's annual
measurable objectives for each such
group of students on each of the
academic assessments required under
this part;
[(iii) the percentage of students not
tested (disaggregated by the same
categories and subject to the same
exception described in clause (i));
[(iv) the most recent 2-year trend in
student achievement in each subject
area, and for each grade level, for
which assessments under this section
are required;
[(v) aggregate information on any
other indicators used by the State to
determine the adequate yearly progress
of students in achieving State academic
achievement standards;
[(vi) graduation rates for secondary
school students consistent with
subsection (b)(2)(C)(vi);
[(vii) information on the performance
of local educational agencies in the
State regarding making adequate yearly
progress, including the number and
names of each school identified for
school improvement under section 1116;
and
[(viii) the professional
qualifications of teachers in the
State, the percentage of such teachers
teaching with emergency or provisional
credentials, and the percentage of
classes in the State not taught by
highly qualified teachers, in the
aggregate and disaggregated by high-
poverty compared to low-poverty schools
which, for the purpose of this clause,
means schools in the top quartile of
poverty and the bottom quartile of
poverty in the State.
[(D) Optional information.--The State may
include in its annual State report card such
other information as the State believes will
best provide parents, students, and other
members of the public with information
regarding the progress of each of the State's
public elementary schools and public secondary
schools. Such information may include
information regarding--
[(i) school attendance rates;
[(ii) average class size in each
grade;
[(iii) academic achievement and gains
in English proficiency of limited
English proficient students;
[(iv) the incidence of school
violence, drug abuse, alcohol abuse,
student suspensions, and student
expulsions;
[(v) the extent and type of parental
involvement in the schools;
[(vi) the percentage of students
completing advanced placement courses,
and the rate of passing of advanced
placement tests; and
[(vii) a clear and concise
description of the State's
accountability system, including a
description of the criteria by which
the State evaluates school performance,
and the criteria that the State has
established, consistent with subsection
(b)(2), to determine the status of
schools regarding school improvement,
corrective action, and restructuring.
[(2) Annual local educational agency report cards.--
[(A) Report cards.--
[(i) In general.--Not later than the
beginning of the 2002-2003 school year,
a local educational agency that
receives assistance under this part
shall prepare and disseminate an annual
local educational agency report card,
except that the State educational
agency may provide the local
educational agency 1 additional year if
the local educational agency
demonstrates that exceptional or
uncontrollable circumstances, such as a
natural disaster or a precipitous and
unforeseen decline in the financial
resources of the local educational
agency, prevented full implementation
of this paragraph by that deadline and
that the local educational agency will
complete implementation within the
additional 1-year period.
[(ii) Special rule.--If a State
educational agency has received an
extension pursuant to subsection
(c)(1), then a local educational agency
within that State shall not be required
to include the information required
under paragraph (1)(C) in such report
card during such extension.
[(B) Minimum requirements.--The State
educational agency shall ensure that each local
educational agency collects appropriate data
and includes in the local educational agency's
annual report the information described in
paragraph (1)(C) as applied to the local
educational agency and each school served by
the local educational agency, and--
[(i) in the case of a local
educational agency--
[(I) the number and
percentage of schools
identified for school
improvement under section
1116(c) and how long the
schools have been so
identified; and
[(II) information that shows
how students served by the
local educational agency
achieved on the statewide
academic assessment compared to
students in the State as a
whole; and
[(ii) in the case of a school--
[(I) whether the school has
been identified for school
improvement; and
[(II) information that shows
how the school's students
achievement on the statewide
academic assessments and other
indicators of adequate yearly
progress compared to students
in the local educational agency
and the State as a whole.
[(C) Other information.--A local educational
agency may include in its annual local
educational agency report card any other
appropriate information, whether or not such
information is included in the annual State
report card.
[(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that are
sufficient to yield statistically reliable
information, as determined by the State, and
that do not reveal personally identifiable
information about an individual student.
[(E) Public dissemination.--The local
educational agency shall, not later than the
beginning of the 2002-2003 school year, unless
the local educational agency has received a 1-
year extension pursuant to subparagraph (A),
publicly disseminate the information described
in this paragraph to all schools in the school
district served by the local educational agency
and to all parents of students attending those
schools in an understandable and uniform format
and, to the extent practicable, provided in a
language that the parents can understand, and
make the information widely available through
public means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies, except that if a local
educational agency issues a report card for all
students, the local educational agency may
include the information under this section as
part of such report.
[(3) Preexisting report cards.--A State educational
agency or local educational agency that was providing
public report cards on the performance of students,
schools, local educational agencies, or the State prior
to the enactment of the No Child Left Behind Act of
2001 may use those report cards for the purpose of this
subsection, so long as any such report card is
modified, as may be needed, to contain the information
required by this subsection.
[(4) Annual state report to the secretary.--Each
State educational agency receiving assistance under
this part shall report annually to the Secretary, and
make widely available within the State--
[(A) beginning with school year 2002-2003,
information on the State's progress in
developing and implementing the academic
assessments described in subsection (b)(3);
[(B) beginning not later than school year
2002-2003, information on the achievement of
students on the academic assessments required
by subsection (b)(3), including the
disaggregated results for the categories of
students identified in subsection (b)(2)(C)(v);
[(C) in any year before the State begins to
provide the information described in
subparagraph (B), information on the results of
student academic assessments (including
disaggregated results) required under this
section;
[(D) beginning not later than school year
2002-2003, unless the State has received an
extension pursuant to subsection (c)(1),
information on the acquisition of English
proficiency by children with limited English
proficiency;
[(E) the number and names of each school
identified for school improvement under section
1116(c), the reason why each school was so
identified, and the measures taken to address
the achievement problems of such schools;
[(F) the number of students and schools that
participated in public school choice and
supplemental service programs and activities
under this title; and
[(G) beginning not later than the 2002-2003
school year, information on the quality of
teachers and the percentage of classes being
taught by highly qualified teachers in the
State, local educational agency, and school.
[(5) Report to congress.--The Secretary shall
transmit annually to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate a report that provides national and State-
level data on the information collected under paragraph
(4).
[(6) Parents right-to-know.--
[(A) Qualifications.--At the beginning of
each school year, a local educational agency
that receives funds under this part shall
notify the parents of each student attending
any school receiving funds under this part that
the parents may request, and the agency will
provide the parents on request (and in a timely
manner), information regarding the professional
qualifications of the student's classroom
teachers, including, at a minimum, the
following:
[(i) Whether the teacher has met
State qualification and licensing
criteria for the grade levels and
subject areas in which the teacher
provides instruction.
[(ii) Whether the teacher is teaching
under emergency or other provisional
status through which State
qualification or licensing criteria
have been waived.
[(iii) The baccalaureate degree major
of the teacher and any other graduate
certification or degree held by the
teacher, and the field of discipline of
the certification or degree.
[(iv) Whether the child is provided
services by paraprofessionals and, if
so, their qualifications.
[(B) Additional information.--In addition to
the information that parents may request under
subparagraph (A), a school that receives funds
under this part shall provide to each
individual parent--
[(i) information on the level of
achievement of the parent's child in
each of the State academic assessments
as required under this part; and
[(ii) timely notice that the parent's
child has been assigned, or has been
taught for four or more consecutive
weeks by, a teacher who is not highly
qualified.
[(C) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
[(i) Privacy.--Information collected under this section shall
be collected and disseminated in a manner that protects the
privacy of individuals.
[(j) Technical Assistance.--The Secretary shall provide a
State educational agency, at the State educational agency's
request, technical assistance in meeting the requirements of
this section, including the provision of advice by experts in
the development of high-quality academic assessments, the
setting of State standards, the development of measures of
adequate yearly progress that are valid and reliable, and other
relevant areas.
[(k) Voluntary Partnerships.--A State may enter into a
voluntary partnership with another State to develop and
implement the academic assessments and standards required under
this section.
[(l) Construction.--Nothing in this part shall be construed
to prescribe the use of the academic assessments described in
this part for student promotion or graduation purposes.
[(m) Special Rule With Respect to Bureau-Funded Schools.--In
determining the assessments to be used by each operated or
funded by BIA school receiving funds under this part, the
following shall apply:
[(1) Each such school that is accredited by the State
in which it is operating shall use the assessments the
State has developed and implemented to meet the
requirements of this section, or such other appropriate
assessment as approved by the Secretary of the
Interior.
[(2) Each such school that is accredited by a
regional accrediting organization shall adopt an
appropriate assessment, in consultation with and with
the approval of, the Secretary of the Interior and
consistent with assessments adopted by other schools in
the same State or region, that meets the requirements
of this section.
[(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education
shall use an assessment developed by such agency or
division, except that the Secretary of the Interior
shall ensure that such assessment meets the
requirements of this section.
[SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
[(a) Plans Required.--
[(1) Subgrants.--A local educational agency may
receive a subgrant under this part for any fiscal year
only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career
and Technical Education Act of 2006, the McKinney-Vento
Homeless Assistance Act, and other Acts, as
appropriate.
[(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 9305.
[(b) Plan Provisions.--
[(1) In general.--In order to help low-achieving
children meet challenging achievement academic
standards, each local educational agency plan shall
include--
[(A) a description of high-quality student
academic assessments, if any, that are in
addition to the academic assessments described
in the State plan under section 1111(b)(3),
that the local educational agency and schools
served under this part will use--
[(i) to determine the success of
children served under this part in
meeting the State student academic
achievement standards, and to provide
information to teachers, parents, and
students on the progress being made
toward meeting the State student
academic achievement standards
described in section 1111(b)(1)(D)(ii);
[(ii) to assist in diagnosis,
teaching, and learning in the classroom
in ways that best enable low-achieving
children served under this part to meet
State student achievement academic
standards and do well in the local
curriculum;
[(iii) to determine what revisions
are needed to projects under this part
so that such children meet the State
student academic achievement standards;
and
[(iv) to identify effectively
students who may be at risk for reading
failure or who are having difficulty
reading, through the use of screening,
diagnostic, and classroom-based
instructional reading assessments, as
defined under section 1208;
[(B) at the local educational agency's
discretion, a description of any other
indicators that will be used in addition to the
academic indicators described in section 1111
for the uses described in such section;
[(C) a description of how the local
educational agency will provide additional
educational assistance to individual students
assessed as needing help in meeting the State's
challenging student academic achievement
standards;
[(D) a description of the strategy the local
educational agency will use to coordinate
programs under this part with programs under
title II to provide professional development
for teachers and principals, and, if
appropriate, pupil services personnel,
administrators, parents and other staff,
including local educational agency level staff
in accordance with sections 1118 and 1119;
[(E) a description of how the local
educational agency will coordinate and
integrate services provided under this part
with other educational services at the local
educational agency or individual school level,
such as--
[(i) Even Start, Head Start, Reading
First, Early Reading First, and other
preschool programs, including plans for
the transition of participants in such
programs to local elementary school
programs; and
[(ii) services for children with
limited English proficiency, children
with disabilities, migratory children,
neglected or delinquent youth, Indian
children served under part A of title
VII, homeless children, and immigrant
children in order to increase program
effectiveness, eliminate duplication,
and reduce fragmentation of the
instructional program;
[(F) an assurance that the local educational
agency will participate, if selected, in the
State National Assessment of Educational
Progress in 4th and 8th grade reading and
mathematics carried out under section 303(b)(2)
of the National Assessment of Educational
Progress Authorization Act;
[(G) a description of the poverty criteria
that will be used to select school attendance
areas under section 1113;
[(H) a description of how teachers, in
consultation with parents, administrators, and
pupil services personnel, in targeted
assistance schools under section 1115, will
identify the eligible children most in need of
services under this part;
[(I) a general description of the nature of
the programs to be conducted by such agency's
schools under sections 1114 and 1115 and, where
appropriate, educational services outside such
schools for children living in local
institutions for neglected or delinquent
children, and for neglected and delinquent
children in community day school programs;
[(J) a description of how the local
educational agency will ensure that migratory
children and formerly migratory children who
are eligible to receive services under this
part are selected to receive such services on
the same basis as other children who are
selected to receive services under this part;
[(K) if appropriate, a description of how the
local educational agency will use funds under
this part to support preschool programs for
children, particularly children participating
in Early Reading First, or in a Head Start or
Even Start program, which services may be
provided directly by the local educational
agency or through a subcontract with the local
Head Start agency designated by the Secretary
of Health and Human Services under section 641
of the Head Start Act, or an agency operating
an Even Start program, an Early Reading First
program, or another comparable public early
childhood development program;
[(L) a description of the actions the local
educational agency will take to assist its low-
achieving schools identified under section 1116
as in need of improvement;
[(M) a description of the actions the local
educational agency will take to implement
public school choice and supplemental services,
consistent with the requirements of section
1116;
[(N) a description of how the local
educational agency will meet the requirements
of section 1119;
[(O) a description of the services the local
educational agency will provide homeless
children, including services provided with
funds reserved under section 1113(c)(3)(A);
[(P) a description of the strategy the local
educational agency will use to implement
effective parental involvement under section
1118; and
[(Q) where appropriate, a description of how
the local educational agency will use funds
under this part to support after school
(including before school and summer school) and
school-year extension programs.
[(2) Exception.--The academic assessments and
indicators described in subparagraphs (A) and (B) of
paragraph (1) shall not be used--
[(A) in lieu of the academic assessments
required under section 1111(b)(3) and other
State academic indicators under section
1111(b)(2); or
[(B) to reduce the number of, or change
which, schools would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116, if such
additional assessments or indicators described
in such subparagraphs were not used, but such
assessments and indicators may be used to
identify additional schools for school
improvement or in need of corrective action or
restructuring.
[(c) Assurances.--
[(1) In general.--Each local educational agency plan
shall provide assurances that the local educational
agency will--
[(A) inform eligible schools and parents of
schoolwide program authority and the ability of
such schools to consolidate funds from Federal,
State, and local sources;
[(B) provide technical assistance and support
to schoolwide programs;
[(C) work in consultation with schools as the
schools develop the schools' plans pursuant to
section 1114 and assist schools as the schools
implement such plans or undertake activities
pursuant to section 1115 so that each school
can make adequate yearly progress toward
meeting the State student academic achievement
standards;
[(D) fulfill such agency's school improvement
responsibilities under section 1116, including
taking actions under paragraphs (7) and (8) of
section 1116(b);
[(E) provide services to eligible children
attending private elementary schools and
secondary schools in accordance with section
1120, and timely and meaningful consultation
with private school officials regarding such
services;
[(F) take into account the experience of
model programs for the educationally
disadvantaged, and the findings of relevant
scientifically based research indicating that
services may be most effective if focused on
students in the earliest grades at schools that
receive funds under this part;
[(G) in the case of a local educational
agency that chooses to use funds under this
part to provide early childhood development
services to low-income children below the age
of compulsory school attendance, ensure that
such services comply with the education
performance standards in effect under section
641A(a)(1)(B) of the Head Start Act;
[(H) work in consultation with schools as the
schools develop and implement their plans or
activities under sections 1118 and 1119;
[(I) comply with the requirements of section
1119 regarding the qualifications of teachers
and paraprofessionals and professional
development;
[(J) inform eligible schools of the local
educational agency's authority to obtain
waivers on the school's behalf under title IX
and, if the State is an Ed-Flex Partnership
State, to obtain waivers under the Education
Flexibility Partnership Act of 1999;
[(K) coordinate and collaborate, to the
extent feasible and necessary as determined by
the local educational agency, with the State
educational agency and other agencies providing
services to children, youth, and families with
respect to a school in school improvement,
corrective action, or restructuring under
section 1116 if such a school requests
assistance from the local educational agency in
addressing major factors that have
significantly affected student achievement at
the school;
[(L) ensure, through incentives for voluntary
transfers, the provision of professional
development, recruitment programs, or other
effective strategies, that low-income students
and minority students are not taught at higher
rates than other students by unqualified, out-
of-field, or inexperienced teachers;
[(M) use the results of the student academic
assessments required under section 1111(b)(3),
and other measures or indicators available to
the agency, to review annually the progress of
each school served by the agency and receiving
funds under this part to determine whether all
of the schools are making the progress
necessary to ensure that all students will meet
the State's proficient level of achievement on
the State academic assessments described in
section 1111(b)(3) within 12 years from the end
of the 2001-2002 school year;
[(N) ensure that the results from the
academic assessments required under section
1111(b)(3) will be provided to parents and
teachers as soon as is practicably possible
after the test is taken, in an understandable
and uniform format and, to the extent
practicable, provided in a language that the
parents can understand; and
[(O) assist each school served by the agency
and assisted under this part in developing or
identifying examples of high-quality, effective
curricula consistent with section
1111(b)(8)(D).
[(2) Special rule.--In carrying out subparagraph (G)
of paragraph (1), the Secretary--
[(A) shall consult with the Secretary of
Health and Human Services and shall establish
procedures (taking into consideration existing
State and local laws, and local teacher
contracts) to assist local educational agencies
to comply with such subparagraph; and
[(B) shall disseminate to local educational
agencies the education performance standards in
effect under section 641A(a)(1)(B) of the Head
Start Act, and such agencies affected by such
subparagraph shall plan for the implementation
of such subparagraph (taking into consideration
existing State and local laws, and local
teacher contracts), including pursuing the
availability of other Federal, State, and local
funding sources to assist in compliance with
such subparagraph.
[(3) Inapplicability.--Paragraph (1)(G) of this
subsection shall not apply to preschool programs using
the Even Start model or to Even Start programs that are
expanded through the use of funds under this part.
[(d) Plan Development and Duration.--
[(1) Consultation.--Each local educational agency
plan shall be developed in consultation with teachers,
principals, administrators (including administrators of
programs described in other parts of this title), and
other appropriate school personnel, and with parents of
children in schools served under this part.
[(2) Duration.--Each such plan shall be submitted for
the first year for which this part is in effect
following the date of enactment of the No Child Left
Behind Act of 2001 and shall remain in effect for the
duration of the agency's participation under this part.
[(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
[(e) State Approval.--
[(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency.
[(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
[(A) enables schools served under this part
to substantially help children served under
this part meet the academic standards expected
of all children described in section
1111(b)(1); and
[(B) meets the requirements of this section.
[(3) Review.--The State educational agency shall
review the local educational agency's plan to determine
if such agencies activities are in accordance with
sections 1118 and 1119.
[(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making decisions
regarding activities under sections 1114 and 1115.
[(g) Parental Notification.--
[(1) In general.--
[(A) Notice.--Each local educational agency
using funds under this part to provide a
language instruction educational program as
determined in part C of title III shall, not
later than 30 days after the beginning of the
school year, inform a parent or parents of a
limited English proficient child identified for
participation or participating in, such a
program of--
[(i) the reasons for the
identification of their child as
limited English proficient and in need
of placement in a language instruction
educational program;
[(ii) the child's level of English
proficiency, how such level was
assessed, and the status of the child's
academic achievement;
[(iii) the methods of instruction
used in the program in which their
child is, or will be participating, and
the methods of instruction used in
other available programs, including how
such programs differ in content,
instructional goals, and the use of
English and a native language in
instruction;
[(iv) how the program in which their
child is, or will be participating,
will meet the educational strengths and
needs of their child;
[(v) how such program will
specifically help their child learn
English, and meet age-appropriate
academic achievement standards for
grade promotion and graduation;
[(vi) the specific exit requirements
for the program, including the expected
rate of transition from such program
into classrooms that are not tailored
for limited English proficient
children, and the expected rate of
graduation from secondary school for
such program if funds under this part
are used for children in secondary
schools;
[(vii) in the case of a child with a
disability, how such program meets the
objectives of the individualized
education program of the child;
[(viii) information pertaining to
parental rights that includes written
guidance--
[(I) detailing--
[(aa) the right that
parents have to have
their child immediately
removed from such
program upon their
request; and
[(bb) the options
that parents have to
decline to enroll their
child in such program
or to choose another
program or method of
instruction, if
available; and
[(II) assisting parents in
selecting among various
programs and methods of
instruction, if more than one
program or method is offered by
the eligible entity.
[(B) Separate notification.--In addition to
providing the information required to be
provided under paragraph (1), each eligible
entity that is using funds provided under this
part to provide a language instruction
educational program, and that has failed to
make progress on the annual measurable
achievement objectives described in section
3122 for any fiscal year for which part A is in
effect, shall separately inform a parent or the
parents of a child identified for participation
in such program, or participating in such
program, of such failure not later than 30 days
after such failure occurs.
[(2) Notice.--The notice and information provided in
paragraph (1) to a parent or parents of a child
identified for participation in a language instruction
educational program for limited English proficient
children shall be in an understandable and uniform
format and, to the extent practicable, provided in a
language that the parents can understand.
[(3) Special rule applicable during the school
year.--For those children who have not been identified
as limited English proficient prior to the beginning of
the school year the local educational agency shall
notify parents within the first 2 weeks of the child
being placed in a language instruction educational
program consistent with paragraphs (1) and (2).
[(4) Parental participation.--Each local educational
agency receiving funds under this part shall implement
an effective means of outreach to parents of limited
English proficient students to inform the parents
regarding how the parents can be involved in the
education of their children, and be active participants
in assisting their children to attain English
proficiency, achieve at high levels in core academic
subjects, and meet challenging State academic
achievement standards and State academic content
standards expected of all students, including holding,
and sending notice of opportunities for, regular
meetings for the purpose of formulating and responding
to recommendations from parents of students assisted
under this part.
[(5) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.]
SEC. 1111. STATE PLANS.
(a) Plans Required.--
(1) In general.--For any State desiring to receive a
grant under this subpart, the State educational agency
shall submit to the Secretary a plan, developed by the
State educational agency, in consultation with local
educational agencies, teachers, school leaders,
specialized instructional support personnel, other
appropriate school personnel, and parents, that
satisfies the requirements of this section and that is
coordinated with other programs under this Act, the
Individuals with Disabilities Education Act, the Carl
D. Perkins Career and Technical Education Act of 2006,
the Head Start Act, the Adult Education and Family
Literacy Act, and the McKinney-Vento Homeless
Assistance Act.
(2) Consolidated plan.--A State plan submitted under
paragraph (1) may be submitted as part of a
consolidated plan under section 5302.
(b) Academic Standards, Academic Assessments, and State
Accountability.--
(1) Academic standards.--
(A) In general.--Each State plan shall
demonstrate that the State has adopted academic
content standards and academic achievement
standards aligned with such content standards
that comply with the requirements of this
paragraph.
(B) Subjects.--The State shall have such
academic standards for mathematics and reading
or language arts, and may have such standards
for any other subject determined by the State.
(C) Requirements.--The standards described in
subparagraph (A) shall--
(i) apply to all public schools and
public school students in the State;
and
(ii) with respect to academic
achievement standards, include the same
knowledge, skills, and levels of
achievement expected of all public
school students in the State.
(D) Alternate academic achievement
standards.--Notwithstanding any other provision
of this paragraph, a State may, through a
documented and validated standards-setting
process, adopt alternate academic achievement
standards for students with the most
significant cognitive disabilities, if--
(i) the determination about whether
the achievement of an individual
student should be measured against such
standards is made separately for each
student; and
(ii) such standards--
(I) are aligned with the
State academic standards
required under subparagraph
(A);
(II) promote access to the
general curriculum; and
(III) reflect professional
judgment as to the highest
possible standards achievable
by such students.
(E) English language proficiency standards.--
Each State plan shall describe how the State
educational agency will establish English
language proficiency standards that are--
(i) derived from the four recognized
domains of speaking, listening,
reading, and writing; and
(ii) aligned with the State's
academic content standards in reading
or language arts under subparagraph
(A).
(2) Academic assessments.--
(A) In general.--Each State plan shall
demonstrate that the State educational agency,
in consultation with local educational
agencies, has implemented a set of high-quality
student academic assessments in mathematics and
reading or language arts. At the State's
discretion, the State plan may also demonstrate
that the State has implemented such assessments
in any other subject chosen by the State
(B) Requirements.--Such assessments shall--
(i) be used in determining the
performance of each local educational
agency and public school in the State
in accordance with the State's
accountability system under paragraph
(3);
(ii) be the same academic assessments
used to measure the academic
achievement of all public school
students in the State;
(iii) be aligned with the State's
academic standards and provide coherent
and timely information about student
attainment of such standards;
(iv) be used for purposes for which
such assessments are valid and
reliable, be of adequate technical
quality for each purpose required under
this Act, and be consistent with
relevant, nationally recognized
professional and technical standards;
(v)(I) in the case of mathematics and
reading, be administered in each of
grades 3 through 8 and at least once in
grades 9 through 12;
(II) in the case of any other subject
chosen by the State, be administered at
the discretion of the State;
(vi) measure individual student
academic proficiency and growth;
(vii) at the State's discretion--
(I) be administered through a
single annual summative
assessment; or
(II) be administered through
multiple assessments during the
course of the academic year
that result in a single
summative score that provides
valid, reliable, and
transparent information on
student achievement;
(viii) include measures that assess
higher-order thinking skills and
understanding;
(ix) provide for--
(I) the participation in such
assessments of all students;
(II) the reasonable
adaptations and accommodations
for students with disabilities
necessary to measure the
academic achievement of such
students relative to the
State's academic standards; and
(III) the inclusion of
English learners, who shall be
assessed in a valid and
reliable manner and provided
reasonable accommodations,
including, to the extent
practicable, assessments in the
language and form most likely
to yield accurate and reliable
information on what such
students know and can do in
academic content areas, until
such students have achieved
English language proficiency,
as assessed by the State under
subparagraph (D);
(x) notwithstanding clause (ix)(III),
provide for the assessment of reading
or language arts in English for English
learners who have attended school in
the United States (not including Puerto
Rico) for 3 or more consecutive school
years, except that a local educational
agency may, on a case-by-case basis,
provide for the assessment of reading
or language arts for each such student
in a language other than English for a
period not to exceed 2 additional
consecutive years if the assessment
would be more likely to yield accurate
and reliable information on what such
student knows and can do, provided that
such student has not yet reached a
level of English language proficiency
sufficient to yield valid and reliable
information on what such student knows
and can do on reading or language arts
assessments written in English;
(xi) produce individual student
interpretive, descriptive, and
diagnostic reports regarding
achievement on such assessments that
allow parents, teachers, and school
leaders to understand and address the
specific academic needs of students,
and that are provided to parents,
teachers, and school leaders, as soon
as is practicable after the assessment
is given, in an understandable and
uniform format, and to the extent
practicable, in a language that parents
can understand;
(xii) enable results to be
disaggregated within each State, local
educational agency, and school by
gender, by each major racial and ethnic
group, by English language proficiency
status, by migrant status, by status as
a student with a disability, and by
economically disadvantaged status,
except that, in the case of a local
educational agency or a school, such
disaggregation shall not be required in
a case in which the number of students
in a category is insufficient to yield
statistically reliable information or
the results would reveal personally
identifiable information about an
individual student; and
(xiii) be administered to not less
than 95 percent of all students, and
not less than 95 percent of each
subgroup of students described in
paragraph (3)(B)(ii)(II).
(C) Alternate assessments.--A State may
provide for alternate assessments aligned with
the alternate academic standards adopted in
accordance with paragraph (1)(D), for students
with the most significant cognitive
disabilities, if the State--
(i) establishes and monitors
implementation of clear and appropriate
guidelines for individualized education
program teams (as defined in section
614(d)(1)(B) of the Individuals with
Disabilities Education Act) to apply
when determining when a child's
significant cognitive disability
justifies assessment based on alternate
achievement standards;
(ii) ensures that the parents of such
students are informed that--
(I) their child's academic
achievement will be measured
against such alternate
standards; and
(II) whether participation in
such assessments precludes the
student from completing the
requirements for a regular high
school diploma as defined in
section 5101(35)(A);
(iii) demonstrates that such students
are, to the extent practicable,
included in the general curriculum and
that such alternate assessments are
aligned with such curriculum;
(iv) develops, disseminates
information about, and promotes the use
of appropriate accommodations to
increase the number of students with
disabilities who are tested against
academic achievement standards for the
grade in which a student is enrolled;
and
(v) ensures that regular and special
education teachers and other
appropriate staff know how to
administer the alternate assessments,
including making appropriate use of
accommodations for students with
disabilities.
(D) Assessments of english language
proficiency.--
(i) In general.--Each State plan
shall demonstrate that local
educational agencies in the State will
provide for an annual assessment of
English proficiency of all English
learners in the schools served by the
State educational agency.
(ii) Alignment.--The assessments
described in clause (i) shall be
aligned with the State's English
language proficiency standards
described in paragraph (1)(E).
(E) Language assessments.--Each State plan
shall identify the languages other than English
that are present in the participating student
population and indicate the languages for which
yearly student academic assessments are not
available and are needed. The State shall make
every effort to develop such assessments and
may request assistance from the Secretary if
linguistically accessible academic assessment
measures are needed. Upon request, the
Secretary shall assist with the identification
of appropriate academic assessment measures in
the needed languages, but shall not mandate a
specific academic assessment or mode of
instruction.
(F) Adaptive assessments.--A State may
develop and administer computer adaptive
assessments as the assessments required under
subparagraph (A). If a State develops and
administers a computer adaptive assessment for
such purposes, the assessment shall meet the
requirements of this paragraph, except as
follows:
(i) Notwithstanding subparagraph
(B)(iii), the assessment--
(I) shall measure, at a
minimum, each student's
academic proficiency against
the State's academic standards
for the student's grade level
and growth toward such
standards; and
(II) if the State chooses,
may be used to measure the
student's level of academic
proficiency and growth using
assessment items above or below
the student's grade level,
including for use as part of a
State's accountability system
under paragraph (3).
(ii) Subparagraph (B)(ii) shall not
be interpreted to require that all
students taking the computer adaptive
assessment be administered the same
assessment items.
(3) State accountability systems.--
(A) In general.--Each State plan shall
demonstrate that the State has developed and is
implementing a single, statewide accountability
system to ensure that all public school
students graduate from high school prepared for
postsecondary education or the workforce
without the need for remediation.
(B) Elements.--Each State accountability
system described in subparagraph (A) shall at a
minimum--
(i) annually measure the academic
achievement of all public school
students in the State against the
State's academic standards adopted
under paragraph (1), which may include
measures of student growth toward such
standards, using the assessments
described in paragraph (2) and other
valid and reliable academic indicators
related to student achievement as
identified by the State;
(ii) annually evaluate and identify
the academic performance of each public
school in the State based on--
(I) student academic
achievement as measured in
accordance with clause (i); and
(II) the overall performance,
and achievement gaps as
compared to all students in the
school, for economically
disadvantaged students,
students from major racial and
ethnic groups, students with
disabilities, and English
learners, except that
disaggregation of data under
this subclause shall not be
required in a case in which the
number of students in a
category is insufficient to
yield statistically reliable
information or the results
would reveal personally
identifiable information about
an individual student; and
(iii) include a system for school
improvement for low-performing public
schools receiving funds under this
subpart that--
(I) implements interventions
in such schools that are
designed to address such
schools' weaknesses; and
(II) is implemented by local
educational agencies serving
such schools.
(C) Prohibition.--Nothing in this section
shall be construed to permit the Secretary to
establish any criteria that specifies, defines,
or prescribes any aspect of a State's
accountability system developed and implemented
in accordance with this paragraph.
(D) Accountability for charter schools.--The
accountability provisions under this Act shall
be overseen for charter schools in accordance
with State charter school law.
(4) Requirements.--Each State plan shall describe--
(A) how the State educational agency will
assist each local educational agency and each
public school affected by the State plan to
comply with the requirements of this subpart,
including how the State educational agency will
work with local educational agencies to provide
technical assistance; and
(B) how the State educational agency will
ensure that the results of the State
assessments described in paragraph (2), the
other indicators selected by the State under
paragraph (3)(B)(i), and the school evaluations
described in paragraph (3)(B)(ii), will be
promptly provided to local educational
agencies, schools, teachers, and parents in a
manner that is clear and easy to understand,
but not later than before the beginning of the
school year following the school year in which
such assessments, other indicators, or
evaluations are taken or completed.
(5) Timeline for implementation.--Each State plan
shall describe the process by which the State will
adopt and implement the State academic standards,
assessments, and accountability system required under
this section within 2 years of enactment of the Student
Success Act.
(6) Existing standards.--Nothing in this subpart
shall prohibit a State from revising, consistent with
this section, any standard adopted under this section
before or after the date of enactment of the Student
Success Act.
(7) Existing state law.--Nothing in this section
shall be construed to alter any State law or regulation
granting parents authority over schools that repeatedly
failed to make adequate yearly progress under this
section, as in effect on the day before the date of the
enactment of the Student Success Act.
(c) Other Provisions to Support Teaching and Learning.--Each
State plan shall contain assurances that--
(1) the State will notify local educational agencies,
schools, teachers, parents, and the public of the
academic standards, academic assessments, and State
accountability system developed and implemented under
this section;
(2) the State will participate in biennial State
academic assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act if the Secretary pays the
costs of administering such assessments;
(3) the State educational agency will notify local
educational agencies and the public of the authority to
operate schoolwide programs;
(4) the State educational agency will provide the
least restrictive and burdensome regulations for local
educational agencies and individual schools
participating in a program assisted under this subpart;
(5) the State educational agency will encourage
schools to consolidate funds from other Federal, State,
and local sources for schoolwide reform in schoolwide
programs under section 1114;
(6) the State educational agency will modify or
eliminate State fiscal and accounting barriers so that
schools can easily consolidate funds from other
Federal, State, and local sources for schoolwide
programs under section 1114; and
(7) the State educational agency will inform local
educational agencies in the State of the local
educational agency's authority to transfer funds under
section 1002 and to obtain waivers under section 5401;
(d) Parental Involvement.--Each State plan shall describe how
the State educational agency will support the collection and
dissemination to local educational agencies and schools of
effective parental involvement practices. Such practices
shall--
(1) be based on the most current research that meets
the highest professional and technical standards on
effective parental involvement that fosters achievement
to high standards for all children;
(2) be geared toward lowering barriers to greater
participation by parents in school planning, review,
and improvement; and
(3) be coordinated with programs funded under subpart
3 of part A of title III.
(e) Peer Review and Secretarial Approval.--
(1) Establishment.--Notwithstanding section 5543, the
Secretary shall--
(A) establish a peer-review process to assist
in the review of State plans; and
(B) appoint individuals to the peer-review
process who are representative of parents,
teachers, State educational agencies, and local
educational agencies, and who are familiar with
educational standards, assessments,
accountability, the needs of low-performing
schools, and other educational needs of
students, and ensure that 75 percent of such
appointees are practitioners.
(2) Approval.--The Secretary shall--
(A) approve a State plan within 120 days of
its submission;
(B) disapprove of the State plan only if the
Secretary demonstrates how the State plan fails
to meet the requirements of this section and
immediately notifies the State of such
determination and the reasons for such
determination;
(C) not decline to approve a State's plan
before--
(i) offering the State an opportunity
to revise its plan;
(ii) providing technical assistance
in order to assist the State to meet
the requirements of this section; and
(iii) providing a hearing; and
(D) have the authority to disapprove a State
plan for not meeting the requirements of this
subpart, but shall not have the authority to
require a State, as a condition of approval of
the State plan, to include in, or delete from,
such plan one or more specific elements of the
State's academic standards or State
accountability system, or to use specific
academic assessments or other indicators.
(3) State revisions.--A State plan shall be revised
by the State educational agency if it is necessary to
satisfy the requirements of this section.
(4) Public review.--All communications, feedback, and
notifications under this subsection shall be conducted
in a manner that is immediately made available to the
public through the website of the Department,
including--
(A) peer review guidance;
(B) the names of the peer reviewers;
(C) State plans submitted or resubmitted by a
State, including the current approved plans;
(D) peer review notes;
(E) State plan determinations by the
Secretary, including approvals or disapprovals,
and any deviations from the peer reviewers'
recommendations with an explanation of the
deviation; and
(F) hearings.
(5) Prohibition.--The Secretary, and the Secretary's
staff, may not attempt to participate in, or influence,
the peer review process. No Federal employee may
participate in, or attempt to influence the peer review
process, except to respond to questions of a technical
nature, which shall be publicly reported.
(f) Duration of the Plan.--
(1) In general.--Each State plan shall--
(A) remain in effect for the duration of the
State's participation under this subpart; and
(B) be periodically reviewed and revised as
necessary by the State educational agency to
reflect changes in the State's strategies and
programs under this subpart.
(2) Additional information.--If a State makes
significant changes to its State plan, such as the
adoption of new State academic standards or new
academic assessments, or adopts a new State
accountability system, such information shall be
submitted to the Secretary under subsection (e)(2) for
approval.
(g) Failure to Meet Requirements.--If a State fails to meet
any of the requirements of this section then the Secretary
shall withhold funds for State administration under this
subpart until the Secretary determines that the State has
fulfilled those requirements.
(h) Reports.--
(1) Annual state report card.--
(A) In general.--A State that receives
assistance under this subpart shall prepare and
disseminate an annual State report card. Such
dissemination shall include, at a minimum,
publicly posting the report card on the home
page of the State educational agency's website.
(B) Implementation.--The State report card
shall be--
(i) concise; and
(ii) presented in an understandable
and uniform format that is developed in
consultation with parents and, to the
extent practicable, provided in a
language that parents can understand.
(C) Required information.--The State shall
include in its annual State report card
information on--
(i) the performance of students, in
the aggregate and disaggregated by the
categories of students described in
subsection (b)(2)(B)(xii) (except that
such disaggregation shall not be
required in a case in which the number
of students in a category is
insufficient to yield statistically
reliable information or the results
would reveal personally identifiable
information about an individual
student), on the State academic
assessments described in subsection
(b)(2);
(ii) the participation rate on such
assessments, in the aggregate and
disaggregated in accordance with clause
(i));
(iii) the performance of students, in
the aggregate and disaggregated in
accordance with clause (i), on other
academic indicators described in
subsection (b)(3)(B)(i);
(iv) for each public high school in
the State, in the aggregate and
disaggregated in accordance with clause
(i)--
(I) the four-year adjusted
cohort graduation rate, and
(II) at the State's
discretion, the extended-year
adjusted cohort graduation
rate, calculated and reported
separately for students
graduating in 5 years or less
and students graduating in 6
years or less;
(v) each public school's evaluation
results as determined in accordance
with subsection (b)(3)(B)(ii);
(vi) the acquisition of English
proficiency by English learners;
(vii) the number and percentage of
teachers in each category established
under clause (iii) of section
2123(1)(A), except that such
information shall not reveal personally
identifiable information about an
individual teacher; and
(viii) the results of the assessments
described in subsection (c)(2).
(D) Optional information.--The State may
include in its annual State report card such
other information as the State believes will
best provide parents, students, and other
members of the public with information
regarding the progress of each of the State's
public elementary schools and public secondary
schools.
(2) Annual local educational agency report cards.--
(A) In general.--A local educational agency
that receives assistance under this subpart
shall prepare and disseminate an annual local
educational agency report card.
(B) Minimum requirements.--The State
educational agency shall ensure that each local
educational agency collects appropriate data
and includes in the local educational agency's
annual report the information described in
paragraph (1)(C) as applied to the local
educational agency and each school served by
the local educational agency, and--
(i) in the case of a local
educational agency, information that
shows how students served by the local
educational agency achieved on the
statewide academic assessment and other
academic indicators adopted in
accordance with subsection (b)(3)(B)(i)
compared to students in the State as a
whole; and
(ii) in the case of a school, the
school's evaluation under subsection
(b)(3)(B)(ii).
(C) Other information.--A local educational
agency may include in its annual local
educational agency report card any other
appropriate information, whether or not such
information is included in the annual State
report card.
(D) Data.--A local educational agency or
school shall only include in its annual local
educational agency report card data that are
sufficient to yield statistically reliable
information, as determined by the State, and
that do not reveal personally identifiable
information about an individual student.
(E) Public dissemination.--The local
educational agency shall publicly disseminate
the information described in this paragraph to
all schools served by the local educational
agency and to all parents of students attending
those schools in an understandable and uniform
format, and, to the extent practicable, in a
language that parents can understand, and make
the information widely available through public
means, such as posting on the Internet,
distribution to the media, and distribution
through public agencies, except that if a local
educational agency issues a report card for all
students, the local educational agency may
include the information under this section as
part of such report.
(3) Preexisting report cards.--A State educational
agency or local educational agency may use public
report cards on the performance of students, schools,
local educational agencies, or the State, that were in
effect prior to the enactment of the Student Success
Act for the purpose of this subsection, so long as any
such report card is modified, as may be needed, to
contain the information required by this subsection.
(4) Parents right-to-know.--
(A) Achievement information.--At the
beginning of each school year, a school that
receives funds under this subpart shall provide
to each individual parent information on the
level of achievement of the parent's child in
each of the State academic assessments and
other academic indicators adopted in accordance
with this subpart.
(B) Format.--The notice and information
provided to parents under this paragraph shall
be in an understandable and uniform format and,
to the extent practicable, provided in a
language that the parents can understand.
(i) Privacy.--Information collected under this section shall
be collected and disseminated in a manner that protects the
privacy of individuals consistent with section 444 of the
General Education Provisions Act.
(j) Voluntary Partnerships.--A State may enter into a
voluntary partnership with another State to develop and
implement the academic assessments and standards required under
this section, except that the Secretary shall not attempt to
influence, incentivize, or coerce State participation in any
such partnerships.
(k) Construction.--Nothing in this part shall be construed to
prescribe the use of the academic assessments described in this
part for student promotion or graduation purposes.
(l) Special Rule With Respect to Bureau-Funded Schools.--In
determining the assessments to be used by each school operated
or funded by the Bureau of Indian Education receiving funds
under this subpart, the following shall apply:
(1) Each such school that is accredited by the State
in which it is operating shall use the assessments and
other academic indicators the State has developed and
implemented to meet the requirements of this section,
or such other appropriate assessment and academic
indicators as approved by the Secretary of the
Interior.
(2) Each such school that is accredited by a regional
accrediting organization shall adopt an appropriate
assessment and other academic indicators, in
consultation with and with the approval of, the
Secretary of the Interior and consistent with
assessments and academic indicators adopted by other
schools in the same State or region, that meet the
requirements of this section.
(3) Each such school that is accredited by a tribal
accrediting agency or tribal division of education
shall use an assessment and other academic indicators
developed by such agency or division, except that the
Secretary of the Interior shall ensure that such
assessment and academic indicators meet the
requirements of this section.
SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
(a) Plans Required.--
(1) Subgrants.--A local educational agency may
receive a subgrant under this subpart for any fiscal
year only if such agency has on file with the State
educational agency a plan, approved by the State
educational agency, that is coordinated with other
programs under this Act, the Individuals with
Disabilities Education Act, the Carl D. Perkins Career
and Technical Education Act of 2006, the McKinney-Vento
Homeless Assistance Act, and other Acts, as
appropriate.
(2) Consolidated application.--The plan may be
submitted as part of a consolidated application under
section 5305.
(b) Plan Provisions.--Each local educational agency plan
shall describe--
(1) how the local educational agency will monitor, in
addition to the State assessments described in section
1111(b)(2), students' progress in meeting the State's
academic standards;
(2) how the local educational agency will identify
quickly and effectively those students who may be at
risk of failing to meet the State's academic standards;
(3) how the local educational agency will provide
additional educational assistance to individual
students in need of additional help in meeting the
State's academic standards;
(4) how the local educational agency will implement
the school improvement system described in section
1111(b)(3)(B)(iii) for any of the agency's schools
identified under such section;
(5) how the local educational agency will coordinate
programs under this subpart with other programs under
this Act and other Acts, as appropriate;
(6) the poverty criteria that will be used to select
school attendance areas under section 1113;
(7) how teachers, in consultation with parents,
administrators, and specialized instructional support
personnel, in targeted assistance schools under section
1115, will identify the eligible children most in need
of services under this subpart;
(8) in general, the nature of the programs to be
conducted by the local educational agency's schools
under sections 1114 and 1115, and, where appropriate,
educational services outside such schools for children
living in local institutions for neglected and
delinquent children, and for neglected and delinquent
children in community day school programs;
(9) how the local educational agency will ensure that
migratory children who are eligible to receive services
under this subpart are selected to receive such
services on the same basis as other children who are
selected to receive services under this subpart;
(10) the services the local educational agency will
provide homeless children, including services provided
with funds reserved under section 1113(c)(3)(A);
(11) the strategy the local educational agency will
use to implement effective parental involvement under
section 1118;
(12) if appropriate, how the local educational agency
will use funds under this subpart to support preschool
programs for children, particularly children
participating in a Head Start program, which services
may be provided directly by the local educational
agency or through a subcontract with the local Head
Start agency designated by the Secretary of Health and
Human Services under section 641 of the Head Start Act,
or another comparable early childhood development
program;
(13) how the local educational agency, through
incentives for voluntary transfers, the provision of
professional development, recruitment programs,
incentive pay, performance pay, or other effective
strategies, will address disparities in the rates of
low-income and minority students and other students
being taught by ineffective teachers; and
(14) if appropriate, how the local educational agency
will use funds under this subpart to support programs
that coordinate and integrate--
(A) career and technical education aligned
with State technical standards that promote
skills attainment important to in-demand
occupations or industries in the State and the
State's academic standards under section
1111(b)(1); and
(B) work-based learning opportunities that
provide students in-depth interaction with
industry professionals.
(c) Assurances.--Each local educational agency plan shall
provide assurances that the local educational agency will--
(1) participate, if selected, in biennial State
academic assessments of 4th and 8th grade reading and
mathematics under the National Assessment of
Educational Progress carried out under section
303(b)(2) of the National Assessment of Educational
Progress Authorization Act;
(2) inform schools of schoolwide program authority
and the ability to consolidate funds from Federal,
State, and local sources;
(3) provide technical assistance to schoolwide
programs;
(4) provide services to eligible children attending
private elementary and secondary schools in accordance
with section 1120, and timely and meaningful
consultation with private school officials or
representatives regarding such services;
(5) in the case of a local educational agency that
chooses to use funds under this subpart to provide
early childhood development services to low-income
children below the age of compulsory school attendance,
ensure that such services comply with the performance
standards established under section 641A(a) of the Head
Start Act;
(6) inform eligible schools of the local educational
agency's authority to request waivers on the school's
behalf under Title V; and
(7) ensure that the results of the academic
assessments required under section 1111(b)(2) will be
provided to parents and teachers as soon as is
practicably possible after the test is taken, in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
(d) Special Rule.--In carrying out subsection (c)(5), the
Secretary shall--
(1) consult with the Secretary of Health and Human
Services and shall establish procedures (taking into
consideration existing State and local laws, and local
teacher contracts) to assist local educational agencies
to comply with such subparagraph; and
(2) disseminate to local educational agencies the
education performance standards in effect under section
641A(a)(1)(B) of the Head Start Act, and such agencies
affected by such subsection shall plan for the
implementation of such subsection (taking into
consideration existing State and local laws, and local
teacher contracts).
(e) Plan Development and Duration.--
(1) Consultation.--Each local educational agency plan
shall be developed in consultation with teachers,
school leaders, administrators, and other appropriate
school personnel, and with parents of children in
schools served under this subpart.
(2) Duration.--Each such plan shall be submitted for
the first year for which this part is in effect
following the date of enactment of this Act and shall
remain in effect for the duration of the agency's
participation under this subpart.
(3) Review.--Each local educational agency shall
periodically review and, as necessary, revise its plan.
(f) State Approval.--
(1) In general.--Each local educational agency plan
shall be filed according to a schedule established by
the State educational agency.
(2) Approval.--The State educational agency shall
approve a local educational agency's plan only if the
State educational agency determines that the local
educational agency's plan--
(A) enables schools served under this subpart
to substantially help children served under
this subpart to meet the State's academic
standards described in section 1111(b)(1); and
(B) meets the requirements of this section.
(3) Review.--The State educational agency shall
review the local educational agency's plan to determine
if such agency's activities are in accordance with
section 1118.
(g) Parental Notification.--
(1) In general.--Each local educational agency using
funds under this subpart and subpart 4 to provide a
language instruction educational program shall, not
later than 30 days after the beginning of the school
year, inform parents of an English learner identified
for participation, or participating in, such a program
of--
(A) the reasons for the identification of
their child as an English learner and in need
of placement in a language instruction
educational program;
(B) the child's level of English proficiency,
how such level was assessed, and the status of
the child's academic achievement;
(C) the methods of instruction used in the
program in which their child is, or will be
participating, and the methods of instruction
used in other available programs, including how
such programs differ in content, instructional
goals, and the use of English and a native
language in instruction;
(D) how the program in which their child is,
or will be participating, will meet the
educational strengths and needs of their child;
(E) how such program will specifically help
their child learn English, and meet age-
appropriate academic achievement standards for
grade promotion and graduation;
(F) the specific exit requirements for the
program, including the expected rate of
transition from such program into classrooms
that are not tailored for English learners, and
the expected rate of graduation from high
school for such program if funds under this
subpart are used for children in secondary
schools;
(G) in the case of a child with a disability,
how such program meets the objectives of the
individualized education program of the child;
and
(H) information pertaining to parental rights
that includes written guidance--
(i) detailing--
(I) the right that parents
have to have their child
immediately removed from such
program upon their request; and
(II) the options that parents
have to decline to enroll their
child in such program or to
choose another program or
method of instruction, if
available; and
(ii) assisting parents in selecting
among various programs and methods of
instruction, if more than one program
or method is offered by the eligible
entity.
(2) Notice.--The notice and information provided in
paragraph (1) to parents of a child identified for
participation in a language instruction educational
program for English learners shall be in an
understandable and uniform format and, to the extent
practicable, provided in a language that the parents
can understand.
(3) Special rule applicable during the school year.--
For those children who have not been identified as
English learners prior to the beginning of the school
year the local educational agency shall notify parents
within the first 2 weeks of the child being placed in a
language instruction educational program consistent
with paragraphs (1) and (2).
(4) Parental participation.--Each local educational
agency receiving funds under this subpart shall
implement an effective means of outreach to parents of
English learners to inform the parents regarding how
the parents can be involved in the education of their
children, and be active participants in assisting their
children to attain English proficiency, achieve at high
levels in core academic subjects, and meet the State's
academic standards expected of all students, including
holding, and sending notice of opportunities for,
regular meetings for the purpose of formulating and
responding to recommendations from parents of students
assisted under this subpart.
(5) Basis for admission or exclusion.--A student
shall not be admitted to, or excluded from, any
federally assisted education program on the basis of a
surname or language-minority status.
SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
(a) Determination.--
(1) In general.--A local educational agency shall use
funds received under this [part] subpart only in
eligible school attendance areas.
(2) Eligible school attendance areas.--For the
purposes of this [part] subpart--
(A) * * *
* * * * * * *
(5) Measures.--The local educational agency shall use
the same measure of poverty, which measure shall be the
number of children ages 5 through 17 in poverty counted
in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the Richard B. Russell
National School Lunch Act, the number of children in
families receiving assistance under the State program
funded under [part] subpart A of title IV of the Social
Security Act, or the number of children eligible to
receive medical assistance under the Medicaid program,
or a composite of such indicators, with respect to all
school attendance areas in the local educational
agency--
(A) * * *
* * * * * * *
(7) Waiver for desegregation plans.--The Secretary
may approve a local educational agency's written
request for a waiver of the requirements of subsections
(a) and (c), and permit such agency to treat as
eligible, and serve, any school that children attend
with a State-ordered, court-ordered school
desegregation plan or a plan that continues to be
implemented in accordance with a State-ordered or
court-ordered desegregation plan, if--
(A) * * *
(B) the Secretary determines on the basis of
a written request from such agency and in
accordance with such criteria as the Secretary
establishes, that approval of that request
would further the purposes of this [part]
subpart.
(b) Local Educational Agency Discretion.--
(1) In general.--Notwithstanding subsection (a)(2), a
local educational agency may--
(A) * * *
(B) use funds received under this [part]
subpart in a school that is not in an eligible
school attendance area, if the percentage of
children from low-income families enrolled in
the school is equal to or greater than the
percentage of such children in a participating
school attendance area of such agency;
* * * * * * *
(D) elect not to serve an eligible school
attendance area or eligible school that has a
higher percentage of children from low-income
families if--
(i) * * *
* * * * * * *
(iii) the funds expended from such
other sources equal or exceed the
amount that would be provided under
this [part] subpart.
(2) Special rule.--Notwithstanding paragraph (1)(D),
the number of children attending private elementary
schools and secondary schools who are to receive
services, and the assistance such children are to
receive under this [part] subpart, shall be determined
without regard to whether the public school attendance
area in which such children reside is assisted under
subparagraph (A).
(c) Allocations.--
(1) In general.--A local educational agency shall
allocate funds received under this [part] subpart to
eligible school attendance areas or eligible schools,
identified under subsections (a) and (b), in rank
order, on the basis of the total number of children
from low-income families in each area or school.
* * * * * * *
[(3) Reservation.--A local educational agency shall
reserve such funds as are necessary under this part to
provide services comparable to those provided to
children in schools funded under this part to serve--
[(A) homeless children who do not attend
participating schools, including providing
educationally related support services to
children in shelters and other locations where
children may live;
[(B) children in local institutions for
neglected children; and
[(C) if appropriate, children in local
institutions for delinquent children, and
neglected or delinquent children in community
day school programs.]
(3) Reservations.--
(A) In general.--A local educational agency
shall reserve such funds as are necessary under
this subpart to provide services comparable to
those provided to children in schools funded
under this subpart to serve the following:
(i) Homeless children and youths,
which may include--
(I) for homeless children and
youths who are attending
schools not receiving
assistance under this subpart
and schools receiving
assistance under this subpart,
providing transportation
pursuant to section
722(g)(1)(J)(iii) of the
McKinney-Vento Homeless
Assistance Act; and
(II) for homeless children
and youths who are attending
schools not receiving
assistance under this subpart--
(aa) providing
support services to
homeless children and
youths in shelters and
other locations where
they may live; and
(bb) removing
barriers to homeless
children and youths'
enrollment, attendance,
retention, and success
in school.
(ii) Children in local institutions
for neglected children.
(iii) If appropriate, children in
local institutions for delinquent
children, and neglected or delinquent
children in community day school
programs.
(B) Amount reserved.--The amount of funds
reserved under subparagraph (A)(i) may be based
upon a needs assessment of the homeless
children and youths in the local educational
agency, which may include the following:
(i) Information related to child,
youth, and family homelessness in the
local educational agency obtained
through the coordination and
collaboration under subsections (f)(4)
and (g)(5) of section 722 of the
McKinney-Vento Homeless Assistance Act.
(ii) The number of homeless children
and youths reported by the local
educational agency to the State
educational agency under section
722(f)(3) of such Act for the previous
school year.
(iii) Gaps in identification of
homeless children and youths in the
local educational agency, as described
by the liaison designated pursuant to
section 722(g)(1)(J)(ii) of such Act.
(4) Financial incentives and rewards reservation.--A
local educational agency may reserve such funds as are
necessary from those funds received by the local
educational agency under title II, and not more than 5
percent of those funds received by the local
educational agency under [subpart 2] chapter B, to
provide financial incentives and rewards to teachers
who serve in schools eligible under this section and
identified for [school improvement, corrective action,
and restructuring under section 1116(b)] school
improvement under section 1111(b)(3)(B)(iii) for the
purpose of attracting and retaining qualified and
effective teachers.
SEC. 1114. SCHOOLWIDE PROGRAMS.
(a) Use of Funds for Schoolwide Programs.--
(1) In general.--A local educational agency may
consolidate and use funds under this [part] subpart,
together with other Federal, State, and local funds, in
order to upgrade the entire educational program of a
school that serves an eligible school attendance area
[in which not less than 40 percent of the children are
from low-income families, or not less than 40 percent
of the children enrolled in the school are from such
families].
(2) Identification of students not required.--
(A) In general.--No school participating in a
schoolwide program shall be required--
(i) to identify particular children
under this [part] subpart as eligible
to participate in a schoolwide program;
or
* * * * * * *
(B) Supplemental funds.--A school
participating in a schoolwide program shall use
funds available to carry out this section only
to supplement the amount of funds that would,
in the absence of funds under this [part]
subpart, be made available from non-Federal
sources for the school, including funds needed
to provide services that are required by law
for children with disabilities and [children
with limited English proficiency] English
learners.
(3) Exemption from statutory and regulatory
requirements.--
(A) * * *
(B) Requirements.--A school that chooses to
use funds from such other programs shall not be
relieved of the requirements relating to
health, safety, civil rights, student and
parental participation and involvement,
services to private school children,
[maintenance of effort,] comparability of
services, uses of Federal funds to supplement,
not supplant non-Federal funds, or the
distribution of funds to State educational
agencies or local educational agencies that
apply to the receipt of funds from such
programs.
* * * * * * *
[(4) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to effectively carry out the
activities described in subsection (b)(1)(D) in
accordance with section 1119 for such fiscal year,
except that a school may enter into a consortium with
another school to carry out such activities.]
(b) Components of a Schoolwide Program.--
(1) In general.--A schoolwide program shall include
the following components:
(A) A comprehensive needs assessment of the
entire school [(including taking into account
the needs of migratory children as defined in
section 1309(2))] that is based on information
which includes the achievement of children in
relation to the State academic [content
standards and the State student academic
achievement standards] standards described in
section 1111(b)(1).
(B) Schoolwide reform strategies that--
(i) provide opportunities for all
children to meet the State's
[proficient and advanced levels of
student academic achievement described
in section 1111(b)(1)(D)] academic
standards described in section
1111(b)(1);
(ii) use effective methods and
instructional strategies that are
[based on scientifically based
research] evidence-based that--
(I) * * *
* * * * * * *
(iii)(I) include strategies to
address the needs of all children in
the school, but particularly the needs
of low-achieving children and those at
risk of not meeting the State [student
academic achievement standards]
academic standards who are members of
the target population of any program
that is included in the [schoolwide
program, which may include--
[(aa) counseling, pupil
services, and mentoring
services;
[(bb) college and career
awareness and preparation, such
as college and career guidance,
personal finance education, and
innovative teaching methods,
which may include applied
learning and team-teaching
strategies; and
[(cc) the integration of
vocational and technical
education programs; and]
schoolwide programs; and
* * * * * * *
(iv) are consistent with, and are
designed to implement, [the State and
local improvement plans] school
improvement strategies, if any.
(C) Instruction by [highly qualified]
effective teachers.
(D) [In accordance with section 1119 and
subsection (a)(4), high-quality] High-quality
and ongoing professional development for
teachers, principals, and paraprofessionals
and, if appropriate, [pupil services]
specialized instructional support services
personnel, parents, and other staff to enable
all children in the school to meet the State's
[student academic achievement] academic
standards.
(E) Strategies to attract [high-quality
highly qualified] effective teachers to high-
need schools.
* * * * * * *
(G) Plans for assisting preschool children in
the transition from early childhood programs[,
such as Head Start, Even Start, Early Reading
First, or a State-run preschool program,] to
local elementary school programs.
(H) Measures to include teachers in the
decisions regarding the use of academic
assessments described in [section 1111(b)(3)]
section 1111(b)(2) in order to provide
information on, and to improve, the achievement
of individual students and the overall
instructional program.
(I) Activities to ensure that students who
experience difficulty mastering the [proficient
or advanced levels of academic achievement
standards] State academic standards required by
section 1111(b)(1) shall be provided with
effective, timely additional assistance which
shall include measures to ensure that students'
difficulties are identified on a timely basis
and to provide sufficient information on which
to base effective assistance.
(J) Coordination and integration of Federal,
State, and local services and programs,
including programs supported under this Act,
violence prevention programs, nutrition
programs, housing programs, Head Start, adult
education, [vocational] career and technical
education, and job training.
(2) Plan.--
(A) In general.--Any eligible school that
desires to operate a schoolwide program shall
[first develop (or amend a plan for such a
program that was in existence on the day before
the date of enactment of the No Child Left
Behind Act of 2001)] have in place, in
consultation with the local educational agency
[and its school support team or other technical
assistance provider under section 1117], a
comprehensive plan for reforming the total
instructional program in the school that--
(i) * * *
(ii) describes how the school will
use resources under this [part] subpart
and from other sources to implement
those components;
* * * * * * *
(iv) describes how the school will
provide individual student academic
assessment results in a language the
parents can understand, including an
interpretation of those results, to the
parents of a child who participates in
the academic assessments required by
[section 1111(b)(3)] section
1111(b)(2).
(B) Plan development.--The comprehensive plan
shall be--
(i) developed during a one-year
period, unless--
(I) the local educational
agency[, after considering the
recommendation of the technical
assistance providers under
section 1117,] determines that
less time is needed to develop
and implement the schoolwide
program; or
(II) the school is operating
a schoolwide program on the day
preceding the date of enactment
of [the No Child Left Behind
Act of 2001] Student Success
Act, in which case such school
may continue to operate such
program, but shall develop
amendments to its existing plan
during the first year of
assistance after that date to
reflect the provisions of this
section;
(ii) developed with the involvement
of parents and other members of the
community to be served and individuals
who will carry out such plan, including
teachers, principals, and
administrators [(including
administrators of programs described in
other parts of this title)], and, if
appropriate, [pupil services]
specialized instructional support
services personnel, technical
assistance providers, school staff,
and, if the plan relates to a secondary
school, students from such school;
(iii) in effect for the duration of
the school's participation under this
[part] subpart and reviewed and
revised, as necessary, by the school;
* * * * * * *
(v) if appropriate, developed in
coordination with programs under
[Reading First, Early Reading First,
Even Start,] the Carl D. Perkins Career
and Technical Education Act of 2006,
and the Head Start Act.
(c) Prekindergarten Program.--A school that is eligible for a
schoolwide program under this section may use funds made
available under this [part] subpart to establish or enhance
prekindergarten programs for children below the age of [6, such
as Even Start programs or Early Reading First programs.] 6.
SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
(a) In General.--In all schools selected to receive funds
under section 1113(c) that [are ineligible for a schoolwide
program under section 1114, or that] choose not to [operate
such] operate a schoolwide program, a local educational agency
serving such school may use funds received under this [part]
subpart only for programs that provide services to eligible
children under subsection (b) identified as having the greatest
need for special assistance.
(b) Eligible Children.--
(1) Eligible population.--
(A) * * *
(B) Eligible children from eligible
population.--From the population described in
subparagraph (A), eligible children are
children identified by the school as failing,
or most at risk of failing, to meet the State's
[challenging student academic achievement]
academic standards on the basis of multiple,
educationally related, objective criteria
established by the local educational agency and
supplemented by the school, except that
children from preschool through grade 2 shall
be selected solely on the basis of such
criteria as teacher judgment, interviews with
parents, and developmentally appropriate
measures.
(2) Children included.--
(A) In general.--Children who are
economically disadvantaged, children with
disabilities, migrant children or [limited
English proficient children] English learners,
are eligible for services under this [part]
subpart on the same basis as other children
selected to receive services under this [part]
subpart.
(B) Head start[, even start, or early reading
first] children.--A child who, at any time in
the 2 years preceding the year for which the
determination is made, participated in a Head
Start[, Even Start, or Early Reading First]
program, or in preschool services under this
title, is eligible for services under this
part.
(C) [Part c children.--] Subpart 3
children.--A child who, at any time in the 2
years preceding the year for which the
determination is made, received services under
[part C] subpart 3 is eligible for services
under this [part] subpart.
(D) Neglected or delinquent children.--A
child in a local institution for neglected or
delinquent children and youth or attending a
community day program for such children is
eligible for services under this [part]
subpart.
(E) Homeless children.--A child who is
homeless and attending any school served by the
local educational agency is eligible for
services under this [part] subpart.
(3) Special rule.--Funds received under this [part]
subpart may not be used to provide services that are
otherwise required by law to be made available to
children described in paragraph (2) but may be used to
coordinate or supplement such services.
(c) Components of a Targeted Assistance School Program.--
(1) In general.--To assist targeted assistance
schools and local educational agencies to meet their
responsibility to provide for all their students served
under this [part] subpart the opportunity to meet the
State's [challenging student academic achievement]
academic standards in subjects as determined by the
State, each targeted assistance program under this
section shall--
(A) use such program's resources under this
[part] subpart to help participating children
meet such State's [challenging student academic
achievement] academic standards expected for
all children;
(B) ensure that planning for students served
under this [part] subpart is incorporated into
existing school planning;
(C) use effective methods and instructional
strategies that are [based on scientifically
based research] evidence-based that strengthens
the core academic program of the school and
that--
(i) * * *
* * * * * * *
(iii) minimize removing children from
the regular classroom during regular
school hours for instruction provided
under this [part] subpart;
(D) coordinate with and support the regular
education program, which may include services
to assist preschool children in the transition
from early childhood programs [such as Head
Start, Even Start, Early Reading First or
State-run preschool programs] to elementary
school programs;
(E) provide instruction by [highly qualified]
effective teachers;
(F) [in accordance with subsection (e)(3) and
section 1119,] provide opportunities for
professional development with resources
provided under this [part] subpart, and, to the
extent practicable, from other sources, for
teachers, principals, and paraprofessionals,
including, if appropriate, [pupil services
personnel] specialized instructional support
personnel, parents, and other staff, who work
with participating children in programs under
this section or in the regular education
program;
* * * * * * *
(H) coordinate and integrate Federal, State,
and local services and programs, including
programs supported under this Act, violence
prevention programs, nutrition programs,
housing programs, Head Start, adult education,
[vocational] career and technical education,
and job training.
(2) Requirements.--Each school conducting a program
under this section shall assist participating children
selected in accordance with subsection (b) to meet the
State's [proficient and advanced levels of achievement]
academic standards by--
(A) the coordinating of resources provided
under this [part] subpart with other resources;
and
(B) reviewing, on an ongoing basis, the
progress of participating children and revising
the targeted assistance program, if necessary,
to provide additional assistance to enable such
children to meet the State's [challenging
student academic achievement] academic
standards, such as an extended school year,
before- and after-school, and summer programs
and opportunities, training for teachers
regarding how to identify students who need
additional assistance, and training for
teachers regarding how to implement student
academic achievement standards in the
classroom.
(d) Integration of Professional Development.--To promote the
integration of staff supported with funds under this [part]
subpart into the regular school program and overall school
planning and improvement efforts, public school personnel who
are paid with funds received under this [part] subpart may--
(1) * * *
* * * * * * *
(e) Special Rules.--
(1) * * *
(2) Comprehensive services.--If--
(A) * * *
(B) funds are not reasonably available from
other public or private sources to provide such
services, then a portion of the funds provided
under this [part] subpart may be used as a last
resort to provide such services, including--
(i) * * *
* * * * * * *
(iii) professional development
necessary to assist teachers, [pupil
services] specialized instructional
support services personnel, other
staff, and parents in identifying and
meeting the comprehensive needs of
eligible children.
[(3) Professional development.--Each school receiving
funds under this part for any fiscal year shall devote
sufficient resources to carry out effectively the
professional development activities described in
subparagraph (F) of subsection (c)(1) in accordance
with section 1119 for such fiscal year, and a school
may enter into a consortium with another school to
carry out such activities.]
[SEC. 1116. ACADEMIC ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
[(a) Local Review.--
[(1) In general.--Each local educational agency
receiving funds under this part shall--
[(A) use the State academic assessments and
other indicators described in the State plan to
review annually the progress of each school
served under this part to determine whether the
school is making adequate yearly progress as
defined in section 1111(b)(2);
[(B) at the local educational agency's
discretion, use any academic assessments or any
other academic indicators described in the
local educational agency's plan under section
1112(b)(1)(A) and (B) to review annually the
progress of each school served under this part
to determine whether the school is making
adequate yearly progress as defined in section
1111(b)(2), except that the local educational
agency may not use such indicators (other than
as provided for in section 1111(b)(2)(I)) if
the indicators reduce the number or change the
schools that would otherwise be subject to
school improvement, corrective action, or
restructuring under section 1116 if such
additional indicators were not used, but may
identify additional schools for school
improvement or in need of corrective action or
restructuring;
[(C) publicize and disseminate the results of
the local annual review described in paragraph
(1) to parents, teachers, principals, schools,
and the community so that the teachers,
principals, other staff, and schools can
continually refine, in an instructionally
useful manner, the program of instruction to
help all children served under this part meet
the challenging State student academic
achievement standards established under section
1111(b)(1); and
[(D) review the effectiveness of the actions
and activities the schools are carrying out
under this part with respect to parental
involvement, professional development, and
other activities assisted under this part.
[(2) Available results.--The State educational agency
shall ensure that the results of State academic
assessments administered in that school year are
available to the local educational agency before the
beginning of the next school year.
[(b) School Improvement.--
[(1) General requirements.--
[(A) Identification.--Subject to subparagraph
(C), a local educational agency shall identify
for school improvement any elementary school or
secondary school served under this part that
fails, for 2 consecutive years, to make
adequate yearly progress as defined in the
State's plan under section 1111(b)(2).
[(B) Deadline.--The identification described
in subparagraph (A) shall take place before the
beginning of the school year following such
failure to make adequate yearly progress.
[(C) Application.--Subparagraph (A) shall not
apply to a school if almost every student in
each group specified in section
1111(b)(2)(C)(v) enrolled in such school is
meeting or exceeding the State's proficient
level of academic achievement.
[(D) Targeted assistance schools.--To
determine if an elementary school or a
secondary school that is conducting a targeted
assistance program under section 1115 should be
identified for school improvement, corrective
action, or restructuring under this section, a
local educational agency may choose to review
the progress of only the students in the school
who are served, or are eligible for services,
under this part.
[(E) Public school choice.--
[(i) In general.--In the case of a
school identified for school
improvement under this paragraph, the
local educational agency shall, not
later than the first day of the school
year following such identification,
provide all students enrolled in the
school with the option to transfer to
another public school served by the
local educational agency, which may
include a public charter school, that
has not been identified for school
improvement under this paragraph,
unless such an option is prohibited by
State law.
[(ii) Rule.--In providing students
the option to transfer to another
public school, the local educational
agency shall give priority to the
lowest achieving children from low-
income families, as determined by the
local educational agency for purposes
of allocating funds to schools under
section 1113(c)(1).
[(F) Transfer.--Students who use the option
to transfer under subparagraph (E) and
paragraph (5)(A), (7)(C)(i), or (8)(A)(i) or
subsection (c)(10)(C)(vii) shall be enrolled in
classes and other activities in the public
school to which the students transfer in the
same manner as all other children at the public
school.
[(2) Opportunity to review and present evidence; time
limit.--
[(A) Identification.--Before identifying an
elementary school or a secondary school for
school improvement under paragraphs (1) or
(5)(A), for corrective action under paragraph
(7), or for restructuring under paragraph (8),
the local educational agency shall provide the
school with an opportunity to review the
school-level data, including academic
assessment data, on which the proposed
identification is based.
[(B) Evidence.--If the principal of a school
proposed for identification under paragraph
(1), (5)(A), (7), or (8) believes, or a
majority of the parents of the students
enrolled in such school believe, that the
proposed identification is in error for
statistical or other substantive reasons, the
principal may provide supporting evidence to
the local educational agency, which shall
consider that evidence before making a final
determination.
[(C) Final determination.--Not later than 30
days after a local educational agency provides
the school with the opportunity to review such
school-level data, the local educational agency
shall make public a final determination on the
status of the school with respect to the
identification.
[(3) School plan.--
[(A) Revised plan.--After the resolution of a
review under paragraph (2), each school
identified under paragraph (1) for school
improvement shall, not later than 3 months
after being so identified, develop or revise a
school plan, in consultation with parents,
school staff, the local educational agency
serving the school, and outside experts, for
approval by such local educational agency. The
school plan shall cover a 2-year period and--
[(i) incorporate strategies based on
scientifically based research that will
strengthen the core academic subjects
in the school and address the specific
academic issues that caused the school
to be identified for school
improvement, and may include a strategy
for the implementation of a
comprehensive school reform model that
includes each of the components
described in part F;
[(ii) adopt policies and practices
concerning the school's core academic
subjects that have the greatest
likelihood of ensuring that all groups
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school will meet the State's proficient
level of achievement on the State
academic assessment described in
section 1111(b)(3) not later than 12
years after the end of the 2001-2002
school year;
[(iii) provide an assurance that the
school will spend not less than 10
percent of the funds made available to
the school under section 1113 for each
fiscal year that the school is in
school improvement status, for the
purpose of providing to the school's
teachers and principal high-quality
professional development that--
[(I) directly addresses the
academic achievement problem
that caused the school to be
identified for school
improvement;
[(II) meets the requirements
for professional development
activities under section 1119;
and
[(III) is provided in a
manner that affords increased
opportunity for participating
in that professional
development;
[(iv) specify how the funds described
in clause (iii) will be used to remove
the school from school improvement
status;
[(v) establish specific annual,
measurable objectives for continuous
and substantial progress by each group
of students specified in section
1111(b)(2)(C)(v) and enrolled in the
school that will ensure that all such
groups of students will, in accordance
with adequate yearly progress as
defined in section 1111(b)(2), meet the
State's proficient level of achievement
on the State academic assessment
described in section 1111(b)(3) not
later than 12 years after the end of
the 2001-2002 school year;
[(vi) describe how the school will
provide written notice about the
identification to parents of each
student enrolled in such school, in a
format and, to the extent practicable,
in a language that the parents can
understand;
[(vii) specify the responsibilities
of the school, the local educational
agency, and the State educational
agency serving the school under the
plan, including the technical
assistance to be provided by the local
educational agency under paragraph (4)
and the local educational agency's
responsibilities under section 1120A;
[(viii) include strategies to promote
effective parental involvement in the
school;
[(ix) incorporate, as appropriate,
activities before school, after school,
during the summer, and during any
extension of the school year; and
[(x) incorporate a teacher mentoring
program.
[(B) Conditional approval.--The local
educational agency may condition approval of a
school plan under this paragraph on--
[(i) inclusion of one or more of the
corrective actions specified in
paragraph (7)(C)(iv); or
[(ii) feedback on the school
improvement plan from parents and
community leaders.
[(C) Plan implementation.--Except as provided
in subparagraph (D), a school shall implement
the school plan (including a revised plan)
expeditiously, but not later than the beginning
of the next full school year following the
identification under paragraph (1).
[(D) Plan approved during school year.--
Notwithstanding subparagraph (C), if a plan is
not approved prior to the beginning of a school
year, such plan shall be implemented
immediately upon approval.
[(E) Local educational agency approval.--The
local educational agency, within 45 days of
receiving a school plan, shall--
[(i) establish a peer review process
to assist with review of the school
plan; and
[(ii) promptly review the school
plan, work with the school as
necessary, and approve the school plan
if the plan meets the requirements of
this paragraph.
[(4) Technical assistance.--
[(A) In general.--For each school identified
for school improvement under paragraph (1), the
local educational agency serving the school
shall ensure the provision of technical
assistance as the school develops and
implements the school plan under paragraph (3)
throughout the plan's duration.
[(B) Specific assistance.--Such technical
assistance--
[(i) shall include assistance in
analyzing data from the assessments
required under section 1111(b)(3), and
other examples of student work, to
identify and address problems in
instruction, and problems if any, in
implementing the parental involvement
requirements described in section 1118,
the professional development
requirements described in section 1119,
and the responsibilities of the school
and local educational agency under the
school plan, and to identify and
address solutions to such problems;
[(ii) shall include assistance in
identifying and implementing
professional development, instructional
strategies, and methods of instruction
that are based on scientifically based
research and that have proven effective
in addressing the specific
instructional issues that caused the
school to be identified for school
improvement;
[(iii) shall include assistance in
analyzing and revising the school's
budget so that the school's resources
are more effectively allocated to the
activities most likely to increase
student academic achievement and to
remove the school from school
improvement status; and
[(iv) may be provided--
[(I) by the local educational
agency, through mechanisms
authorized under section 1117;
or
[(II) by the State
educational agency, an
institution of higher education
(that is in full compliance
with all the reporting
provisions of title II of the
Higher Education Act of 1965),
a private not-for-profit
organization or for-profit
organization, an educational
service agency, or another
entity with experience in
helping schools improve
academic achievement.
[(C) Scientifically based research.--
Technical assistance provided under this
section by a local educational agency or an
entity approved by that agency shall be based
on scientifically based research.
[(5) Failure to make adequate yearly progress after
identification.--In the case of any school served under
this part that fails to make adequate yearly progress,
as set out in the State's plan under section
1111(b)(2), by the end of the first full school year
after identification under paragraph (1), the local
educational agency serving such school--
[(A) shall continue to provide all students
enrolled in the school with the option to
transfer to another public school served by the
local educational agency in accordance with
subparagraphs (E) and (F);
[(B) shall make supplemental educational
services available consistent with subsection
(e)(1); and
[(C) shall continue to provide technical
assistance.
[(6) Notice to parents.--A local educational agency
shall promptly provide to a parent or parents (in an
understandable and uniform format and, to the extent
practicable, in a language the parents can understand)
of each student enrolled in an elementary school or a
secondary school identified for school improvement
under paragraph (1), for corrective action under
paragraph (7), or for restructuring under paragraph
(8)--
[(A) an explanation of what the
identification means, and how the school
compares in terms of academic achievement to
other elementary schools or secondary schools
served by the local educational agency and the
State educational agency involved;
[(B) the reasons for the identification;
[(C) an explanation of what the school
identified for school improvement is doing to
address the problem of low achievement;
[(D) an explanation of what the local
educational agency or State educational agency
is doing to help the school address the
achievement problem;
[(E) an explanation of how the parents can
become involved in addressing the academic
issues that caused the school to be identified
for school improvement; and
[(F) an explanation of the parents' option to
transfer their child to another public school
under paragraphs (1)(E), (5)(A), (7)(C)(i),
(8)(A)(i), and subsection (c)(10)(C)(vii) (with
transportation provided by the agency when
required by paragraph (9)) or to obtain
supplemental educational services for the
child, in accordance with subsection (e).
[(7) Corrective action.--
[(A) In general.--In this subsection, the
term ``corrective action'' means action,
consistent with State law, that--
[(i) substantially and directly
responds to--
[(I) the consistent academic
failure of a school that caused
the local educational agency to
take such action; and
[(II) any underlying
staffing, curriculum, or other
problems in the school; and
[(ii) is designed to increase
substantially the likelihood that each
group of students described in
1111(b)(2)(C) enrolled in the school
identified for corrective action will
meet or exceed the State's proficient
levels of achievement on the State
academic assessments described in
section 1111(b)(3).
[(B) System.--In order to help students
served under this part meet challenging State
student academic achievement standards, each
local educational agency shall implement a
system of corrective action in accordance with
subparagraphs (C) through (E).
[(C) Role of local educational agency.--In
the case of any school served by a local
educational agency under this part that fails
to make adequate yearly progress, as defined by
the State under section 1111(b)(2), by the end
of the second full school year after the
identification under paragraph (1), the local
educational agency shall--
[(i) continue to provide all students
enrolled in the school with the option
to transfer to another public school
served by the local educational agency,
in accordance with paragraph (1)(E) and
(F);
[(ii) continue to provide technical
assistance consistent with paragraph
(4) while instituting any corrective
action under clause (iv);
[(iii) continue to make supplemental
educational services available, in
accordance with subsection (e), to
children who remain in the school; and
[(iv) identify the school for
corrective action and take at least one
of the following corrective actions:
[(I) Replace the school staff
who are relevant to the failure
to make adequate yearly
progress.
[(II) Institute and fully
implement a new curriculum,
including providing appropriate
professional development for
all relevant staff, that is
based on scientifically based
research and offers substantial
promise of improving
educational achievement for
low-achieving students and
enabling the school to make
adequate yearly progress.
[(III) Significantly decrease
management authority at the
school level.
[(IV) Appoint an outside
expert to advise the school on
its progress toward making
adequate yearly progress, based
on its school plan under
paragraph (3).
[(V) Extend the school year
or school day for the school.
[(VI) Restructure the
internal organizational
structure of the school.
[(D) Delay.--Notwithstanding any other
provision of this paragraph, the local
educational agency may delay, for a period not
to exceed 1 year, implementation of the
requirements under paragraph (5), corrective
action under this paragraph, or restructuring
under paragraph (8) if the school makes
adequate yearly progress for 1 year or if its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency or school. No
such period shall be taken into account in
determining the number of consecutive years of
failure to make adequate yearly progress.
[(E) Publication and dissemination.--The
local educational agency shall publish and
disseminate information regarding any
corrective action the local educational agency
takes under this paragraph at a school--
[(i) to the public and to the parents
of each student enrolled in the school
subject to corrective action;
[(ii) in an understandable and
uniform format and, to the extent
practicable, provided in a language
that the parents can understand; and
[(iii) through such means as the
Internet, the media, and public
agencies.
[(8) Restructuring.--
[(A) Failure to make adequate yearly
progress.--If, after 1 full school year of
corrective action under paragraph (7), a school
subject to such corrective action continues to
fail to make adequate yearly progress, then the
local educational agency shall--
[(i) continue to provide all students
enrolled in the school with the option
to transfer to another public school
served by the local educational agency,
in accordance with paragraph (1)(E) and
(F);
[(ii) continue to make supplemental
educational services available, in
accordance with subsection (e), to
children who remain in the school; and
[(iii) prepare a plan and make
necessary arrangements to carry out
subparagraph (B).
[(B) Alternative governance.--Not later than
the beginning of the school year following the
year in which the local educational agency
implements subparagraph (A), the local
educational agency shall implement one of the
following alternative governance arrangements
for the school consistent with State law:
[(i) Reopening the school as a public
charter school.
[(ii) Replacing all or most of the
school staff (which may include the
principal) who are relevant to the
failure to make adequate yearly
progress.
[(iii) Entering into a contract with
an entity, such as a private management
company, with a demonstrated record of
effectiveness, to operate the public
school.
[(iv) Turning the operation of the
school over to the State educational
agency, if permitted under State law
and agreed to by the State.
[(v) Any other major restructuring of
the school's governance arrangement
that makes fundamental reforms, such as
significant changes in the school's
staffing and governance, to improve
student academic achievement in the
school and that has substantial promise
of enabling the school to make adequate
yearly progress as defined in the State
plan under section 1111(b)(2). In the
case of a rural local educational
agency with a total of less than 600
students in average daily attendance at
the schools that are served by the
agency and all of whose schools have a
School Locale Code of 7 or 8, as
determined by the Secretary, the
Secretary shall, at such agency's
request, provide technical assistance
to such agency for the purpose of
implementing this clause.
[(C) Prompt notice.--The local educational
agency shall--
[(i) provide prompt notice to
teachers and parents whenever
subparagraph (A) or (B) applies; and
[(ii) provide the teachers and
parents with an adequate opportunity
to--
[(I) comment before taking
any action under those
subparagraphs; and
[(II) participate in
developing any plan under
subparagraph (A)(iii).
[(9) Transportation.--In any case described in
paragraph (1)(E) for schools described in paragraphs
(1)(A), (5), (7)(C)(i), and (8)(A), and subsection
(c)(10)(C)(vii), the local educational agency shall
provide, or shall pay for the provision of,
transportation for the student to the public school the
student attends.
[(10) Funds for transportation and supplemental
educational services.--
[(A) In general.--Unless a lesser amount is
needed to comply with paragraph (9) and to
satisfy all requests for supplemental
educational services under subsection (e), a
local educational agency shall spend an amount
equal to 20 percent of its allocation under
subpart 2, from which the agency shall spend--
[(i) an amount equal to 5 percent of
its allocation under subpart 2 to
provide, or pay for, transportation
under paragraph (9);
[(ii) an amount equal to 5 percent of
its allocation under subpart 2 to
provide supplemental educational
services under subsection (e); and
[(iii) an amount equal to the
remaining 10 percent of its allocation
under subpart 2 for transportation
under paragraph (9), supplemental
educational services under subsection
(e), or both, as the agency determines.
[(B) Total amount.--The total amount
described in subparagraph (A)(ii) is the
maximum amount the local educational agency
shall be required to spend under this part on
supplemental educational services described in
subsection (e).
[(C) Insufficient funds.--If the amount of
funds described in subparagraph (A)(ii) or
(iii) and available to provide services under
this subsection is insufficient to provide
supplemental educational services to each child
whose parents request the services, the local
educational agency shall give priority to
providing the services to the lowest-achieving
children.
[(D) Prohibition.--A local educational agency
shall not, as a result of the application of
this paragraph, reduce by more than 15 percent
the total amount made available under section
1113(c) to a school described in paragraph
(7)(C) or (8)(A) of subsection (b).
[(11) Cooperative agreement.--In any case described
in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i),
or subsection (c)(10)(C)(vii) if all public schools
served by the local educational agency to which a child
may transfer are identified for school improvement,
corrective action or restructuring, the agency shall,
to the extent practicable, establish a cooperative
agreement with other local educational agencies in the
area for a transfer.
[(12) Duration.--If any school identified for school
improvement, corrective action, or restructuring makes
adequate yearly progress for two consecutive school
years, the local educational agency shall no longer
subject the school to the requirements of school
improvement, corrective action, or restructuring or
identify the school for school improvement for the
succeeding school year.
[(13) Special rule.--A local educational agency shall
permit a child who transferred to another school under
this subsection to remain in that school until the
child has completed the highest grade in that school.
The obligation of the local educational agency to
provide, or to provide for, transportation for the
child ends at the end of a school year if the local
educational agency determines that the school from
which the child transferred is no longer identified for
school improvement or subject to corrective action or
restructuring.
[(14) State educational agency responsibilities.--The
State educational agency shall--
[(A) make technical assistance under section
1117 available to schools identified for school
improvement, corrective action, or
restructuring under this subsection consistent
with section 1117(a)(2);
[(B) if the State educational agency
determines that a local educational agency
failed to carry out its responsibilities under
this subsection, take such corrective actions
as the State educational agency determines to
be appropriate and in compliance with State
law;
[(C) ensure that academic assessment results
under this part are provided to schools before
any identification of a school may take place
under this subsection; and
[(D) for local educational agencies or
schools identified for improvement under this
subsection, notify the Secretary of major
factors that were brought to the attention of
the State educational agency under section
1111(b)(9) that have significantly affected
student academic achievement.
[(c) State Review and Local Educational Agency Improvement.--
[(1) In general.--A State shall--
[(A) annually review the progress of each
local educational agency receiving funds under
this part to determine whether schools
receiving assistance under this part are making
adequate yearly progress as defined in section
1111(b)(2) toward meeting the State's student
academic achievement standards and to determine
if each local educational agency is carrying
out its responsibilities under this section and
sections 1117, 1118, and 1119; and
[(B) publicize and disseminate to local
educational agencies, teachers and other staff,
parents, students, and the community the
results of the State review, including
statistically sound disaggregated results, as
required by section 1111(b)(2).
[(2) Rewards.--In the case of a local educational
agency that, for 2 consecutive years, has exceeded
adequate yearly progress as defined in the State plan
under section 1111(b)(2), the State may make rewards of
the kinds described under section 1117 to the agency.
[(3) Identification of local educational agency for
improvement.--A State shall identify for improvement
any local educational agency that, for 2 consecutive
years, including the period immediately prior to the
date of enactment of the No Child Left Behind Act of
2001, failed to make adequate yearly progress as
defined in the State's plan under section 1111(b)(2).
[(4) Targeted assistance schools.--When reviewing
targeted assistance schools served by a local
educational agency, a State educational agency may
choose to review the progress of only the students in
such schools who are served, or are eligible for
services, under this part.
[(5) Opportunity to review and present evidence.--
[(A) Review.--Before identifying a local
educational agency for improvement under
paragraph (3) or corrective action under
paragraph (10), a State educational agency
shall provide the local educational agency with
an opportunity to review the data, including
academic assessment data, on which the proposed
identification is based.
[(B) Evidence.--If the local educational
agency believes that the proposed
identification is in error for statistical or
other substantive reasons, the agency may
provide supporting evidence to the State
educational agency, which shall consider the
evidence before making a final determination
not later than 30 days after the State
educational agency provides the local
educational agency with the opportunity to
review such data under subparagraph (A).
[(6) Notification to parents.--The State educational
agency shall promptly provide to the parents (in a
format and, to the extent practicable, in a language
the parents can understand) of each student enrolled in
a school served by a local educational agency
identified for improvement, the results of the review
under paragraph (1) and, if the agency is identified
for improvement, the reasons for that identification
and how parents can participate in upgrading the
quality of the local educational agency.
[(7) Local educational agency revisions.--
[(A) Plan.--Each local educational agency
identified under paragraph (3) shall, not later
than 3 months after being so identified,
develop or revise a local educational agency
plan, in consultation with parents, school
staff, and others. Such plan shall--
[(i) incorporate scientifically based
research strategies that strengthen the
core academic program in schools served
by the local educational agency;
[(ii) identify actions that have the
greatest likelihood of improving the
achievement of participating children
in meeting the State's student academic
achievement standards;
[(iii) address the professional
development needs of the instructional
staff serving the agency by committing
to spend not less than 10 percent of
the funds received by the local
educational agency under subpart 2 for
each fiscal year in which the agency is
identified for improvement for
professional development (including
funds reserved for professional
development under subsection
(b)(3)(A)(iii)), but excluding funds
reserved for professional development
under section 1119;
[(iv) include specific measurable
achievement goals and targets for each
of the groups of students identified in
the disaggregated data pursuant to
section 1111(b)(2)(C)(v), consistent
with adequate yearly progress as
defined under section 1111(b)(2);
[(v) address the fundamental teaching
and learning needs in the schools of
that agency, and the specific academic
problems of low-achieving students,
including a determination of why the
local educational agency's prior plan
failed to bring about increased student
academic achievement;
[(vi) incorporate, as appropriate,
activities before school, after school,
during the summer, and during an
extension of the school year;
[(vii) specify the responsibilities
of the State educational agency and the
local educational agency under the
plan, including specifying the
technical assistance to be provided by
the State educational agency under
paragraph (9) and the local educational
agency's responsibilities under section
1120A; and
[(viii) include strategies to promote
effective parental involvement in the
school.
[(B) Implementation.--The local educational
agency shall implement the plan (including a
revised plan) expeditiously, but not later than
the beginning of the next school year after the
school year in which the agency was identified
for improvement.
[(9) State educational agency responsibility.--
[(A) Technical or other assistance.--For each
local educational agency identified under
paragraph (3), the State educational agency
shall provide technical or other assistance if
requested, as authorized under section 1117, to
better enable the local educational agency to--
[(i) develop and implement the local
educational agency's plan; and
[(ii) work with schools needing
improvement.
[(B) Methods and strategies.--Technical
assistance provided under this section by the
State educational agency or an entity
authorized by such agency shall be supported by
effective methods and instructional strategies
based on scientifically based research. Such
technical assistance shall address problems, if
any, in implementing the parental involvement
activities described in section 1118 and the
professional development activities described
in section 1119.
[(10) Corrective action.--In order to help students
served under this part meet challenging State student
academic achievement standards, each State shall
implement a system of corrective action in accordance
with the following:
[(A) Definition.--As used in this paragraph,
the term ``corrective action'' means action,
consistent with State law, that--
[(i) substantially and directly
responds to the consistent academic
failure that caused the State to take
such action and to any underlying
staffing, curricular, or other problems
in the agency; and
[(ii) is designed to meet the goal of
having all students served under this
part achieve at the proficient and
advanced student academic achievement
levels.
[(B) General requirements.--After providing
technical assistance under paragraph (9) and
subject to subparagraph (E), the State--
[(i) may take corrective action at
any time with respect to a local
educational agency that has been
identified under paragraph (3);
[(ii) shall take corrective action
with respect to any local educational
agency that fails to make adequate
yearly progress, as defined by the
State, by the end of the second full
school year after the identification of
the agency under paragraph (3); and
[(iii) shall continue to provide
technical assistance while instituting
any corrective action under clause (i)
or (ii).
[(C) Certain corrective actions required.--In
the case of a local educational agency
identified for corrective action, the State
educational agency shall take at least one of
the following corrective actions:
[(i) Deferring programmatic funds or
reducing administrative funds.
[(ii) Instituting and fully
implementing a new curriculum that is
based on State and local academic
content and achievement standards,
including providing appropriate
professional development based on
scientifically based research for all
relevant staff, that offers substantial
promise of improving educational
achievement for low-achieving students.
[(iii) Replacing the local
educational agency personnel who are
relevant to the failure to make
adequate yearly progress.
[(iv) Removing particular schools
from the jurisdiction of the local
educational agency and establishing
alternative arrangements for public
governance and supervision of such
schools.
[(v) Appointing, through the State
educational agency, a receiver or
trustee to administer the affairs of
the local educational agency in place
of the superintendent and school board.
[(vi) Abolishing or restructuring the
local educational agency.
[(vii) Authorizing students to
transfer from a school operated by the
local educational agency to a higher-
performing public school operated by
another local educational agency in
accordance with subsections (b)(1)(E)
and (F), and providing to such students
transportation (or the costs of
transportation) to such schools
consistent with subsection (b)(9), in
conjunction with carrying out not less
than one additional action described
under this subparagraph.
[(D) Hearing.--Prior to implementing any
corrective action under this paragraph, the
State educational agency shall provide notice
and a hearing to the affected local educational
agency, if State law provides for such notice
and hearing. The hearing shall take place not
later than 45 days following the decision to
implement corrective action.
[(E) Notice to parents.--The State
educational agency shall publish, and
disseminate to parents and the public,
information on any corrective action the State
educational agency takes under this paragraph
through such means as the Internet, the media,
and public agencies.
[(F) Delay.--Notwithstanding subparagraph
(B)(ii), a State educational agency may delay,
for a period not to exceed 1 year,
implementation of corrective action under this
paragraph if the local educational agency makes
adequate yearly progress for 1 year or its
failure to make adequate yearly progress is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the financial resources
of the local educational agency. No such period
shall be taken into account in determining the
number of consecutive years of failure to make
adequate yearly progress.
[(11) Special rule.--If a local educational agency
makes adequate yearly progress for two consecutive
school years beginning after the date of identification
of the agency under paragraph (3), the State
educational agency need no longer identify the local
educational agency for improvement or subject the local
educational agency to corrective action for the
succeeding school year.
[(d) Construction.--Nothing in this section shall be
construed to alter or otherwise affect the rights, remedies,
and procedures afforded school or school district employees
under Federal, State, or local laws (including applicable
regulations or court orders) or under the terms of collective
bargaining agreements, memoranda of understanding, or other
agreements between such employees and their employers.
[(e) Supplemental Educational Services.--
[(1) Supplemental educational services.--In the case
of any school described in paragraph (5), (7), or (8)
of subsection (b), the local educational agency serving
such school shall, subject to this subsection, arrange
for the provision of supplemental educational services
to eligible children in the school from a provider with
a demonstrated record of effectiveness, that is
selected by the parents and approved for that purpose
by the State educational agency in accordance with
reasonable criteria, consistent with paragraph (5),
that the State educational agency shall adopt.
[(2) Local educational agency responsibilities.--Each
local educational agency subject to this subsection
shall--
[(A) provide, at a minimum, annual notice to
parents (in an understandable and uniform
format and, to the extent practicable, in a
language the parents can understand) of--
[(i) the availability of services
under this subsection;
[(ii) the identity of approved
providers of those services that are
within the local educational agency or
whose services are reasonably available
in neighboring local educational
agencies; and
[(iii) a brief description of the
services, qualifications, and
demonstrated effectiveness of each such
provider;
[(B) if requested, assist parents in choosing
a provider from the list of approved providers
maintained by the State;
[(C) apply fair and equitable procedures for
serving students if the number of spaces at
approved providers is not sufficient to serve
all students; and
[(D) not disclose to the public the identity
of any student who is eligible for, or
receiving, supplemental educational services
under this subsection without the written
permission of the parents of the student.
[(3) Agreement.--In the case of the selection of an
approved provider by a parent, the local educational
agency shall enter into an agreement with such
provider. Such agreement shall--
[(A) require the local educational agency to
develop, in consultation with parents (and the
provider chosen by the parents), a statement of
specific achievement goals for the student, how
the student's progress will be measured, and a
timetable for improving achievement that, in
the case of a student with disabilities, is
consistent with the student's individualized
education program under section 614(d) of the
Individuals with Disabilities Education Act;
[(B) describe how the student's parents and
the student's teacher or teachers will be
regularly informed of the student's progress;
[(C) provide for the termination of such
agreement if the provider is unable to meet
such goals and timetables;
[(D) contain provisions with respect to the
making of payments to the provider by the local
educational agency; and
[(E) prohibit the provider from disclosing to
the public the identity of any student eligible
for, or receiving, supplemental educational
services under this subsection without the
written permission of the parents of such
student.
[(4) State educational agency responsibilities.--A
State educational agency shall--
[(A) in consultation with local educational
agencies, parents, teachers, and other
interested members of the public, promote
maximum participation by providers to ensure,
to the extent practicable, that parents have as
many choices as possible;
[(B) develop and apply objective criteria,
consistent with paragraph (5), to potential
providers that are based on a demonstrated
record of effectiveness in increasing the
academic proficiency of students in subjects
relevant to meeting the State academic content
and student achievement standards adopted under
section 1111(b)(1);
[(C) maintain an updated list of approved
providers across the State, by school district,
from which parents may select;
[(D) develop, implement, and publicly report
on standards and techniques for monitoring the
quality and effectiveness of the services
offered by approved providers under this
subsection, and for withdrawing approval from
providers that fail, for 2 consecutive years,
to contribute to increasing the academic
proficiency of students served under this
subsection as described in subparagraph (B);
and
[(E) provide annual notice to potential
providers of supplemental educational services
of the opportunity to provide services under
this subsection and of the applicable
procedures for obtaining approval from the
State educational agency to be an approved
provider of those services.
[(5) Criteria for providers.--In order for a provider
to be included on the State list under paragraph
(4)(C), a provider shall agree to carry out the
following:
[(A) Provide parents of children receiving
supplemental educational services under this
subsection and the appropriate local
educational agency with information on the
progress of the children in increasing
achievement, in a format and, to the extent
practicable, a language that such parents can
understand.
[(B) Ensure that instruction provided and
content used by the provider are consistent
with the instruction provided and content used
by the local educational agency and State, and
are aligned with State student academic
achievement standards.
[(C) Meet all applicable Federal, State, and
local health, safety, and civil rights laws.
[(D) Ensure that all instruction and content
under this subsection are secular, neutral, and
nonideological.
[(6) Amounts for supplemental educational services.--
The amount that a local educational agency shall make
available for supplemental educational services for
each child receiving those services under this
subsection shall be the lesser of--
[(A) the amount of the agency's allocation
under subpart 2, divided by the number of
children from families below the poverty level
counted under section 1124(c)(1)(A); or
[(B) the actual costs of the supplemental
educational services received by the child.
[(7) Funds provided by state educational agency.--
Each State educational agency may use funds that the
agency reserves under this part, and part A of title V,
to assist local educational agencies that do not have
sufficient funds to provide services under this
subsection for all eligible students requesting such
services.
[(8) Duration.--The local educational agency shall
continue to provide supplemental educational services
to a child receiving such services under this
subsection until the end of the school year in which
such services were first received.
[(9) Prohibition.--Nothing contained in this
subsection shall permit the making of any payment for
religious worship or instruction.
[(10) Waiver.--
[(A) Requirement.--At the request of a local
educational agency, a State educational agency
may waive, in whole or in part, the requirement
of this subsection to provide supplemental
educational services if the State educational
agency determines that--
[(i) none of the providers of those
services on the list approved by the
State educational agency under
paragraph (4)(C) makes those services
available in the area served by the
local educational agency or within a
reasonable distance of that area; and
[(ii) the local educational agency
provides evidence that it is not able
to provide those services.
[(B) Notification.--The State educational
agency shall notify the local educational
agency, within 30 days of receiving the local
educational agency's request for a waiver under
subparagraph (A), whether the request is
approved or disapproved and, if disapproved,
the reasons for the disapproval, in writing.
[(11) Special rule.--If State law prohibits a State
educational agency from carrying out one or more of its
responsibilities under paragraph (4) with respect to
those who provide, or seek approval to provide,
supplemental educational services, each local
educational agency in the State shall carry out those
responsibilities with respect to its students who are
eligible for those services.
[(12) Definitions.--In this subsection--
[(A) the term ``eligible child'' means a
child from a low-income family, as determined
by the local educational agency for purposes of
allocating funds to schools under section
1113(c)(1);
[(B) the term ``provider'' means a non-profit
entity, a for-profit entity, or a local
educational agency that--
[(i) has a demonstrated record of
effectiveness in increasing student
academic achievement;
[(ii) is capable of providing
supplemental educational services that
are consistent with the instructional
program of the local educational agency
and the academic standards described
under section 1111; and
[(iii) is financially sound; and
[(C) the term ``supplemental educational
services'' means tutoring and other
supplemental academic enrichment services that
are--
[(i) in addition to instruction
provided during the school day; and
[(ii) are of high quality, research-
based, and specifically designed to
increase the academic achievement of
eligible children on the academic
assessments required under section 1111
and attain proficiency in meeting the
State's academic achievement standards.
[(f) Schools and LEAs Previously Identified for Improvement
or Corrective Action.--
[(1) Schools.--
[(A) School improvement.--
[(i) Schools in school-improvement
status before date of enactment.--Any
school that was in the first year of
school improvement status under this
section on the day preceding the date
of enactment of the No Child Left
Behind Act of 2001 (as this section was
in effect on such day) shall be treated
by the local educational agency as a
school that is in the first year of
school improvement status under
paragraph (1).
[(ii) Schools in school-improvement
status for 2 or more years before date
of enactment.--Any school that was in
school improvement status under this
section for two or more consecutive
school years preceding the date of
enactment of the No Child Left Behind
Act of 2001 (as this section was in
effect on such day) shall be treated by
the local educational agency as a
school described in subsection (b)(5).
[(B) Corrective action.--Any school that was
in corrective action status under this section
on the day preceding the date of enactment of
the No Child Left Behind Act of 2001 (as this
section was in effect on such day) shall be
treated by the local educational agency as a
school described in paragraph (7).
[(2) LEAs.--
[(A) LEA improvement.--A State shall identify
for improvement under subsection (c)(3) any
local educational agency that was in
improvement status under this section as this
section was in effect on the day preceding the
date of enactment of the No Child Left Behind
Act of 2001.
[(B) Corrective action.--A State shall
identify for corrective action under subsection
(c)(10) any local educational agency that was
in corrective action status under this section
as this section was in effect on the day
preceding the date of enactment of the No Child
Left Behind Act of 2001.
[(C) Special rule.--For the schools and other
local educational agencies described under
paragraphs (1) and (2), as required, the State
shall ensure that public school choice in
accordance with subparagraphs (b)(1)(E) and (F)
and supplemental education services in
accordance with subsection (e) are provided not
later than the first day of the 2002-2003
school year.
[(D) Transition.--With respect to a
determination that a local educational agency
has for 2 consecutive years failed to make
adequate yearly progress as defined in the
State plan under section 1111(b)(2), such
determination shall include in such 2-year
period any continuous period of time
immediately preceding the date of enactment of
the No Child Left Behind Act of 2001 during
which the agency has failed to make such
progress.
[(g) Schools Funded by the Bureau of Indian Affairs.--
[(1) Adequate yearly progress for bureau funded
schools.--
[(A) Development of definition.--
[(i) Definition.--The Secretary of
the Interior, in consultation with the
Secretary if the Secretary of Interior
requests the consultation, using the
process set out in section 1138(b) of
the Education Amendments of 1978, shall
define adequate yearly progress,
consistent with section 1111(b), for
the schools funded by the Bureau of
Indian Affairs on a regional or tribal
basis, as appropriate, taking into
account the unique circumstances and
needs of such schools and the students
served by such schools.
[(ii) Use of definition.--The
Secretary of the Interior, consistent
with clause (i), may use the definition
of adequate yearly progress that the
State in which the school that is
funded by the Bureau is located uses
consistent with section 1111(b), or in
the case of schools that are located in
more than one State, the Secretary of
the Interior may use whichever State
definition of adequate yearly progress
that best meets the unique
circumstances and needs of such school
or schools and the students the schools
serve.
[(B) Waiver.--The tribal governing body or
school board of a school funded by the Bureau
of Indian Affairs may waive, in part or in
whole, the definition of adequate yearly
progress established pursuant to paragraph (A)
where such definition is determined by such
body or school board to be inappropriate. If
such definition is waived, the tribal governing
body or school board shall, within 60 days
thereafter, submit to the Secretary of Interior
a proposal for an alternative definition of
adequate yearly progress, consistent with
section 1111(b), that takes into account the
unique circumstances and needs of such school
or schools and the students served. The
Secretary of the Interior, in consultation with
the Secretary if the Secretary of Interior
requests the consultation, shall approve such
alternative definition unless the Secretary
determines that the definition does not meet
the requirements of section 1111(b), taking
into account the unique circumstances and needs
of such school or schools and the students
served.
[(C) Technical assistance.--The Secretary of
Interior shall, in consultation with the
Secretary if the Secretary of Interior requests
the consultation, either directly or through a
contract, provide technical assistance, upon
request, to a tribal governing body or school
board of a school funded by the Bureau of
Indian Affairs that seeks to develop an
alternative definition of adequate yearly
progress.
[(2) Accountability for bia schools.--For the
purposes of this section, schools funded by the Bureau
of Indian Affairs shall be considered schools subject
to subsection (b), as specifically provided for in this
subsection, except that such schools shall not be
subject to subsection (c), or the requirements to
provide public school choice and supplemental
educational services under subsections (b) and (e).
[(3) School improvement for bureau schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to development and
implementation of any school improvement plan
as described in subsections (b)(1) through
(b)(3), and subsection (b)(5), other than
subsection (b)(1)(E). The Bureau of Indian
Affairs shall be responsible for meeting the
requirements of subsection (b)(4) relating to
technical assistance.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
development and implementation of any school
improvement plan as described in subsections
(b)(1) through (b)(5), other than subsection
(b)(1)(E).
[(4) Corrective action and restructuring for bureau-
funded schools.--
[(A) Contract and grant schools.--For a
school funded by the Bureau of Indian Affairs
which is operated under a contract issued by
the Secretary of the Interior pursuant to the
Indian Self-Determination Act (25 U.S.C. 450 et
seq.) or under a grant issued by the Secretary
of the Interior pursuant to the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501
et seq.), the school board of such school shall
be responsible for meeting the requirements of
subsection (b) relating to corrective action
and restructuring as described in subsection
(b)(7) and (b)(8). Any action taken by such
school board under subsection (b)(7) or (b)(8)
shall take into account the unique
circumstances and structure of the Bureau of
Indian Affairs-funded school system and the
laws governing that system.
[(B) Bureau operated schools.--For schools
operated by the Bureau of Indian Affairs, the
Bureau shall be responsible for meeting the
requirements of subsection (b) relating to
corrective action and restructuring as
described in subsection (b)(7) and (b)(8). Any
action taken by the Bureau under subsection
(b)(7) or (b)(8) shall take into account the
unique circumstances and structure of the
Bureau of Indian Affairs-funded school system
and the laws governing that system.
[(5) Annual report.--On an annual basis, the
Secretary of the Interior shall report to the Secretary
of Education and to the appropriate committees of
Congress regarding any schools funded by the Bureau of
Indian Affairs which have been identified for school
improvement. Such report shall include--
[(A) the identity of each school;
[(B) a statement from each affected school
board regarding the factors that lead to such
identification; and
[(C) an analysis by the Secretary of the
Interior, in consultation with the Secretary if
the Secretary of Interior requests the
consultation, as to whether sufficient
resources were available to enable such school
to achieve adequate yearly progress.
[(h) Other Agencies.--After receiving the notice described in
subsection (b)(14)(D), the Secretary may notify, to the extent
feasible and necessary as determined by the Secretary, other
relevant Federal agencies regarding the major factors that were
determined by the State educational agency to have
significantly affected student academic achievement.
[SEC. 1117. SCHOOL SUPPORT AND RECOGNITION.
[(a) System for Support.--
[(1) In general.--Each State shall establish a
statewide system of intensive and sustained support and
improvement for local educational agencies and schools
receiving funds under this part, in order to increase
the opportunity for all students served by those
agencies and schools to meet the State's academic
content standards and student academic achievement
standards.
[(2) Priorities.--In carrying out this subsection, a
State shall--
[(A) first, provide support and assistance to
local educational agencies with schools subject
to corrective action under section 1116 and
assist those schools, in accordance with
section 1116(b)(11), for which a local
educational agency has failed to carry out its
responsibilities under paragraphs (7) and (8)
of section 1116(b);
[(B) second, provide support and assistance
to other local educational agencies with
schools identified as in need of improvement
under section 1116(b); and
[(C) third, provide support and assistance to
other local educational agencies and schools
participating under this part that need that
support and assistance in order to achieve the
purpose of this part.
[(3) Regional centers.--Such a statewide system
shall, to the extent practicable, work with and receive
support and assistance from regional educational
laboratories established under part D of the Education
Sciences Reform Act of 2002 and comprehensive centers
established under the Educational Technical Assistance
Act of 2002 and the comprehensive regional technical
assistance centers and the regional educational
laboratories under section 941(h) of the Educational
Research, Development, Dissemination, and Improvement
Act of 1994 (as such section existed on the day before
the date of enactment of the Education Sciences Reform
Act of 2002), or other providers of technical
assistance.
[(4) Statewide system.--
[(A) In order to achieve the purpose
described in paragraph (1), the statewide
system shall include, at a minimum, the
following approaches:
[(i) Establishing school support
teams in accordance with subparagraph
(C) for assignment to, and working in,
schools in the State that are described
in paragraph (2).
[(ii) Providing such support as the
State educational agency determines
necessary and available in order to
ensure the effectiveness of such teams.
[(iii) Designating and using
distinguished teachers and principals
who are chosen from schools served
under this part that have been
especially successful in improving
academic achievement.
[(iv) Devising additional approaches
to providing the assistance described
in paragraph (1), such as providing
assistance through institutions of
higher education and educational
service agencies or other local
consortia, and private providers of
scientifically based technical
assistance.
[(B) Priority.--The State educational agency
shall give priority to the approach described
in clause (i) of subparagraph (A).
[(5) School support teams.--
[(A) Composition.--Each school support team
established under this section shall be
composed of persons knowledgeable about
scientifically based research and practice on
teaching and learning and about successful
schoolwide projects, school reform, and
improving educational opportunities for low-
achieving students, including--
[(i) highly qualified or
distinguished teachers and principals;
[(ii) pupil services personnel;
[(iii) parents;
[(iv) representatives of institutions
of higher education;
[(v) representatives of regional
educational laboratories or
comprehensive regional technical
assistance centers;
[(vi) representatives of outside
consultant groups; or
[(vii) other individuals as the State
educational agency, in consultation
with the local educational agency, may
determine appropriate.
[(B) Functions.--Each school support team
assigned to a school under this section shall--
[(i) review and analyze all facets of
the school's operation, including the
design and operation of the
instructional program, and assist the
school in developing recommendations
for improving student performance in
that school;
[(ii) collaborate with parents and
school staff and the local educational
agency serving the school in the
design, implementation, and monitoring
of a plan that, if fully implemented,
can reasonably be expected to improve
student performance and help the school
meet its goals for improvement,
including adequate yearly progress
under section 1111(b)(2)(B);
[(iii) evaluate, at least
semiannually, the effectiveness of
school personnel assigned to the
school, including identifying
outstanding teachers and principals,
and make findings and recommendations
to the school, the local educational
agency, and, where appropriate, the
State educational agency; and
[(iv) make additional recommendations
as the school implements the plan
described in clause (ii) to the local
educational agency and the State
educational agency concerning
additional assistance that is needed by
the school or the school support team.
[(C) Continuation of assistance.--After one
school year, from the beginning of the
activities, such school support team, in
consultation with the local educational agency,
may recommend that the school support team
continue to provide assistance to the school,
or that the local educational agency or the
State educational agency, as appropriate, take
alternative actions with regard to the school.
[(b) State Recognition.--
[(1) Academic achievement awards program.--
[(A) In general.--Each State receiving a
grant under this part--
[(i) shall establish a program for
making academic achievement awards to
recognize schools that meet the
criteria described in subparagraph (B);
and
[(ii) as appropriate and as funds are
available under subsection (c)(2)(A),
may financially reward schools served
under this part that meet the criteria
described in clause (ii).
[(B) Criteria.--The criteria referred to in
subparagraph (A) are that a school--
[(i) significantly closed the
achievement gap between the groups of
students described in section
1111(b)(2); or
[(ii) exceeded their adequate yearly
progress, consistent with section
1111(b)(2), for 2 or more consecutive
years.
[(2) Distinguished schools.--Of those schools meeting
the criteria described in paragraph (2), each State
shall designate as distinguished schools those schools
that have made the greatest gains in closing the
achievement gap as described in subparagraph (B)(i) or
exceeding adequate yearly progress as described in
subparagraph (B)(ii). Such distinguished schools may
serve as models for and provide support to other
schools, especially schools identified for improvement
under section 1116, to assist such schools in meeting
the State's academic content standards and student
academic achievement standards.
[(3) Awards to teachers.--A State program under
paragraph (1) may also recognize and provide financial
awards to teachers teaching in a school described in
such paragraph that consistently makes significant
gains in academic achievement in the areas in which the
teacher provides instruction, or to teachers or
principals designated as distinguished under subsection
(a)(4)(A)(iii).
[(c) Funding.--
[(1) In general.--Each State--
[(A) shall use funds reserved under section
1003(a) and may use funds made available under
section 1003(g) for the approaches described
under subsection (a)(4)(A); and
[(B) shall use State administrative funds
authorized under section 1004(a) to establish
the statewide system of support described under
subsection (a).
[(2) Reservations of funds by state.--
[(A) Awards program.--For the purpose of
carrying out subsection (b)(1), each State
receiving a grant under this part may reserve,
from the amount (if any) by which the funds
received by the State under subpart 2 for a
fiscal year exceed the amount received by the
State under that subpart for the preceding
fiscal year, not more than 5 percent of such
excess amount.
[(B) Teacher awards.--For the purpose of
carrying out subsection (b)(3), a State
educational agency may reserve such funds as
necessary from funds made available under
section 2113.
[(3) Use within 3 years.--Notwithstanding any other
provision of law, the amount reserved under
subparagraph (A) by a State for each fiscal year shall
remain available to the State until expended for a
period not exceeding 3 years receipt of funds.
[(4) Special allocation rule for schools in high-
poverty areas.--
[(A) In general.--Each State shall distribute
not less than 75 percent of any amount reserved
under paragraph (2)(A) for each fiscal year to
schools described in subparagraph (B), or to
teachers in those schools consistent with
subsection (b)(3).
[(B) School described.--A school described in
subparagraph (A) is a school whose student
population is in the highest quartile of
schools statewide in terms of the percentage of
children from low income families.]
SEC. 1118. PARENTAL INVOLVEMENT.
(a) Local Educational Agency Policy.--
(1) In general.--A local educational agency may
receive funds under this [part] subpart only if such
agency implements programs, activities, and procedures
for the involvement of parents in programs assisted
under this [part] subpart consistent with this section.
Such programs, activities, and procedures shall be
planned and implemented with meaningful consultation
with parents of participating children.
(2) Written policy.--Each local educational agency
that receives funds under this [part] subpart shall
develop jointly with, agree on with, and distribute to,
parents of participating children a written parent
involvement policy. The policy shall be incorporated
into the local educational agency's plan developed
under section 1112, establish the agency's expectations
for parent involvement, and describe how the agency
will--
(A) involve parents in the joint development
of the plan under section 1112[, and the
process of school review and improvement under
section 1116];
* * * * * * *
(D) coordinate and integrate parental
involvement strategies under this [part]
subpart with parental involvement strategies
under other programs[, such as the Head Start
program, Reading First program, Early Reading
First program, Even Start program, Parents as
Teachers program, and Home Instruction Program
for Preschool Youngsters, and State-run
preschool programs];
(E) conduct, with the involvement of parents,
an annual evaluation of the content and
effectiveness of the parental involvement
policy in improving the academic quality of the
schools served under this [part] subpart,
including identifying barriers to greater
participation by parents in activities
authorized by this section (with particular
attention to parents who are economically
disadvantaged, are disabled, have limited
English proficiency, have limited literacy, or
are of any racial or ethnic minority
background), and use the findings of such
evaluation to design strategies for more
effective parental involvement, and to revise,
if necessary, the parental involvement policies
described in this section; and
(F) involve parents in the activities of the
schools served under this [part] subpart.
(3) Reservation.--
(A) In general.--Each local educational
agency shall reserve not less than 1 percent of
such agency's allocation under [subpart 2 of
this part] chapter B of this subpart to carry
out this section, including promoting family
literacy and parenting skills, except that this
paragraph shall not apply if 1 percent of such
agency's allocation under [subpart 2 of this
part] chapter B of this subpart for the fiscal
year for which the determination is made is
$5,000 or less.
(B) Parental input.--Parents of children
receiving services under this [part] subpart
shall be involved in the decisions regarding
how funds reserved under subparagraph (A) are
allotted for parental involvement activities.
(C) Distribution of funds.--Not less than 95
percent of the funds reserved under
subparagraph (A) shall be distributed to
schools served under this [part] subpart.
(b) School Parental Involvement Policy.--
(1) In general.--Each school served under this [part]
subpart shall jointly develop with, and distribute to,
parents of participating children a written parental
involvement policy, agreed on by such parents, that
shall describe the means for carrying out the
requirements of subsections (c) through (f). Parents
shall be notified of the policy in an understandable
and uniform format and, to the extent practicable,
provided in a language the parents can understand. Such
policy shall be made available to the local community
and updated periodically to meet the changing needs of
parents and the school.
* * * * * * *
(c) Policy Involvement.--Each school served under this [part]
subpart shall--
(1) convene an annual meeting, at a convenient time,
to which all parents of participating children shall be
invited and encouraged to attend, to inform parents of
their school's participation under this [part] subpart
and to explain the requirements of this [part] subpart,
and the right of the parents to be involved;
(2) offer a flexible number of meetings, such as
meetings in the morning or evening, and may provide,
with funds provided under this [part] subpart,
transportation, child care, or home visits, as such
services relate to parental involvement;
(3) involve parents, in an organized, ongoing, and
timely way, in the planning, review, and improvement of
programs under this [part] subpart, including the
planning, review, and improvement of the school
parental involvement policy and the joint development
of the schoolwide program plan under section
1114(b)(2), except that if a school has in place a
process for involving parents in the joint planning and
design of the school's programs, the school may use
that process, if such process includes an adequate
representation of parents of participating children;
(4) provide parents of participating children--
(A) timely information about programs under
this [part] subpart;
[(B) a description and explanation of the
curriculum in use at the school, the forms of
academic assessment used to measure student
progress, and the proficiency levels students
are expected to meet; and]
(B) a description and explanation of the
curriculum in use at the school and the forms
of academic assessment used to measure student
progress; and
(d) Shared Responsibilities for High Student Academic
Achievement.--As a component of the school-level parental
involvement policy developed under subsection (b), each school
served under this [part] subpart shall jointly develop with
parents for all children served under this [part] subpart a
school-parent compact that outlines how parents, the entire
school staff, and students will share the responsibility for
improved student academic achievement and the means by which
the school and parents will build and develop a partnership to
help children achieve the State's high standards. Such compact
shall--
(1) describe the school's responsibility to provide
high-quality curriculum and instruction in a supportive
and effective learning environment that enables the
children served under this [part] subpart to meet the
State's [student academic achievement] academic
standards, and the ways in which each parent will be
responsible for supporting their children's learning,
such as monitoring attendance, homework completion, and
television watching; volunteering in their child's
classroom; and participating, as appropriate, in
decisions relating to the education of their children
and positive use of extracurricular time; and
* * * * * * *
(e) Building Capacity for Involvement.--To ensure effective
involvement of parents and to support a partnership among the
school involved, parents, and the community to improve student
academic achievement, each school and local educational agency
assisted under this [part] subpart--
(1) shall provide assistance to parents of children
served by the school or local educational agency, as
appropriate, in understanding such topics as the
[State's academic content standards and State student
academic achievement standards] State's academic
standards, State and local academic assessments, the
requirements of this [part] subpart, and how to monitor
a child's progress and work with educators to improve
the achievement of their children;
* * * * * * *
(3) shall educate teachers, [pupil services
personnel,] specialized instructional support
personnel, [principals,] school leaders, and other
staff, with the assistance of parents, in the value and
utility of contributions of parents, and in how to
reach out to, communicate with, and work with parents
as equal partners, implement and coordinate parent
programs, and build ties between parents and the
school;
(4) shall, to the extent feasible and appropriate,
coordinate and integrate parent involvement programs
and activities with [Head Start, Reading First, Early
Reading First, Even Start, the Home Instruction
Programs for Preschool Youngsters, the Parents as
Teachers Program, and public preschool and other] other
Federal, State, and local programs, and conduct other
activities, such as parent resource centers, that
encourage and support parents in more fully
participating in the education of their children;
* * * * * * *
(7) may provide necessary literacy training from
funds received under this [part] subpart if the local
educational agency has exhausted all other reasonably
available sources of funding for such training;
* * * * * * *
(f) Accessibility.--In carrying out the parental involvement
requirements of this [part] subpart, local educational agencies
and schools, to the extent practicable, shall provide full
opportunities for the participation of parents with limited
English proficiency, parents with disabilities, and parents of
migratory children, including providing information and school
reports required under section 1111 in a format and, to the
extent practicable, in a language such parents understand.
[(g) Information From Parental Information and Resource
Centers.--In a State where a parental information and resource
center is established to provide training, information, and
support to parents and individuals who work with local parents,
local educational agencies, and schools receiving assistance
under this part, each local educational agency or school that
receives assistance under this part and is located in the State
shall assist parents and parental organizations by informing
such parents and organizations of the existence and purpose of
such centers.]
(g) Family Engagement in Education Programs.--In a State
operating a program under subpart 3 of part A of title III,
each local educational agency or school that receives
assistance under this subpart shall inform such parents and
organizations of the existence of such programs.
* * * * * * *
[SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.
[(a) Teacher Qualifications and Measurable Objectives.--
[(1) In general.--Beginning with the first day of the
first school year after the date of enactment of the No
Child Left Behind Act of 2001, each local educational
agency receiving assistance under this part shall
ensure that all teachers hired after such day and
teaching in a program supported with funds under this
part are highly qualified.
[(2) State plan.--As part of the plan described in
section 1111, each State educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching in core academic
subjects within the State are highly qualified not
later than the end of the 2005-2006 school year. Such
plan shall establish annual measurable objectives for
each local educational agency and school that, at a
minimum--
[(A) shall include an annual increase in the
percentage of highly qualified teachers at each
local educational agency and school, to ensure
that all teachers teaching in core academic
subjects in each public elementary school and
secondary school are highly qualified not later
than the end of the 2005-2006 school year;
[(B) shall include an annual increase in the
percentage of teachers who are receiving high-
quality professional development to enable such
teachers to become highly qualified and
successful classroom teachers; and
[(C) may include such other measures as the
State educational agency determines to be
appropriate to increase teacher qualifications.
[(3) Local plan.--As part of the plan described in
section 1112, each local educational agency receiving
assistance under this part shall develop a plan to
ensure that all teachers teaching within the school
district served by the local educational agency are
highly qualified not later than the end of the 2005-
2006 school year.
[(b) Reports.--
[(1) Annual state and local reports.--
[(A) Local reports.--Each State educational
agency described in subsection (a)(2) shall
require each local educational agency receiving
funds under this part to publicly report, each
year, beginning with the 2002-2003 school year,
the annual progress of the local educational
agency as a whole and of each of the schools
served by the agency, in meeting the measurable
objectives described in subsection (a)(2).
[(B) State reports.--Each State educational
agency receiving assistance under this part
shall prepare and submit each year, beginning
with the 2002-2003 school year, a report to the
Secretary, describing the State educational
agency's progress in meeting the measurable
objectives described in subsection (a)(2).
[(C) Information from other reports.--A State
educational agency or local educational agency
may submit information from the reports
described in section 1111(h) for the purposes
of this subsection, if such report is modified,
as may be necessary, to contain the information
required by this subsection, and may submit
such information as a part of the reports
required under section 1111(h).
[(2) Annual reports by the secretary.--Each year,
beginning with the 2002-2003 school year, the Secretary
shall publicly report the annual progress of State
educational agencies, local educational agencies, and
schools, in meeting the measurable objectives described
in subsection (a)(2).
[(c) New Paraprofessionals.--
[(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
all paraprofessionals hired after the date of enactment
of the No Child Left Behind Act of 2001 and working in
a program supported with funds under this part shall
have--
[(A) completed at least 2 years of study at
an institution of higher education;
[(B) obtained an associate's (or higher)
degree; or
[(C) met a rigorous standard of quality and
can demonstrate, through a formal State or
local academic assessment--
[(i) knowledge of, and the ability to
assist in instructing, reading,
writing, and mathematics; or
[(ii) knowledge of, and the ability
to assist in instructing, reading
readiness, writing readiness, and
mathematics readiness, as appropriate.
[(2) Clarification.--The receipt of a secondary
school diploma (or its recognized equivalent) shall be
necessary but not sufficient to satisfy the
requirements of paragraph (1)(C).
[(d) Existing Paraprofessionals.--Each local educational
agency receiving assistance under this part shall ensure that
all paraprofessionals hired before the date of enactment of the
No Child Left Behind Act of 2001, and working in a program
supported with funds under this part shall, not later than 4
years after the date of enactment satisfy the requirements of
subsection (c).
[(e) Exceptions for Translation and Parental Involvement
Activities.--Subsections (c) and (d) shall not apply to a
paraprofessional--
[(1) who is proficient in English and a language
other than English and who provides services primarily
to enhance the participation of children in programs
under this part by acting as a translator; or
[(2) whose duties consist solely of conducting
parental involvement activities consistent with section
1118.
[(f) General Requirement for All Paraprofessionals.--Each
local educational agency receiving assistance under this part
shall ensure that all paraprofessionals working in a program
supported with funds under this part, regardless of the
paraprofessionals' hiring date, have earned a secondary school
diploma or its recognized equivalent.
[(g) Duties of Paraprofessionals.--
[(1) In general.--Each local educational agency
receiving assistance under this part shall ensure that
a paraprofessional working in a program supported with
funds under this part is not assigned a duty
inconsistent with this subsection.
[(2) Responsibilities paraprofessionals may be
assigned.--A paraprofessional described in paragraph
(1) may be assigned--
[(A) to provide one-on-one tutoring for
eligible students, if the tutoring is scheduled
at a time when a student would not otherwise
receive instruction from a teacher;
[(B) to assist with classroom management,
such as organizing instructional and other
materials;
[(C) to provide assistance in a computer
laboratory;
[(D) to conduct parental involvement
activities;
[(E) to provide support in a library or media
center;
[(F) to act as a translator; or
[(G) to provide instructional services to
students in accordance with paragraph (3).
[(3) Additional limitations.--A paraprofessional
described in paragraph (1)--
[(A) may not provide any instructional
service to a student unless the
paraprofessional is working under the direct
supervision of a teacher consistent with
section 1119; and
[(B) may assume limited duties that are
assigned to similar personnel who are not
working in a program supported with funds under
this part, including duties beyond classroom
instruction or that do not benefit
participating children, so long as the amount
of time spent on such duties is the same
proportion of total work time as prevails with
respect to similar personnel at the same
school.
[(h) Use of Funds.--A local educational agency receiving
funds under this part may use such funds to support ongoing
training and professional development to assist teachers and
paraprofessionals in satisfying the requirements of this
section.
[(i) Verification of Compliance.--
[(1) In general.--In verifying compliance with this
section, each local educational agency, at a minimum,
shall require that the principal of each school
operating a program under section 1114 or 1115 attest
annually in writing as to whether such school is in
compliance with the requirements of this section.
[(2) Availability of information.--Copies of
attestations under paragraph (1)--
[(A) shall be maintained at each school
operating a program under section 1114 or 1115
and at the main office of the local educational
agency; and
[(B) shall be available to any member of the
general public on request.
[(j) Combinations of Funds.--Funds provided under this part
that are used for professional development purposes may be
combined with funds provided under title II of this Act, other
Acts, and other sources.
[(k) Special Rule.--Except as provided in subsection (l), no
State educational agency shall require a school or a local
educational agency to expend a specific amount of funds for
professional development activities under this part, except
that this paragraph shall not apply with respect to
requirements under section 1116(c)(3).
[(l) Minimum Expenditures.--Each local educational agency
that receives funds under this part shall use not less than 5
percent, or more than 10 percent, of such funds for each of
fiscal years 2002 and 2003, and not less than 5 percent of the
funds for each subsequent fiscal year, for professional
development activities to ensure that teachers who are not
highly qualified become highly qualified not later than the end
of the 2005-2006 school year.
[SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) General Requirement.--
[(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in the school district served by a local
educational agency who are enrolled in private
elementary schools and secondary schools, a local
educational agency shall, after timely and meaningful
consultation with appropriate private school officials,
provide such children, on an equitable basis, special
educational services or other benefits under this part
(such as dual enrollment, educational radio and
television, computer equipment and materials, other
technology, and mobile educational services and
equipment) that address their needs, and shall ensure
that teachers and families of the children participate,
on an equitable basis, in services and activities
developed pursuant to sections 1118 and 1119.
[(2) Secular, neutral, nonideological.--Such
educational services or other benefits, including
materials and equipment, shall be secular, neutral, and
nonideological.
[(3) Equity.--Educational services and other benefits
for such private school children shall be equitable in
comparison to services and other benefits for public
school children participating under this part, and
shall be provided in a timely manner.
[(4) Expenditures.--Expenditures for educational
services and other benefits to eligible private school
children shall be equal to the proportion of funds
allocated to participating school attendance areas
based on the number of children from low-income
families who attend private schools, which the local
educational agency may determine each year or every 2
years.
[(5) Provision of services.--The local educational
agency may provide services under this section directly
or through contracts with public and private agencies,
organizations, and institutions.
[(b) Consultation.--
[(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult
with appropriate private school officials during the
design and development of such agency's programs under
this part, on issues such as--
[(A) how the children's needs will be
identified;
[(B) what services will be offered;
[(C) how, where, and by whom the services
will be provided;
[(D) how the services will be academically
assessed and how the results of that assessment
will be used to improve those services;
[(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and the proportion of funds
that is allocated under subsection (a)(4) for
such services;
[(F) the method or sources of data that are
used under subsection (c) and section
1113(c)(1) to determine the number of children
from low-income families in participating
school attendance areas who attend private
schools;
[(G) how and when the agency will make
decisions about the delivery of services to
such children, including a thorough
consideration and analysis of the views of the
private school officials on the provision of
services through a contract with potential
third-party providers; and
[(H) how, if the agency disagrees with the
views of the private school officials on the
provision of services through a contract, the
local educational agency will provide in
writing to such private school officials an
analysis of the reasons why the local
educational agency has chosen not to use a
contractor.
[(2) Timing.--Such consultation shall include
meetings of agency and private school officials and
shall occur before the local educational agency makes
any decision that affects the opportunities of eligible
private school children to participate in programs
under this part. Such meetings shall continue
throughout implementation and assessment of services
provided under this section.
[(3) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local
educational agency can use to provide equitable
services to eligible private school children.
[(4) Documentation.--Each local educational agency
shall maintain in the agency's records and provide to
the State educational agency involved a written
affirmation signed by officials of each participating
private school that the consultation required by this
section has occurred. If such officials do not provide
such affirmation within a reasonable period of time,
the local educational agency shall forward the
documentation that such consultation has taken place to
the State educational agency.
[(5) Compliance.--
[(A) In general.--A private school official
shall have the right to complain to the State
educational agency that the local educational
agency did not engage in consultation that was
meaningful and timely, or did not give due
consideration to the views of the private
school official.
[(B) Procedure.--If the private school
official wishes to complain, the official shall
provide the basis of the noncompliance with
this section by the local educational agency to
the State educational agency, and the local
educational agency shall forward the
appropriate documentation to the State
educational agency.
[(c) Allocation for Equitable Service to Private School
Students.--
[(1) Calculation.--A local educational agency shall
have the final authority, consistent with this section,
to calculate the number of children, ages 5 through 17,
who are from low-income families and attend private
schools by--
[(A) using the same measure of low income
used to count public school children;
[(B) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students, and
allowing such survey results to be extrapolated
if complete actual data are unavailable;
[(C) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that school attendance area; or
[(D) using an equated measure of low income
correlated with the measure of low income used
to count public school children.
[(2) Complaint process.--Any dispute regarding low-
income data for private school students shall be
subject to the complaint process authorized in section
9505.
[(d) Public Control of Funds.--
[(1) In general.--The control of funds provided under
this part, and title to materials, equipment, and
property purchased with such funds, shall be in a
public agency, and a public agency shall administer
such funds, materials, equipment, and property.
[(2) Provision of services.--
[(A) Provider.--The provision of services
under this section shall be provided--
[(i) by employees of a public agency;
or
[(ii) through contract by such public
agency with an individual, association,
agency, or organization.
[(B) Requirement.--In the provision of such
services, such employee, individual,
association, agency, or organization shall be
independent of such private school and of any
religious organization, and such employment or
contract shall be under the control and
supervision of such public agency.
[(e) Standards for a Bypass.--If a local educational agency
is prohibited by law from providing for the participation in
programs on an equitable basis of eligible children enrolled in
private elementary schools and secondary schools, or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling, to provide for such
participation, as required by this section, the Secretary
shall--
[(1) waive the requirements of this section for such
local educational agency;
[(2) arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section and sections 9503 and
9504; and
[(3) in making the determination under this
subsection, consider one or more factors, including the
quality, size, scope, and location of the program and
the opportunity of eligible children to participate.]
SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
(a) General Requirement.--
(1) In general.--To the extent consistent with the
number of eligible children identified under section
1115(b) in the school district served by a local
educational agency who are enrolled in private
elementary schools and secondary schools, a local
educational agency shall--
(A) after timely and meaningful consultation
with appropriate private school officials or
representatives, provide such service, on an
equitable basis and individually or in
combination, as requested by the officials or
representatives to best meet the needs of such
children, special educational services,
instructional services, counseling, mentoring,
one-on-one tutoring, or other benefits under
this subpart (such as dual enrollment,
educational radio and television, computer
equipment and materials, other technology, and
mobile educational services and equipment) that
address their needs; and
(B) ensure that teachers and families of the
children participate, on an equitable basis, in
services and activities developed pursuant to
this subpart.
(2) Secular, neutral, nonideological.--Such
educational services or other benefits, including
materials and equipment, shall be secular, neutral, and
nonideological.
(3) Equity.--
(A) In general.--Educational services and
other benefits for such private school children
shall be equitable in comparison to services
and other benefits for public school children
participating under this subpart, and shall be
provided in a timely manner.
(B) Ombudsman.--To help ensure such equity
for such private school children, teachers, and
other educational personnel, the State
educational agency involved shall designate an
ombudsman to monitor and enforce the
requirements of this subpart.
(4) Expenditures.--
(A) In general.--Expenditures for educational
services and other benefits to eligible private
school children shall be equal to the
expenditures for participating public school
children, taking into account the number, and
educational needs, of the children to be
served.
(B) Obligation of funds.--Funds allocated to
a local educational agency for educational
services and other benefits to eligible private
school children shall--
(i) be obligated in the fiscal year
for which the funds are received by the
agency; and
(ii) with respect to any such funds
that cannot be so obligated, be used to
serve such children in the following
fiscal year.
(5) Provision of services.--The local educational
agency or, in a case described in subsection (b)(6)(C),
the State educational agency involved, may provide
services under this section directly or through
contracts with public or private agencies,
organizations, and institutions.
(b) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult
with appropriate private school officials or
representatives during the design and development of
such agency's programs under this subpart in order to
reach an agreement between the agency and the officials
or representatives about equitable and effective
programs for eligible private school children, the
results of which shall be transmitted to the designated
ombudsmen under section 1120(a)(3)(B). Such process
shall include consultation on issues such as--
(A) how the children's needs will be
identified;
(B) what services will be offered;
(C) how, where, and by whom the services will
be provided;
(D) how the services will be academically
assessed and how the results of that assessment
will be used to improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, and the proportion of funds
that is allocated under subsection (a)(4) for
such services, how that proportion of funds is
determined under such subsection, and an
itemization of the costs of the services to be
provided;
(F) the method or sources of data that are
used under subsection (c) and section
1113(c)(1) to determine the number of children
from low-income families in participating
school attendance areas who attend private
schools;
(G) how and when the agency will make
decisions about the delivery of services to
such children, including a thorough
consideration and analysis of the views of the
private school officials or representatives on
the provision of services through a contract
with potential third-party providers;
(H) how, if the agency disagrees with the
views of the private school officials or
representatives on the provision of services
through a contract, the local educational
agency will provide in writing to such private
school officials an analysis of the reasons why
the local educational agency has chosen not to
use a contractor;
(I) whether the agency will provide services
under this section directly or through
contracts with public and private agencies,
organizations, and institutions;
(J) whether to provide equitable services to
eligible private school children--
(i) by creating a pool or pools of
funds with all of the funds allocated
under paragraph (4) based on all the
children from low-income families who
attend private schools in a
participating school attendance area of
the agency from which the local
educational agency will provide such
services to all such children; or
(ii) by providing such services to
eligible children in each private
school in the agency's participating
school attendance area with the
proportion of funds allocated under
paragraph (4) based on the number of
children from low-income families who
attend such school; and
(K) whether to consolidate and use funds
under this subpart to provide schoolwide
programs for a private school.
(2) Disagreement.--If a local educational agency
disagrees with the views of private school officials or
representatives with respect to an issue described in
paragraph (1), the local educational agency shall
provide in writing to such private school officials an
analysis of the reasons why the local educational
agency has chosen not to adopt the course of action
requested by such officials.
(3) Timing.--Such consultation shall include meetings
of agency and private school officials or
representatives and shall occur before the local
educational agency makes any decision that affects the
opportunities of eligible private school children to
participate in programs under this subpart. Such
meetings shall continue throughout implementation and
assessment of services provided under this section.
(4) Discussion.--Such consultation shall include a
discussion of service delivery mechanisms a local
educational agency can use to provide equitable
services to eligible private school children.
(5) Documentation.--Each local educational agency
shall maintain in the agency's records and provide to
the State educational agency involved a written
affirmation signed by officials or representatives of
each participating private school that the meaningful
consultation required by this section has occurred. The
written affirmation shall provide the option for
private school officials or representatives to indicate
that timely and meaningful consultation has not
occurred or that the program design is not equitable
with respect to eligible private school children. If
such officials or representatives do not provide such
affirmation within a reasonable period of time, the
local educational agency shall forward the
documentation that such consultation has, or attempts
at such consultation have, taken place to the State
educational agency.
(6) Compliance.--
(A) In general.--A private school official
shall have the right to file a complaint with
the State educational agency that the local
educational agency did not engage in
consultation that was meaningful and timely,
did not give due consideration to the views of
the private school official, or did not treat
the private school or its students equitably as
required by this section.
(B) Procedure.--If the private school
official wishes to file a complaint, the
official shall provide the basis of the
noncompliance with this section by the local
educational agency to the State educational
agency, and the local educational agency shall
forward the appropriate documentation to the
State educational agency.
(C) State educational agencies.--A State
educational agency shall provide services under
this section directly or through contracts with
public or private agencies, organizations, and
institutions, if--
(i) the appropriate private school
officials or their representatives
have--
(I) requested that the State
educational agency provide such
services directly; and
(II) demonstrated that the
local educational agency
involved has not met the
requirements of this section;
or
(ii) in a case in which--
(I) a local educational
agency has more than 10,000
children from low-income
families who attend private
elementary schools or secondary
schools in a participating
school attendance area of the
agency that are not being
served by the agency's program
under this section; or
(II) 90 percent of the
eligible private school
students in a participating
school attendance area of the
agency are not being served by
the agency's program under this
section.
(c) Allocation for Equitable Service to Private School
Students.--
(1) Calculation.--A local educational agency shall
have the final authority, consistent with this section,
to calculate the number of children, ages 5 through 17,
who are from low-income families and attend private
schools by--
(A) using the same measure of low income used
to count public school children;
(B) using the results of a survey that, to
the extent possible, protects the identity of
families of private school students, and
allowing such survey results to be extrapolated
if complete actual data are unavailable;
(C) applying the low-income percentage of
each participating public school attendance
area, determined pursuant to this section, to
the number of private school children who
reside in that school attendance area; or
(D) using an equated measure of low income
correlated with the measure of low income used
to count public school children.
(2) Complaint process.--Any dispute regarding low-
income data for private school students shall be
subject to the complaint process authorized in section
5503.
(d) Public Control of Funds.--
(1) In general.--The control of funds provided under
this subpart, and title to materials, equipment, and
property purchased with such funds, shall be in a
public agency, and a public agency shall administer
such funds, materials, equipment, and property.
(2) Provision of services.--
(A) Provider.--The provision of services
under this section shall be provided--
(i) by employees of a public agency;
or
(ii) through a contract by such
public agency with an individual,
association, agency, or organization.
(B) Requirement.--In the provision of such
services, such employee, individual,
association, agency, or organization shall be
independent of such private school and of any
religious organization, and such employment or
contract shall be under the control and
supervision of such public agency.
(e) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation in
programs on an equitable basis of eligible children enrolled in
private elementary schools and secondary schools, or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
(1) waive the requirements of this section for such
local educational agency;
(2) arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section and sections 5503 and
5504; and
(3) in making the determination under this
subsection, consider one or more factors, including the
quality, size, scope, and location of the program and
the opportunity of eligible children to participate.
SEC. 1120A. FISCAL REQUIREMENTS.
[(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the
State educational agency involved finds that the local
educational agency has maintained the agency's fiscal effort in
accordance with section 9521.]
[(b)] (a) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--
(1) In general.--A State educational agency or local
educational agency shall use Federal funds received
under this [part] subpart only to supplement the funds
that would, in the absence of such Federal funds, be
made available from non-Federal sources for the
education of pupils participating in programs assisted
under this [part] subpart, and not to supplant such
funds.
(2) Special rule.--No local educational agency shall
be required to provide services under this [part]
subpart through a particular instructional method or in
a particular instructional setting in order to
demonstrate such agency's compliance with paragraph
(1).
[(c)] (b) Comparability of Services.--
(1) In general.--
(A) Comparable services.--Except as provided
in paragraphs (4) and (5), a local educational
agency may receive funds under this [part]
subpart only if State and local funds will be
used in schools served under this [part]
subpart to provide services that, taken as a
whole, are at least comparable to services in
schools that are not receiving funds under this
[part] subpart.
(B) Substantially comparable services.--If
the local educational agency is serving all of
such agency's schools under this [part]
subpart, such agency may receive funds under
this [part] subpart only if such agency will
use State and local funds to provide services
that, taken as a whole, are substantially
comparable in each school.
* * * * * * *
(3) Procedures and records.--Each local educational
agency assisted under this [part] subpart shall--
(A) * * *
* * * * * * *
[(d)] (c) Exclusion of Funds.--For the purpose of complying
with subsections (b) and (c), a State educational agency or
local educational agency may exclude supplemental State or
local funds expended in any school attendance area or school
for programs that meet the intent and purposes of this [part]
subpart.
SEC. 1120B. COORDINATION REQUIREMENTS.
(a) In General.--Each local educational agency receiving
assistance under this [part] subpart shall carry out the
activities described in subsection (b) with Head Start agencies
and, if feasible, other entities carrying out early childhood
development programs [such as the Early Reading First program].
(b) Activities.--The activities referred to in subsection (a)
are activities that increase coordination between the local
educational agency and a Head Start agency and, if feasible,
other entities carrying out early childhood development
programs[, such as the Early Reading First program,] serving
children who will attend the schools of the local educational
agency, including--
(1) developing and implementing a systematic
procedure for receiving records regarding such
children, transferred with parental consent from a Head
Start program or, where applicable, another early
childhood development program [such as the Early
Reading First program];
(2) establishing channels of communication between
school staff and their counterparts (including
teachers, social workers, and health staff) in such
Head Start agencies or other entities carrying out
early childhood development programs [such as the Early
Reading First program], as appropriate, to facilitate
coordination of programs;
(3) conducting meetings involving parents,
kindergarten or elementary school teachers, and Head
Start teachers or, if appropriate, teachers from other
early childhood development programs [such as the Early
Reading First program], to discuss the developmental
and other needs of individual children;
(4) organizing and participating in joint transition-
related training of school staff, Head Start program
staff, [Early Reading First program staff,] and, where
appropriate, other early childhood development program
staff; and
(5) linking the educational services provided by such
local educational agency with the services provided by
local Head Start agencies [and entities carrying out
Early Reading First programs].
(c) Coordination of Regulations.--The Secretary shall work
with the Secretary of Health and Human Services to coordinate
regulations promulgated under this [part] subpart with
regulations promulgated under the Head Start Act.
[Subpart 2--Allocations]
CHAPTER B--ALLOCATIONS
SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
(a) Reservation of Funds.--From the amount [appropriated for
payments to States for any fiscal year under section 1002(a)
and 1125A(f)] reserved for this chapter under section 1122(a),
the Secretary shall reserve a total of 1 percent to provide
assistance to--
(1) * * *
* * * * * * *
(b) Assistance to Outlying Areas.--
(1) * * *
(2) Competitive grants.--Until each appropriate
outlying area enters into an agreement for extension of
United States educational assistance under the Compact
of Free Association after the date of enactment of [the
No Child Left Behind Act of 2001] the Student Success
Act, the Secretary shall carry out the competition
described in paragraph (3), except that the amount
reserved to carry out such competition shall not exceed
$5,000,000.
(3) Limitation for competitive grants.--
(A) * * *
(B) Award basis.--The Secretary shall award
grants under subparagraph (A) on a competitive
[basis, taking into consideration the
recommendations of the Pacific Region
Educational Laboratory in Honolulu, Hawaii.]
basis.
(C) Uses.--Except as provided in subparagraph
(D), grant funds awarded under this paragraph
may be used only--
(i) * * *
(ii) to provide direct educational
services that assist all students with
meeting [challenging State academic
content standards] State academic
standards.
[(D) Administrative costs.--The Secretary may
provide not more than 5 percent of the amount
reserved for grants under this paragraph to pay
the administrative costs of the Pacific Region
Educational Laboratory under subparagraph (B).]
* * * * * * *
(d) Allotment to the Secretary of the Interior.--
(1) * * *
(2) Payments.--From the amount allotted for payments
to the Secretary of the Interior under subsection
(a)(2), the Secretary of the Interior shall make
payments to local educational agencies, on such terms
as the Secretary determines will best carry out the
purposes of this [part] subpart, with respect to out-
of-State Indian children described in paragraph (1).
The amount of such payment may not exceed, for each
such child, the greater of--
(A) * * *
* * * * * * *
SEC. 1122. ALLOCATIONS TO STATES.
[(a) Allocation Formula.--Of the amount appropriated under
section 1002(a) to carry out this part for each of fiscal years
2002-2007 (referred to in this subsection as the current fiscal
year)--
[(1) an amount equal to the amount made available to
carry out section 1124 for fiscal year 2001 shall be
allocated in accordance with section 1124;
[(2) an amount equal to the amount made available to
carry out section 1124A for fiscal year 2001 shall be
allocated in accordance with section 1124A; and
[(3) an amount equal to 100 percent of the amount, if
any, by which the amount made available to carry out
sections 1124, 1124A, and 1125 for the current fiscal
year for which the determination is made exceeds the
amount available to carry out sections 1124 and 1124A
for fiscal year 2001 shall be allocated in accordance
with section 1125.]
(a) Reservation.--
(1) In general.--From the amounts appropriated under
section 3(a)(1), the Secretary shall reserve 91 percent
of such amounts to carry out this chapter.
(2) Allocation formula.--Of the amount reserved under
paragraph (1) for each of fiscal years 2013 to 2018
(referred to in this subsection as the current fiscal
year)--
(A) an amount equal to the amount made
available to carry out section 1124 for fiscal
year 2001 shall be used to carry out section
1124;
(B) an amount equal to the amount made
available to carry out section 1124A for fiscal
year 2001 shall be used to carry out section
1124A; and
(C) an amount equal to 100 percent of the
amount, if any, by which the total amount made
available to carry out this chapter for the
fiscal year for which the determination is made
exceeds the total amount available to carry out
sections 1124 and 1124A for fiscal year 2001
shall be used to carry out section 1125 and
1125A and such amount shall be divided equally
between section 1125 and section 1125A.
(b) Adjustments Where Necessitated by Appropriations.--
(1) In general.--If the sums available under this
[subpart] chapter for any fiscal year are insufficient
to pay the full amounts that all local educational
agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the
Secretary shall ratably reduce the allocations to such
local educational agencies, subject to subsections (c)
and (d) of this section.
* * * * * * *
(c) Hold-Harmless Amounts.--
(1) * * *
* * * * * * *
(3) 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]
subpart.
* * * * * * *
(d) Ratable Reductions.--
(1) In general.--If the sums made available under
this [subpart] chapter for any fiscal year are
insufficient to pay the full amounts that local
educational agencies in all States are eligible to
receive under subsection (c) for such year, the
Secretary shall ratably reduce such amounts for such
year.
* * * * * * *
SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
(a) Amount of Grants.--
(1) * * *
* * * * * * *
(3) Allocations to counties.--
(A) * * *
(B) Direct allocations.--In any State in
which a large number of local educational
agencies overlap county boundaries, or for
which the State believes it has data that would
better target funds than allocating them by
county, the State educational agency may apply
to the Secretary for authority to make the
allocations under this [subpart] chapter for a
particular fiscal year directly to local
educational agencies without regard to
counties.
(C) Allocations to local educational
agencies.--If the Secretary approves the State
educational agency's application under
subparagraph (B), the State educational agency
shall provide the Secretary an assurance that
such allocations shall be made--
(i) using precisely the same factors
for determining a grant as are used
under this [subpart] chapter; or
* * * * * * *
(4) Puerto rico.--
(A) * * *
* * * * * * *
(C) Limitation.--If the application of
subparagraph (B) would result in any of the 50
States or the District of Columbia receiving
less under this [subpart] chapter than it
received under this [subpart] chapter for the
preceding fiscal year, the percentage in
subparagraph (A) shall be the greater of--
(i) * * *
* * * * * * *
(c) Children To Be Counted.--
(1) Categories of children.--The number of children
to be counted for purposes of this section is the
aggregate of--
(A) * * *
(B) the number of children (determined under
paragraph (4) for either the preceding year as
described in that paragraph, or for the second
preceding year, as the Secretary finds
appropriate) aged 5 to 17, inclusive, in the
school district of such agency in institutions
for neglected and delinquent children (other
than such institutions operated by the United
States), but not counted pursuant to [subpart 1
of part D] chapter A of subpart 3 for the
purposes of a grant to a State agency, or being
supported in foster homes with public funds;
and
* * * * * * *
(2) Determination of number of children.--For the
purposes of this section, the Secretary shall determine
the number of children aged 5 to 17, inclusive, from
families below the poverty level on the basis of the
most recent satisfactory data, described in paragraph
(3), available from the Department of Commerce. The
District of Columbia and the Commonwealth of Puerto
Rico shall be treated as individual local educational
agencies. If a local educational agency contains two or
more counties in their entirety, then each county will
be treated as if such county were a separate local
educational agency for purposes of calculating grants
under this [part] subpart. The total of grants for such
counties shall be allocated to such a local educational
agency, which local educational agency shall distribute
to schools in each county within such agency a share of
the local educational agency's total grant that is no
less than the county's share of the population counts
used to calculate the local educational agency's grant.
* * * * * * *
[SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL
EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL
YEAR 2001.
[(a) Findings.--Congress makes the following findings:
[(1) The current Basic Grant Formula for the
distribution of funds under this part often does not
provide funds for the economically disadvantaged
students for which such funds are targeted.
[(2) Any school district in which more than 2 percent
of the students live below the poverty level qualifies
for funding under the Basic Grant Formula. As a result,
9 out of every 10 school districts in the country
receive some form of aid under the Formula.
[(3) Fifty-eight percent of all schools receive at
least some funding under this part, including many
suburban schools with predominantly well-off students.
[(4) One out of every 5 schools with concentrations
of poor students between 50 and 75 percent receive no
funding at all under this part.
[(5) In passing the Improving America's Schools Act
in 1994, Congress declared that grants under this part
would more sharply target high poverty schools by using
the Targeted Grant Formula, but annual appropriation
Acts have prevented the use of that Formula.
[(6) The advantage of the Targeted Grant Formula over
other funding formulas under this part is that the
Targeted Grant Formula provides increased grants per
poor child as the percentage of economically
disadvantaged children in a school district increases.
[(7) Studies have found that the poverty of a child's
family is much more likely to be associated with
educational disadvantage if the family lives in an area
with large concentrations of poor families.
[(8) States with large populations of high poverty
students would receive significantly more funding if
more funds under this part were allocated through the
Targeted Grant Formula.
[(9) Congress has an obligation to allocate funds
under this part so that such funds will positively
affect the largest number of economically disadvantaged
students.
[(b) Limitation on Allocation of Title I Funds Contingent on
Adequate Funding of Targeted Grants.--Pursuant to section 1122,
the total amount allocated in any fiscal year after fiscal year
2001 for programs and activities under this part shall not
exceed the amount allocated in fiscal year 2001 for such
programs and activities unless the amount available for
targeted grants to local educational agencies under section
1125 in the applicable fiscal year meets the requirements of
section 1122(a).]
SEC. 1125AA. ADEQUACY OF FUNDING OF TARGETED GRANTS TO LOCAL
EDUCATIONAL AGENCIES IN FISCAL YEARS AFTER FISCAL
YEAR 2001.
Pursuant to section 1122, the total amount allocated in any
fiscal year after fiscal year 2001 for programs and activities
under this subpart shall not exceed the amount allocated in
fiscal year 2001 for such programs and activities unless the
amount available for targeted grants to local educational
agencies under section 1125 in the applicable fiscal year meets
the requirements of section 1122(a).
SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.
[(a) Grants.--From funds appropriated under subsection (f)
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)] (a) Distribution Based Upon Fiscal Effort and Equity.--
(1) In general.--
(A) In general.--Except as provided in
subparagraph (B), funds [appropriated pursuant
to subsection (f)] made available for any
fiscal year to carry out this section shall be
allotted to each State based upon the number of
children counted under section 1124(c) in such
State multiplied by the product of--
(i) * * *
* * * * * * *
(B) State minimum.--Notwithstanding any other
provision of this section or section 1122, from
the total amount available for any fiscal year
to carry out this section, each State shall be
allotted at least the lesser of--
(i) 0.35 percent of [total
appropriations] the total amount
reserved under section 1122(a) to carry
out this section; or
* * * * * * *
[(c)] (b) 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. 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] subpart. A local
educational agency in a State is eligible to receive a targeted
grant under this section for any fiscal year if--
(A) * * *
* * * * * * *
[(d)] (c) Allocation of Funds to Eligible Local Educational
Agencies.--Funds received by States under this section shall be
allocated within States to eligible local educational agencies
on the basis of weighted child counts calculated in accordance
with paragraph (1), (2), or (3), as appropriate for each State.
(1) * * *
* * * * * * *
[(e) Maintenance of Effort.--
[(1) In general.--Except as provided in paragraph
(2), a State is entitled to receive its full allotment
of funds under this section for any fiscal year if the
Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures within the
State with respect to the provision of free public
education for the fiscal year preceding the fiscal year
for which the determination is made was not less than
90 percent of such combined fiscal effort or aggregate
expenditures for the second fiscal year preceding the
fiscal year for which the determination is made.
[(2) Reduction of funds.--The Secretary shall reduce
the amount of funds awarded to any State under this
section in any fiscal year in the exact proportion to
which the State fails to meet the requirements 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), and no
such lesser amount shall be used for computing the
effort required under paragraph (1) for subsequent
years.
[(3) Waivers.--The Secretary may waive, for 1 fiscal
year only, the requirements of this subsection if the
Secretary determines that such a waiver would be
equitable due to exceptional or uncontrollable
circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial
resources of the State.
[(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and for each of the 5
succeeding fiscal years.]
[(g)] (d) Adjustments Where Necessitated by Appropriations.--
(1) * * *
* * * * * * *
(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]
subpart.
* * * * * * *
SEC. 1127. CARRYOVER AND WAIVER.
(a) Limitation on Carryover.--Notwithstanding section 421(b)
of the General Education Provisions Act or any other provision
of law, not more than 15 percent of the funds allocated to a
local educational agency for any fiscal year under this
[subpart] chapter (but not including funds received through any
reallocation under this [subpart] chapter) may remain available
for obligation by such agency for one additional fiscal year.
(b) Waiver.--A State educational agency may, once every 3
years, waive the percentage limitation in subsection (a) if--
(1) * * *
(2) supplemental appropriations for this [subpart]
chapter become available.
(c) Exclusion.--The percentage limitation under subsection
(a) shall not apply to any local educational agency that
receives less than $50,000 under this [subpart] chapter for any
fiscal year.
[PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS
[Subpart 1--Reading First
[SEC. 1201. PURPOSES.
[The purposes of this subpart are as follows:
[(1) To provide assistance to State educational
agencies and local educational agencies in establishing
reading programs for students in kindergarten through
grade 3 that are based on scientifically based reading
research, to ensure that every student can read at
grade level or above not later than the end of grade 3.
[(2) To provide assistance to State educational
agencies and local educational agencies in preparing
teachers, including special education teachers, through
professional development and other support, so the
teachers can identify specific reading barriers facing
their students and so the teachers have the tools to
effectively help their students learn to read.
[(3) To provide assistance to State educational
agencies and local educational agencies in selecting or
administering screening, diagnostic, and classroom-
based instructional reading assessments.
[(4) To provide assistance to State educational
agencies and local educational agencies in selecting or
developing effective instructional materials (including
classroom-based materials to assist teachers in
implementing the essential components of reading
instruction), programs, learning systems, and
strategies to implement methods that have been proven
to prevent or remediate reading failure within a State.
[(5) To strengthen coordination among schools, early
literacy programs, and family literacy programs to
improve reading achievement for all children.
[SEC. 1202. FORMULA GRANTS TO STATE EDUCATIONAL AGENCIES.
[(a) In General.--
[(1) Authorization to make grants.--In the case of
each State educational agency that in accordance with
section 1203 submits to the Secretary an application
for a 6-year period, the Secretary, from amounts
appropriated under section 1002(b)(1) and subject to
the application's approval, shall make a grant to the
State educational agency for the uses specified in
subsections (c) and (d). For each fiscal year, the
funds provided under the grant shall equal the
allotment determined for the State educational agency
under subsection (b).
[(2) Duration of grants.--Subject to subsection
(e)(3), a grant under this section shall be awarded for
a period of not more than 6 years.
[(b) Determination of Amount of Allotments.--
[(1) Reservations from appropriations.--From the
total amount made available to carry out this subpart
for a fiscal year, the Secretary--
[(A) shall reserve one-half of 1 percent for
allotments for the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands,
to be distributed among these outlying areas on
the basis of their relative need, as determined
by the Secretary in accordance with the
purposes of this subpart;
[(B) shall reserve one-half of 1 percent for
the Secretary of the Interior for programs
under this subpart in schools operated or
funded by the Bureau of Indian Affairs;
[(C) may reserve not more than 2\1/2\ percent
or $25,000,000, whichever is less, to carry out
section 1205 (relating to external evaluation)
and section 1206 (relating to national
activities);
[(D) shall reserve $5,000,000 to carry out
sections 1207 and 1224 (relating to information
dissemination); and
[(E) for any fiscal year, beginning with
fiscal year 2004, for which the amount
appropriated to carry out this subpart exceeds
the amount appropriated for fiscal year 2003,
shall reserve, to carry out section 1204, the
lesser of--
[(i) $90,000,000; or
[(ii) 10 percent of such excess
amount.
[(2) State allotments.--In accordance with paragraph
(3), the Secretary shall allot among each of the States
the total amount made available to carry out this
subpart for any fiscal year and not reserved under
paragraph (1).
[(3) Determination of state allotment amounts.--
[(A) In general.--Subject to subparagraph
(B), the Secretary shall allot the amount made
available under paragraph (2) for a fiscal year
among the States in proportion to the number of
children, aged 5 to 17, who reside within the
State and are from families with incomes below
the poverty line for the most recent fiscal
year for which satisfactory data are available,
compared to the number of such individuals who
reside in all such States for that fiscal year.
[(B) Exceptions.--
[(i) Minimum grant amount.--Subject
to clause (ii), no State receiving an
allotment under subparagraph (A) may
receive less than one-fourth of 1
percent of the total amount allotted
under such subparagraph.
[(ii) Puerto rico.--The percentage of
the amount allotted under subparagraph
(A) that is allotted to the
Commonwealth of Puerto Rico for a
fiscal year may not exceed the
percentage that was received by the
Commonwealth of Puerto Rico of the
funds allocated to all States under
subpart 2 of part A for the preceding
fiscal year.
[(4) Distribution of subgrants.--The Secretary may
make a grant to a State educational agency only if the
State educational agency agrees to expend at least 80
percent of the amount of the funds provided under the
grant for the purpose of making, in accordance with
subsection (c), competitive subgrants to eligible local
educational agencies.
[(5) Reallotment.--If a State educational agency
described in paragraph (2) does not apply for an
allotment under this section for any fiscal year, or if
the State educational agency's application is not
approved, the Secretary shall reallot such amount to
the remaining State educational agencies in accordance
with paragraph (3).
[(6) Definition of state.--For purposes of this
subsection, the term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[(c) Subgrants to Local Educational Agencies.--
[(1) Authorization to make subgrants.--In accordance
with paragraph (2), a State educational agency that
receives a grant under this section shall make
competitive subgrants to eligible local educational
agencies.
[(2) Allocation.--
[(A) Minimum subgrant amount.--In making
subgrants under paragraph (1), a State
educational agency shall allocate to each
eligible local educational agency that receives
such a subgrant, at a minimum, an amount that
bears the same relation to the funds made
available under subsection (b)(4) as the amount
the eligible local educational agency received
under part A for the preceding fiscal year
bears to the amount all the local educational
agencies in the State received under part A for
the preceding fiscal year.
[(B) Priority.--In making subgrants under
paragraph (1), a State educational agency shall
give priority to eligible local educational
agencies in which at least--
[(i) 15 percent of the children
served by the eligible local
educational agency are from families
with incomes below the poverty line; or
[(ii) 6,500 children served by the
eligible local educational agency are
from families with incomes below the
poverty line.
[(3) Notice.--A State educational agency receiving a
grant under this section shall provide notice to all
eligible local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(4) Local application.--To be eligible to receive a
subgrant under this subsection, an eligible local
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.
[(5) State requirement.--In distributing subgrant
funds to eligible local educational agencies under this
subsection, a State educational agency shall--
[(A) provide funds in sufficient size and
scope to enable the eligible local educational
agencies to improve reading instruction; and
[(B) provide the funds in amounts related to
the number or percentage of students in
kindergarten through grade 3 who are reading
below grade level.
[(6) Limitation to certain schools.--In distributing
subgrant funds under this subsection, an eligible local
educational agency shall provide funds only to schools
that both--
[(A) are among the schools served by that
eligible local educational agency with the
highest percentages or numbers of students in
kindergarten through grade 3 reading below
grade level, based on the most currently
available data; and
[(B)(i) are identified for school improvement
under section 1116(b); or
[(ii) have the highest percentages or numbers
of children counted under section 1124(c).
[(7) Local uses of funds.--
[(A) Required uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection shall
use the funds provided under the subgrant to
carry out the following activities:
[(i) Selecting and administering
screening, diagnostic, and classroom-
based instructional reading
assessments.
[(ii) Selecting and implementing a
learning system or program of reading
instruction based on scientifically
based reading research that--
[(I) includes the essential
components of reading
instruction; and
[(II) provides such
instruction to the children in
kindergarten through grade 3 in
the schools served by the
eligible local educational
agency, including children
who--
[(aa) may have
reading difficulties;
[(bb) are at risk of
being referred to
special education based
on these difficulties;
[(cc) have been
evaluated under section
614 of the Individuals
with Disabilities
Education Act but, in
accordance with section
614(b)(5) of that Act,
have not been
identified as being a
child with a disability
(as defined in section
602 of that Act);
[(dd) are being
served under such Act
primarily due to being
identified as being a
child with a specific
learning disability (as
defined in section 602
of that Act) related to
reading;
[(ee) are deficient
in the essential
components of reading
skills, as listed in
subparagraphs (A)
through (E) of section
1208(3); or
[(ff) are identified
as having limited
English proficiency.
[(iii) Procuring and implementing
instructional materials, including
education technology such as software
and other digital curricula, that are
based on scientifically based reading
research.
[(iv) Providing professional
development for teachers of
kindergarten through grade 3, and
special education teachers of
kindergarten through grade 12, that--
[(I) will prepare these
teachers in all of the
essential components of reading
instruction;
[(II) shall include--
[(aa) information on
instructional
materials, programs,
strategies, and
approaches based on
scientifically based
reading research,
including early
intervention, classroom
reading materials, and
remedial programs and
approaches; and
[(bb) instruction in
the use of screening,
diagnostic, and
classroom-based
instructional reading
assessments and other
procedures that
effectively identify
students who may be at
risk for reading
failure or who are
having difficulty
reading;
[(III) shall be provided by
eligible professional
development providers; and
[(IV) will assist teachers in
becoming highly qualified in
reading instruction in
accordance with the
requirements of section 1119.
[(v) Collecting and summarizing
data--
[(I) to document the
effectiveness of activities
carried out under this subpart
in individual schools and in
the local educational agency as
a whole; and
[(II) to stimulate and
accelerate improvement by
identifying the schools that
produce significant gains in
reading achievement.
[(vi) Reporting data for all students
and categories of students described in
section 1111(b)(2)(C)(v)(II).
[(vii) Promoting reading and library
programs that provide access to
engaging reading material, including
coordination with programs funded
through grants received under subpart
4, where applicable.
[(B) Additional uses.--Subject to paragraph
(8), an eligible local educational agency that
receives a subgrant under this subsection may
use the funds provided under the subgrant to
carry out the following activities:
[(i) Humanities-based family literacy
programs (which may be referred to as
``Prime Time Family Reading Time'')
that bond families around the acts of
reading and using public libraries.
[(ii) Providing training in the
essential components of reading
instruction to a parent or other
individual who volunteers to be a
student's reading tutor, to enable such
parent or individual to support
instructional practices that are based
on scientifically based reading
research and are being used by the
student's teacher.
[(iii) Assisting parents, through the
use of materials and reading programs,
strategies, and approaches (including
family literacy services) that are
based on scientifically based reading
research, to encourage reading and
support their child's reading
development.
[(8) Local planning and administration.--An eligible
local educational agency that receives a subgrant under
this subsection may use not more than 3.5 percent of
the funds provided under the subgrant for planning and
administration.
[(d) State Uses of Funds.--
[(1) In general.--A State educational agency that
receives a grant under this section may expend not more
than a total of 20 percent of the grant funds to carry
out the activities described in paragraphs (3), (4),
and (5).
[(2) Priority.--A State educational agency shall give
priority to carrying out the activities described in
paragraphs (3), (4), and (5) for schools described in
subsection (c)(6).
[(3) Professional inservice and preservice
development and review.--A State educational agency may
expend not more than 65 percent of the amount of the
funds made available under paragraph (1)--
[(A) to develop and implement a program of
professional development for teachers,
including special education teachers, of
kindergarten through grade 3 that--
[(i) will prepare these teachers in
all the essential components of reading
instruction;
[(ii) shall include--
[(I) information on
instructional materials,
programs, strategies, and
approaches based on
scientifically based reading
research, including early
intervention and reading
remediation materials,
programs, and approaches; and
[(II) instruction in the use
of screening, diagnostic, and
classroom-based instructional
reading assessments and other
scientifically based procedures
that effectively identify
students who may be at risk for
reading failure or who are
having difficulty reading; and
[(iii) shall be provided by eligible
professional development providers;
[(B) to strengthen and enhance preservice
courses for students preparing, at all public
institutions of higher education in the State,
to teach kindergarten through grade 3 by--
[(i) reviewing such courses to
determine whether the courses' content
is consistent with the findings of the
most current scientifically based
reading research, including findings on
the essential components of reading
instruction;
[(ii) following up such reviews with
recommendations to ensure that such
institutions offer courses that meet
the highest standards; and
[(iii) preparing a report on the
results of such reviews, submitting the
report to the reading and literacy
partnership for the State established
under section 1203(d), and making the
report available for public review by
means of the Internet; and
[(C) to make recommendations on how the State
licensure and certification standards in the
area of reading might be improved.
[(4) Technical assistance for local educational
agencies and schools.--A State educational agency may
expend not more than 25 percent of the amount of the
funds made available under paragraph (1) for one or
more of the following:
[(A) Assisting local educational agencies in
accomplishing the tasks required to design and
implement a program under this subpart,
including--
[(i) selecting and implementing a
program or programs of reading
instruction based on scientifically
based reading research;
[(ii) selecting screening,
diagnostic, and classroom-based
instructional reading assessments; and
[(iii) identifying eligible
professional development providers to
help prepare reading teachers to teach
students using the programs and
assessments described in clauses (i)
and (ii).
[(B) Providing expanded opportunities to
students in kindergarten through grade 3 who
are served by eligible local educational
agencies for receiving reading assistance from
alternative providers that includes--
[(i) screening, diagnostic, and
classroom-based instructional reading
assessments; and
[(ii) as need is indicated by the
assessments under clause (i),
instruction based on scientifically
based reading research that includes
the essential components of reading
instruction.
[(5) Planning, administration, and reporting.--
[(A) Expenditure of funds.--A State
educational agency may expend not more than 10
percent of the amount of funds made available
under paragraph (1) for the activities
described in this paragraph.
[(B) Planning and administration.--A State
educational agency that receives a grant under
this section may expend funds made available
under subparagraph (A) for planning and
administration relating to the State uses of
funds authorized under this subpart, including
the following:
[(i) Administering the distribution
of competitive subgrants to eligible
local educational agencies under
subsection (c) and section 1204(d).
[(ii) Assessing and evaluating, on a
regular basis, eligible local
educational agency activities assisted
under this subpart, with respect to
whether they have been effective in
increasing the number of children in
grades 1, 2, and 3 served under this
subpart who can read at or above grade
level.
[(C) Annual reporting.--
[(i) In general.--A State educational
agency that receives a grant under this
section shall expend funds made
available under subparagraph (A) to
provide the Secretary annually with a
report on the implementation of this
subpart.
[(ii) Information included.--Each
report under this subparagraph shall
include information on the following:
[(I) Evidence that the State
educational agency is
fulfilling its obligations
under this subpart.
[(II) Specific identification
of those schools and local
educational agencies that
report the largest gains in
reading achievement.
[(III) The progress the State
educational agency and local
educational agencies within the
State are making in reducing
the number of students served
under this subpart in grades 1,
2, and 3 who are reading below
grade level, as demonstrated by
such information as teacher
reports and school evaluations
of mastery of the essential
components of reading
instruction.
[(IV) Evidence on whether the
State educational agency and
local educational agencies
within the State have
significantly increased the
number of students reading at
grade level or above,
significantly increased the
percentages of students
described in section
1111(b)(2)(C)(v)(II) who are
reading at grade level or
above, and successfully
implemented this subpart.
[(iii) Privacy protection.--Data in
the report shall be reported in a
manner that protects the privacy of
individuals.
[(iv) Contract.--To the extent
practicable, a State educational agency
shall enter into a contract with an
entity that conducts scientifically
based reading research, under which
contract the entity will assist the
State educational agency in producing
the reports required to be submitted
under this subparagraph.
[(e) Review.--
[(1) Progress report.--
[(A) Submission.--Not later than 60 days
after the termination of the third year of the
grant period, each State educational agency
receiving a grant under this section shall
submit a progress report to the Secretary.
[(B) Information included.--The progress
report shall include information on the
progress the State educational agency and local
educational agencies within the State are
making in reducing the number of students
served under this subpart in grades 1, 2, and 3
who are reading below grade level (as
demonstrated by such information as teacher
reports and school evaluations of mastery of
the essential components of reading
instruction). The report shall also include
evidence from the State educational agency and
local educational agencies within the State
that the State educational agency and the local
educational agencies have significantly
increased the number of students reading at
grade level or above, significantly increased
the percentages of students described in
section 1111(b)(2)(C)(v)(II) who are reading at
grade level or above, and successfully
implemented this subpart.
[(2) Peer review.--The progress report described in
paragraph (1) shall be reviewed by the peer review
panel convened under section 1203(c)(2).
[(3) Consequences of insufficient progress.--After
submission of the progress report described in
paragraph (1), if the Secretary determines that the
State educational agency is not making significant
progress in meeting the purposes of this subpart, the
Secretary may withhold from the State educational
agency, in whole or in part, further payments under
this section in accordance with section 455 of the
General Education Provisions Act or take such other
action authorized by law as the Secretary determines
necessary, including providing technical assistance
upon request of the State educational agency.
[(f) Funds not Used for State Level Activities.--Any portion
of funds described in subsection (d)(1) that a State
educational agency does not expend in accordance with
subsection (d)(1) shall be expended for the purpose of making
subgrants in accordance with subsection (c).
[(g) Supplement, not Supplant.--A State or local educational
agency shall use funds received under this subpart only to
supplement the level of non-Federal funds that, in the absence
of funds under this subpart, would be expended for activities
authorized under this subpart, and not to supplant those non-
Federal funds.
[SEC. 1203. STATE FORMULA GRANT APPLICATIONS.
[(a) Applications.--
[(1) In general.--A State educational agency that
desires to receive a grant under section 1202 shall
submit an application to the Secretary at such time and
in such form as the Secretary may require. The
application shall contain the information described in
subsection (b).
[(2) Special application provisions.--For those State
educational agencies that have received a grant under
part C of title II (as such part was in effect on the
day before the date of enactment of the No Child Left
Behind Act of 2001), the Secretary shall establish a
modified set of requirements for an application under
this section that takes into account the information
already submitted and approved under that program and
minimizes the duplication of effort on the part of such
State educational agencies.
[(b) Contents.--An application under this section shall
contain the following:
[(1) An assurance that the Governor of the State, in
consultation with the State educational agency, has
established a reading and literacy partnership
described in subsection (d), and a description of how
such partnership--
[(A) coordinated the development of the
application; and
[(B) will assist in the oversight and
evaluation of the State educational agency's
activities under this subpart.
[(2) A description, if applicable, of the State's
strategy to expand, continue, or modify activities
authorized under part C of title II (as such part was
in effect on the day before the date of enactment of
the No Child Left Behind Act of 2001).
[(3) An assurance that the State educational agency,
and any local educational agencies receiving a subgrant
from that State educational agency under section 1202,
will, if requested, participate in the external
evaluation under section 1205.
[(4) A State educational agency plan containing a
description of the following:
[(A) How the State educational agency will
assist local educational agencies in
identifying screening, diagnostic, and
classroom-based instructional reading
assessments.
[(B) How the State educational agency will
assist local educational agencies in
identifying instructional materials, programs,
strategies, and approaches, based on
scientifically based reading research,
including early intervention and reading
remediation materials, programs, and
approaches.
[(C) How the State educational agency will
ensure that professional development activities
related to reading instruction and provided
under section 1202 are--
[(i) coordinated with other Federal,
State, and local level funds, and used
effectively to improve instructional
practices for reading; and
[(ii) based on scientifically based
reading research.
[(D) How the activities assisted under
section 1202 will address the needs of teachers
and other instructional staff in implementing
the essential components of reading
instruction.
[(E) How subgrants made by the State
educational agency under section 1202 will meet
the requirements of section 1202, including how
the State educational agency will ensure that
eligible local educational agencies receiving
subgrants under section 1202 will use practices
based on scientifically based reading research.
[(F) How the State educational agency will,
to the extent practicable, make grants to
eligible local educational agencies in both
rural and urban areas.
[(G) How the State educational agency will
build on, and promote coordination among
literacy programs in the State (including
federally funded programs such as programs
under the Adult Education and Family Literacy
Act, the Individuals with Disabilities
Education Act, and subpart 2), to increase the
effectiveness of the programs in improving
reading for adults and children and to avoid
duplication of the efforts of the program.
[(H) How the State educational agency will
assess and evaluate, on a regular basis,
eligible local educational agency activities
assisted under section 1202, with respect to
whether the activities have been effective in
achieving the purposes of section 1202.
[(I) Any other information that the Secretary
may reasonably require.
[(c) Approval of Applications.--
[(1) In general.--The Secretary shall approve an
application of a State educational agency under this
section only if such application meets the requirements
of this section.
[(2) Peer review.--
[(A) In general.--The Secretary, in
consultation with the National Institute for
Literacy, shall convene a panel to evaluate
applications under this section. At a minimum,
the panel shall include--
[(i) three individuals selected by
the Secretary;
[(ii) three individuals selected by
the National Institute for Literacy;
[(iii) three individuals selected by
the National Research Council of the
National Academy of Sciences; and
[(iv) three individuals selected by
the Eunice Kennedy Shriver National
Institute of Child Health and Human
Development.
[(B) Experts.--The panel shall include--
[(i) experts who are competent, by
virtue of their training, expertise, or
experience, to evaluate applications
under this section;
[(ii) experts who provide
professional development to individuals
who teach reading to children and
adults based on scientifically based
reading research;
[(iii) experts who provide
professional development to other
instructional staff based on
scientifically based reading research;
and
[(iv) an individual who has expertise
in screening, diagnostic, and
classroom-based instructional reading
assessments.
[(C) Recommendations.--The panel shall
recommend grant applications from State
educational agencies under this section to the
Secretary for funding or for disapproval.
[(d) Reading and Literacy Partnerships.--
[(1) In general.--For a State educational agency to
receive a grant under section 1202, the Governor of the
State, in consultation with the State educational
agency, shall establish a reading and literacy
partnership.
[(2) Required participants.--The reading and literacy
partnership shall include the following participants:
[(A) The Governor of the State.
[(B) The chief State school officer.
[(C) The chairman and the ranking member of
each committee of the State legislature that is
responsible for education policy.
[(D) A representative, selected jointly by
the Governor and the chief State school
officer, of at least one eligible local
educational agency.
[(E) A representative, selected jointly by
the Governor and the chief State school
officer, of a community-based organization
working with children to improve their reading
skills, particularly a community-based
organization using tutors and scientifically
based reading research.
[(F) State directors of appropriate Federal
or State programs with a strong reading
component, selected jointly by the Governor and
the chief State school officer.
[(G) A parent of a public or private school
student or a parent who educates the parent's
child in the parent's home, selected jointly by
the Governor and the chief State school
officer.
[(H) A teacher, who may be a special
education teacher, who successfully teaches
reading, and another instructional staff
member, selected jointly by the Governor and
the chief State school officer.
[(I) A family literacy service provider
selected jointly by the Governor and the chief
State school officer.
[(3) Optional participants.--The reading and literacy
partnership may include additional participants, who
shall be selected jointly by the Governor and the chief
State school officer, and who may include a
representative of--
[(A) an institution of higher education
operating a program of teacher preparation in
the State that is based on scientifically based
reading research;
[(B) a local educational agency;
[(C) a private nonprofit or for-profit
eligible professional development provider
providing instruction based on scientifically
based reading research;
[(D) an adult education provider;
[(E) a volunteer organization that is
involved in reading programs; or
[(F) a school library or a public library
that offers reading or literacy programs for
children or families.
[(4) Preexisting partnership.--If, before the date of
enactment of the No Child Left Behind Act of 2001, a
State educational agency established a consortium,
partnership, or any other similar body that was
considered a reading and literacy partnership for
purposes of part C of title II of this Act (as such
part was in effect on the day before the date of
enactment of No Child Left Behind Act of 2001), that
consortium, partnership, or body may be considered a
reading and literacy partnership for purposes of this
subsection consistent with the provisions of this
subpart.
[SEC. 1204. TARGETED ASSISTANCE GRANTS.
[(a) Eligibility Criteria for Awarding Targeted Assistance
Grants to States.--Beginning with fiscal year 2004, from funds
appropriated under section 1202(b)(1)(E), the Secretary shall
make grants, on a competitive basis, to those State educational
agencies that--
[(1) for each of 2 consecutive years, demonstrate
that an increasing percentage of third graders in each
of the groups described in section 1111(b)(2)(C)(v)(II)
in the schools served by the local educational agencies
receiving funds under section 1202 are reaching the
proficient level in reading; and
[(2) for each of the same such consecutive 2 years,
demonstrate that schools receiving funds under section
1202 are improving the reading skills of students in
grades 1, 2, and 3 based on screening, diagnostic, and
classroom-based instructional reading assessments.
[(b) Continuation of Performance Awards.--For any State
educational agency that receives a competitive grant under this
section, the Secretary shall make an award for each of the
succeeding years that the State educational agency demonstrates
it is continuing to meet the criteria described in subsection
(a).
[(c) Distribution of Targeted Assistance Grants.--
[(1) In general.--The Secretary shall make a grant to
each State educational agency with an application
approved under this section in an amount that bears the
same relation to the amount made available to carry out
this section for a fiscal year as the number of
children counted under section 1124(c) for the State
bears to the number of such children so counted for all
States with applications approved for that year.
[(2) Peer review.--The peer review panel convened
under section 1203(c)(2) shall review the applications
submitted under this subsection. The panel shall
recommend such applications to the Secretary for
funding or for disapproval.
[(3) Application contents.--A State educational
agency that desires to receive a grant under this
section shall submit an application to the Secretary at
such time, in such manner, and accompanied by such
information as the Secretary may require. Each such
application shall include the following:
[(A) Evidence that the State educational
agency has carried out its obligations under
section 1203.
[(B) Evidence that the State educational
agency has met the criteria described in
subsection (a).
[(C) The amount of funds requested by the
State educational agency and a description of
the criteria the State educational agency
intends to use in distributing subgrants to
eligible local educational agencies under this
section to continue or expand activities under
subsection (d)(5).
[(D) Evidence that the State educational
agency has increased significantly the
percentage of students reading at grade level
or above.
[(E) Any additional evidence that
demonstrates success in the implementation of
this section.
[(d) Subgrants to Eligible Local Educational Agencies.--
[(1) In general.--The Secretary may make a grant to a
State educational agency under this section only if the
State educational agency agrees to expend 100 percent
of the amount of the funds provided under the grant for
the purpose of making competitive subgrants in
accordance with this subsection to eligible local
educational agencies.
[(2) Notice.--A State educational agency receiving a
grant under this section shall provide notice to all
local educational agencies in the State of the
availability of competitive subgrants under this
subsection and of the requirements for applying for the
subgrants.
[(3) Application.--To be eligible to receive a
subgrant under this subsection, an eligible local
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.
[(4) Distribution.--
[(A) In general.--A State educational agency
shall distribute subgrants under this section
through a competitive process based on relative
need of eligible local educational agencies and
the evidence described in this paragraph.
[(B) Evidence used in all years.--For all
fiscal years, a State educational agency shall
distribute subgrants under this section based
on evidence that an eligible local educational
agency--
[(i) satisfies the requirements of
section 1202(c)(4);
[(ii) will carry out its obligations
under this subpart;
[(iii) will work with other local
educational agencies in the State that
have not received a subgrant under this
subsection to assist such nonreceiving
agencies in increasing the reading
achievement of students; and
[(iv) is meeting the criteria
described in subsection (a).
[(5) Local uses of funds.--An eligible local
educational agency that receives a subgrant under this
subsection--
[(A) shall use the funds provided under the
subgrant to carry out the activities described
in section 1202(c)(7)(A); and
[(B) may use such funds to carry out the
activities described in section 1202(c)(7)(B).
[SEC. 1205. EXTERNAL EVALUATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(C), the Secretary shall contract with an independent
organization outside of the Department for a 5-year, rigorous,
scientifically valid, quantitative evaluation of this subpart.
[(b) Process.--The evaluation under subsection (a) shall be
conducted by an organization that is capable of designing and
carrying out an independent evaluation that identifies the
effects of specific activities carried out by State educational
agencies and local educational agencies under this subpart on
improving reading instruction. Such evaluation shall take into
account factors influencing student performance that are not
controlled by teachers or education administrators.
[(c) Analysis.--The evaluation under subsection (a) shall
include the following:
[(1) An analysis of the relationship between each of
the essential components of reading instruction and
overall reading proficiency.
[(2) An analysis of whether assessment tools used by
State educational agencies and local educational
agencies measure the essential components of reading.
[(3) An analysis of how State reading standards
correlate with the essential components of reading
instruction.
[(4) An analysis of whether the receipt of a targeted
assistance grant under section 1204 results in an
increase in the number of children who read
proficiently.
[(5) A measurement of the extent to which specific
instructional materials improve reading proficiency.
[(6) A measurement of the extent to which specific
screening, diagnostic, and classroom-based
instructional reading assessments assist teachers in
identifying specific reading deficiencies.
[(7) A measurement of the extent to which
professional development programs implemented by State
educational agencies using funds received under this
subpart improve reading instruction.
[(8) A measurement of how well students preparing to
enter the teaching profession are prepared to teach the
essential components of reading instruction.
[(9) An analysis of changes in students' interest in
reading and time spent reading outside of school.
[(10) Any other analysis or measurement pertinent to
this subpart that is determined to be appropriate by
the Secretary.
[(d) Program Improvement.--The findings of the evaluation
conducted under this section shall be provided to State
educational agencies and local educational agencies on a
periodic basis for use in program improvement.
[SEC. 1206. NATIONAL ACTIVITIES.
[From funds reserved under section 1202(b)(1)(C), the
Secretary--
[(1) may provide technical assistance in achieving
the purposes of this subpart to State educational
agencies, local educational agencies, and schools
requesting such assistance;
[(2) shall, at a minimum, evaluate the impact of
services provided to children under this subpart with
respect to their referral to, and eligibility for,
special education services under the Individuals with
Disabilities Education Act (based on their difficulties
learning to read); and
[(3) shall carry out the external evaluation as
described in section 1205.
[SEC. 1207. INFORMATION DISSEMINATION.
[(a) In General.--From funds reserved under section
1202(b)(1)(D), the National Institute for Literacy, in
collaboration with the Secretary of Education, the Secretary of
Health and Human Services, and the Director of the Eunice
Kennedy Shriver National Institute of Child Health and Human
Development shall--
[(1) disseminate information on scientifically based
reading research pertaining to children, youth, and
adults;
[(2) identify and disseminate information about
schools, local educational agencies, and State
educational agencies that have effectively developed
and implemented classroom reading programs that meet
the requirements of this subpart, including those State
educational agencies, local educational agencies, and
schools that have been identified as effective through
the evaluation and peer review provisions of this
subpart; and
[(3) support the continued identification and
dissemination of information on reading programs that
contain the essential components of reading instruction
as supported by scientifically based reading research,
that can lead to improved reading outcomes for
children, youth, and adults.
[(b) Dissemination and Coordination.--At a minimum, the
National Institute for Literacy shall disseminate the
information described in subsection (a) to--
[(1) recipients of Federal financial assistance under
this title, title III, the Head Start Act, the
Individuals with Disabilities Education Act, and the
Adult Education and Family Literacy Act; and
[(2) each Bureau funded school (as defined in section
1141 of the Education Amendments of 1978).
[(c) Use of Existing Networks.--In carrying out this section,
the National Institute for Literacy shall, to the extent
practicable, use existing information and dissemination
networks developed and maintained through other public and
private entities including through the Department and the
National Center for Family Literacy.
[(d) National Institute for Literacy.--For purposes of funds
reserved under section 1202(b)(1)(D) to carry out this section,
the National Institute for Literacy shall administer such funds
in accordance with section 242(b) of Public Law 105-220
(relating to the establishment and administration of the
National Institute for Literacy).
[SEC. 1208. DEFINITIONS.
[In this subpart:
[(1) Eligible local educational agency.--The term
``eligible local educational agency'' means a local
educational agency that--
[(A) is among the local educational agencies
in the State with the highest numbers or
percentages of students in kindergarten through
grade 3 reading below grade level, based on the
most currently available data; and
[(B) has--
[(i) jurisdiction over a geographic
area that includes an area designated
as an empowerment zone, or an
enterprise community, under part I of
subchapter U of chapter 1 of the
Internal Revenue Code of 1986;
[(ii) jurisdiction over a significant
number or percentage of schools that
are identified for school improvement
under section 1116(b); or
[(iii) the highest numbers or
percentages of children who are counted
under section 1124(c), in comparison to
other local educational agencies in the
State.
[(2) Eligible professional development provider.--The
term ``eligible professional development provider''
means a provider of professional development in reading
instruction to teachers, including special education
teachers, that is based on scientifically based reading
research.
[(3) Essential components of reading instruction.--
The term ``essential components of reading
instruction'' means explicit and systematic instruction
in--
[(A) phonemic awareness;
[(B) phonics;
[(C) vocabulary development;
[(D) reading fluency, including oral reading
skills; and
[(E) reading comprehension strategies.
[(4) Instructional staff.--The term ``instructional
staff''--
[(A) means individuals who have
responsibility for teaching children to read;
and
[(B) includes principals, teachers,
supervisors of instruction, librarians, library
school media specialists, teachers of academic
subjects other than reading, and other
individuals who have responsibility for
assisting children to learn to read.
[(5) Reading.--The term ``reading'' means a complex
system of deriving meaning from print that requires all
of the following:
[(A) The skills and knowledge to understand
how phonemes, or speech sounds, are connected
to print.
[(B) The ability to decode unfamiliar words.
[(C) The ability to read fluently.
[(D) Sufficient background information and
vocabulary to foster reading comprehension.
[(E) The development of appropriate active
strategies to construct meaning from print.
[(F) The development and maintenance of a
motivation to read.
[(6) Scientifically based reading research.--The term
``scientifically based reading research'' means
research that--
[(A) applies rigorous, systematic, and
objective procedures to obtain valid knowledge
relevant to reading development, reading
instruction, and reading difficulties; and
[(B) includes research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
valid data across evaluators and
observers and across multiple
measurements and observations; and
[(iv) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[(7) Screening, diagnostic, and classroom-based
instructional reading assessments.--
[(A) In general.--The term ``screening,
diagnostic, and classroom-based instructional
reading assessments'' means--
[(i) screening reading assessments;
[(ii) diagnostic reading assessments;
and
[(iii) classroom-based instructional
reading assessments.
[(B) Screening reading assessment.--The term
``screening reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) a brief procedure designed as a
first step in identifying children who
may be at high risk for delayed
development or academic failure and in
need of further diagnosis of their need
for special services or additional
reading instruction.
[(C) Diagnostic reading assessment.--The term
``diagnostic reading assessment'' means an
assessment that is--
[(i) valid, reliable, and based on
scientifically based reading research;
and
[(ii) used for the purpose of--
[(I) identifying a child's
specific areas of strengths and
weaknesses so that the child
has learned to read by the end
of grade 3;
[(II) determining any
difficulties that a child may
have in learning to read and
the potential cause of such
difficulties; and
[(III) helping to determine
possible reading intervention
strategies and related special
needs.
[(D) Classroom-based instructional reading
assessment.--The term ``classroom-based
instructional reading assessment'' means an
assessment that--
[(i) evaluates children's learning
based on systematic observations by
teachers of children performing
academic tasks that are part of their
daily classroom experience; and
[(ii) is used to improve instruction
in reading, including classroom
instruction.
[Subpart 2--Early Reading First
[SEC. 1221. PURPOSES; DEFINITIONS.
[(a) Purposes.--The purposes of this subpart are as follows:
[(1) To support local efforts to enhance the early
language, literacy, and prereading development of
preschool age children, particularly those from low-
income families, through strategies and professional
development that are based on scientifically based
reading research.
[(2) To provide preschool age children with cognitive
learning opportunities in high-quality language and
literature-rich environments, so that the children can
attain the fundamental knowledge and skills necessary
for optimal reading development in kindergarten and
beyond.
[(3) To demonstrate language and literacy activities
based on scientifically based reading research that
supports the age-appropriate development of--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet;
[(B) knowledge of letter sounds, the blending
of sounds, and the use of increasingly complex
vocabulary;
[(C) an understanding that written language
is composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(D) spoken language, including vocabulary
and oral comprehension abilities; and
[(E) knowledge of the purposes and
conventions of print.
[(4) To use screening assessments to effectively
identify preschool age children who may be at risk for
reading failure.
[(5) To integrate such scientific reading research-
based instructional materials and literacy activities
with existing programs of preschools, child care
agencies and programs, Head Start centers, and family
literacy services.
[(b) Definitions.--For purposes of this subpart:
[(1) Eligible applicant.--The term ``eligible
applicant'' means--
[(A) one or more local educational agencies
that are eligible to receive a subgrant under
subpart 1;
[(B) one or more public or private
organizations or agencies, acting on behalf of
one or more programs that serve preschool age
children (such as a program at a Head Start
center, a child care program, or a family
literacy program), which organizations or
agencies shall be located in a community served
by a local educational agency described in
subparagraph (A); or
[(C) one or more local educational agencies
described in subparagraph (A) in collaboration
with one or more organizations or agencies
described in subparagraph (B).
[(2) Scientifically based reading research.--The term
``scientifically based reading research'' has the same
meaning given to that term in section 1208.
[(3) Screening reading assessment.--The term
``screening reading assessment'' has the same meaning
given to that term in section 1208.
[SEC. 1222. LOCAL EARLY READING FIRST GRANTS.
[(a) Program Authorized.--From amounts appropriated under
section 1002(b)(2), the Secretary shall award grants, on a
competitive basis, for periods of not more than 6 years, to
eligible applicants to enable the eligible applicants to carry
out the authorized activities described in subsection (d).
[(b) Applications.--An eligible applicant that desires to
receive a grant under this section shall submit an application
to the Secretary, which shall include a description of--
[(1) the programs to be served by the proposed
project, including demographic and socioeconomic
information on the preschool age children enrolled in
the programs;
[(2) how the proposed project will enhance the school
readiness of preschool age children in high-quality
oral language and literature-rich environments;
[(3) how the proposed project will prepare and
provide ongoing assistance to staff in the programs,
through professional development and other support, to
provide high-quality language, literacy, and prereading
activities using scientifically based reading research,
for preschool age children;
[(4) how the proposed project will provide services
and use instructional materials that are based on
scientifically based reading research on early language
acquisition, prereading activities, and the development
of spoken vocabulary skills;
[(5) how the proposed project will help staff in the
programs to meet more effectively the diverse needs of
preschool age children in the community, including such
children with limited English proficiency,
disabilities, or other special needs;
[(6) how the proposed project will integrate such
instructional materials and literacy activities with
existing preschool programs and family literacy
services;
[(7) how the proposed project will help children,
particularly children experiencing difficulty with
spoken language, prereading, and early reading skills,
to make the transition from preschool to formal
classroom instruction in school;
[(8) if the eligible applicant has received a
subgrant under subpart 1, how the activities conducted
under this subpart will be coordinated with the
eligible applicant's activities under subpart 1 at the
kindergarten through grade 3 level;
[(9) how the proposed project will evaluate the
success of the activities supported under this subpart
in enhancing the early language, literacy, and
prereading development of preschool age children served
by the project; and
[(10) such other information as the Secretary may
require.
[(c) Approval of Local Applications.--The Secretary shall
select applicants for funding under this subpart based on the
quality of the applications and the recommendations of a peer
review panel convened under section 1203(c)(2), that includes,
at a minimum, three individuals, selected from the entities
described in clauses (ii), (iii), and (iv) of section
1203(c)(2)(A), who are experts in early reading development and
early childhood development.
[(d) Authorized Activities.--An eligible applicant that
receives a grant under this subpart shall use the funds
provided under the grant to carry out the following activities:
[(1) Providing preschool age children with high-
quality oral language and literature-rich environments
in which to acquire language and prereading skills.
[(2) Providing professional development that is based
on scientifically based reading research knowledge of
early language and reading development for the staff of
the eligible applicant and that will assist in
developing the preschool age children's--
[(A) recognition, leading to automatic
recognition, of letters of the alphabet,
knowledge of letters, sounds, blending of
letter sounds, and increasingly complex
vocabulary;
[(B) understanding that written language is
composed of phonemes and letters each
representing one or more speech sounds that in
combination make up syllables, words, and
sentences;
[(C) spoken language, including vocabulary
and oral comprehension abilities; and
[(D) knowledge of the purposes and
conventions of print.
[(3) Identifying and providing activities and
instructional materials that are based on
scientifically based reading research for use in
developing the skills and abilities described in
paragraph (2).
[(4) Acquiring, providing training for, and
implementing screening reading assessments or other
appropriate measures that are based on scientifically
based reading research to determine whether preschool
age children are developing the skills described in
this subsection.
[(5) Integrating such instructional materials,
activities, tools, and measures into the programs
offered by the eligible applicant.
[(e) Award Amounts.--The Secretary may establish a maximum
award amount, or ranges of award amounts, for grants under this
subpart.
[SEC. 1223. FEDERAL ADMINISTRATION.
[The Secretary shall consult with the Secretary of Health and
Human Services to coordinate the activities under this subpart
with preschool age programs administered by the Department of
Health and Human Services.
[SEC. 1224. INFORMATION DISSEMINATION.
[From the funds the National Institute for Literacy receives
under section 1202(b)(1)(D), the National Institute for
Literacy, in consultation with the Secretary, shall disseminate
information regarding projects assisted under this subpart that
have proven effective.
[SEC. 1225. REPORTING REQUIREMENTS.
[Each eligible applicant receiving a grant under this subpart
shall report annually to the Secretary regarding the eligible
applicant's progress in addressing the purposes of this
subpart. Such report shall include, at a minimum, a description
of--
[(1) the research-based instruction, materials, and
activities being used in the programs funded under the
grant;
[(2) the types of programs funded under the grant and
the ages of children served by such programs;
[(3) the qualifications of the program staff who
provide early literacy instruction under such programs
and the type of ongoing professional development
provided to such staff; and
[(4) the results of the evaluation described in
section 1222(b)(9).
[SEC. 1226. EVALUATION.
[(a) In General.--From the total amount made available under
section 1002(b)(2) for the period beginning October 1, 2002,
and ending September 30, 2006, the Secretary shall reserve not
more than $3,000,000 to conduct an independent evaluation of
the effectiveness of this subpart.
[(b) Reports.--
[(1) Interim report.--Not later than October 1, 2004,
the Secretary shall submit an interim report to the
Committee on Education and the Workforce of the House
of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate.
[(2) Final report.--Not later than September 30,
2006, the Secretary shall submit a final report to the
committees described in paragraph (1).
[(c) Contents.--The reports submitted under subsection (b)
shall include information on the following:
[(1) How the grant recipients under this subpart are
improving the prereading skills of preschool children.
[(2) The effectiveness of the professional
development program assisted under this subpart.
[(3) How early childhood teachers are being prepared
with scientifically based reading research on early
reading development.
[(4) What activities and instructional practices are
most effective.
[(5) How prereading instructional materials and
literacy activities based on scientifically based
reading research are being integrated into preschools,
child care agencies and programs, programs carried out
under the Head Start Act, and family literacy programs.
[(6) Any recommendations on strengthening or
modifying this subpart.
[Subpart 3--William F. Goodling Even Start Family Literacy Programs
[SEC. 1231. STATEMENT OF PURPOSE.
[It is the purpose of this subpart to help break the cycle of
poverty and illiteracy by--
[(1) improving the educational opportunities of the
Nation's low-income families by integrating early
childhood education, adult literacy or adult basic
education, and parenting education into a unified
family literacy program, to be referred to as ``Even
Start''; and
[(2) establishing a program that shall--
[(A) be implemented through cooperative
projects that build on high-quality existing
community resources to create a new range of
services;
[(B) promote the academic achievement of
children and adults;
[(C) assist children and adults from low-
income families to achieve to challenging State
content standards and challenging State student
achievement standards; and
[(D) use instructional programs based on
scientifically based reading research and
addressing the prevention of reading
difficulties for children and adults, to the
extent such research is available.
[SEC. 1232. PROGRAM AUTHORIZED.
[(a) Reservation for Migrant Programs, Outlying Areas, and
Indian Tribes.--
[(1) In general.--For each fiscal year, the Secretary
shall reserve 5 percent of the amount appropriated
under section 1002(b)(3) (or, if such appropriated
amount exceeds $200,000,000, 6 percent of such amount)
for programs, under such terms and conditions as the
Secretary shall establish, that are consistent with the
purpose of this subpart, and according to their
relative needs, for--
[(A) children of migratory workers;
[(B) the outlying areas; and
[(C) Indian tribes and tribal organizations.
[(2) Special rule.--After December 21, 2000, the
Secretary shall award a grant, on a competitive basis,
of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and
their preschool age children and that has the
capability of developing a program of high quality.
[(3) Coordination of programs for american indians.--
The Secretary shall ensure that programs under
paragraph (1)(C) are coordinated with family literacy
programs operated by the Bureau of Indian Affairs in
order to avoid duplication and to encourage the
dissemination of information on high-quality family
literacy programs serving American Indians.
[(b) Reservation for Federal Activities.--
[(1) Evaluation, technical assistance, program
improvement, and replication activities.--Subject to
paragraph (2), from amounts appropriated under section
1002(b)(3), the Secretary may reserve not more than 3
percent of such amounts for purposes of--
[(A) carrying out the evaluation required by
section 1239; and
[(B) providing, through grants or contracts
with eligible organizations, technical
assistance, program improvement, and
replication activities.
[(2) Research.--In any fiscal year, if the amount
appropriated under section 1002(b)(3) for such year--
[(A) is equal to or less than the amount
appropriated for the preceding fiscal year, the
Secretary may reserve from such amount only the
amount necessary to continue multi-year
activities carried out pursuant to section
1241(b) that began during or prior to the
fiscal year preceding the fiscal year for which
the determination is made; or
[(B) exceeds the amount appropriated for the
preceding fiscal year, then the Secretary shall
reserve from such excess amount $2,000,000 or
50 percent, whichever is less, to carry out
section 1241(b).
[(c) Reservation for Grants.--
[(1) Grants authorized.--
[(A) In general.--For any fiscal year for
which at least one State educational agency
applies and submits an application that meets
the requirements and goals of this subsection
and for which the amount appropriated under
section 1002(b)(3) exceeds the amount
appropriated under that section for the
preceding fiscal year, the Secretary shall
reserve, from the amount of the excess
remaining after the application of subsection
(b)(2), the amount of the remainder or
$1,000,000, whichever is less, to award grants,
on a competitive basis, to State educational
agencies to enable them to plan and implement
statewide family literacy initiatives to
coordinate and, where appropriate, integrate
existing Federal, State, and local literacy
resources consistent with the purposes of this
subpart.
[(B) Coordination and integration.--The
coordination and integration described in
subparagraph (A) shall include coordination and
integration of funds available under the Adult
Education and Family Literacy Act, the Head
Start Act, this subpart, part A of this title,
and part A of title IV of the Social Security
Act.
[(C) Restriction.--No State educational
agency may receive more than one grant under
this subsection.
[(2) Consortia.--
[(A) Establishment.--To receive a grant under
this subsection, a State educational agency
shall establish a consortium of State-level
programs under the following provisions of
laws:
[(i) This title (other than part D).
[(ii) The Head Start Act.
[(iii) The Adult Education and Family
Literacy Act.
[(iv) All other State-funded
preschool programs and programs
providing literacy services to adults.
[(B) Plan.--To receive a grant under this
subsection, the consortium established by a
State educational agency shall create a plan to
use a portion of the State educational agency's
resources, derived from the programs referred
to in subparagraph (A), to strengthen and
expand family literacy services in the State.
[(C) Coordination with subpart 1.--The
consortium shall coordinate its activities
under this paragraph with the activities of the
reading and literacy partnership for the State
educational agency established under section
1203(d), if the State educational agency
receives a grant under section 1202.
[(3) Reading instruction.--Statewide family literacy
initiatives implemented under this subsection shall
base reading instruction on scientifically based
reading research.
[(4) Technical assistance.--The Secretary shall
provide, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to State educational agencies
receiving a grant under this subsection.
[(5) Matching requirement.--The Secretary shall not
make a grant to a State educational agency under this
subsection unless the State educational agency agrees
that, with respect to the costs to be incurred by the
eligible consortium in carrying out the activities for
which the grant was awarded, the State educational
agency will make available non-Federal contributions in
an amount equal to not less than the Federal funds
provided under the grant.
[(d) State Educational Agency Allocation.--
[(1) In general.--From amounts appropriated under
section 1002(b)(3) and not reserved under subsection
(a), (b), or (c), the Secretary shall make grants to
State educational agencies from allocations under
paragraph (2).
[(2) Allocations.--Except as provided in paragraph
(3), from the total amount available under paragraph
(1) for allocation to State educational agencies in any
fiscal year, each State educational agency shall be
eligible to receive a grant under paragraph (1) in an
amount that bears the same ratio to the total amount as
the amount allocated under part A to that State
educational agency bears to the total amount allocated
under that part to all State educational agencies.
[(3) Minimum.--No State educational agency shall
receive a grant under paragraph (1) in any fiscal year
in an amount that is less than $250,000, or one-half of
1 percent of the amount appropriated under section
1002(b)(3) and not reserved under subsections (a), (b),
and (c) for such year, whichever is greater.
[(e) Definitions.--For the purpose of this subpart--
[(1) the term ``eligible entity'' means a partnership
composed of--
[(A) a local educational agency; and
[(B) a nonprofit community-based
organization, a public agency other than a
local educational agency, an institution of
higher education, or a public or private
nonprofit organization other than a local
educational agency, of demonstrated quality;
[(2) the term ``eligible organization'' means any
public or private nonprofit organization with a record
of providing effective services to family literacy
providers, such as the National Center for Family
Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the
Home and School Institute, Inc.;
[(3) the terms ``Indian tribe'' and ``tribal
organization'' have the meanings given those terms in
section 4 of the Indian Self-Determination and
Education Assistance Act;
[(4) the term ``scientifically based reading
research'' has the meaning given that term in section
1208; and
[(5) the term ``State'' means each of the 50 States,
the District of Columbia, and the Commonwealth of
Puerto Rico.
[SEC. 1233. STATE EDUCATIONAL AGENCY PROGRAMS.
[(a) State Educational Agency Level Activities.--Each State
educational agency that receives a grant under section
1232(d)(1) may use not more than a total of 6 percent of the
grant funds for the costs of--
[(1) administration, which amount shall not exceed
half of the total;
[(2) providing, through one or more subgrants or
contracts, technical assistance for program improvement
and replication, to eligible entities that receive
subgrants under subsection (b); and
[(3) carrying out sections 1240 and 1234(c).
[(b) Subgrants for Local Programs.--
[(1) In general.--Each State educational agency shall
use the grant funds received under section 1232(d)(1)
and not reserved under subsection (a) to award
subgrants to eligible entities to carry out Even Start
programs.
[(2) Minimum subgrant amounts.--
[(A) In general.--Except as provided in
subparagraphs (B) and (C), no State educational
agency shall award a subgrant under paragraph
(1) in an amount less than $75,000.
[(B) Subgrantees in ninth and succeeding
years.--No State educational agency shall award
a subgrant under paragraph (1) in an amount
less than $52,500 to an eligible entity for a
fiscal year to carry out an Even Start program
that is receiving assistance under this subpart
or its predecessor authority for the ninth (or
any subsequent) fiscal year.
[(C) Exception for single subgrant.--A State
educational agency may award one subgrant in
each fiscal year of sufficient size, scope, and
quality to be effective in an amount less than
$75,000 if, after awarding subgrants under
paragraph (1) for that fiscal year in
accordance with subparagraphs (A) and (B), less
than $75,000 is available to the State
educational agency to award those subgrants.
[SEC. 1234. USES OF FUNDS.
[(a) In General.--In carrying out an Even Start program under
this subpart, a recipient of funds under this subpart shall use
those funds to pay the Federal share of the cost of providing
intensive family literacy services that involve parents and
children, from birth through age 7, in a cooperative effort to
help parents become full partners in the education of their
children and to assist children in reaching their full
potential as learners.
[(b) Federal Share Limitation.--
[(1) In general.--
[(A) Federal share.--Except as provided in
paragraph (2), the Federal share under this
subpart may not exceed--
[(i) 90 percent of the total cost of
the program in the first year that the
program receives assistance under this
subpart or its predecessor authority;
[(ii) 80 percent in the second year;
[(iii) 70 percent in the third year;
[(iv) 60 percent in the fourth year;
[(v) 50 percent in the fifth, sixth,
seventh, and eighth such years; and
[(vi) 35 percent in any subsequent
year.
[(B) Remaining cost.--The remaining cost of a
program assisted under this subpart may be
provided in cash or in kind, fairly evaluated,
and may be obtained from any source, including
other Federal funds under this Act.
[(2) Waiver.--The State educational agency may waive,
in whole or in part, the Federal share described in
paragraph (1) for an eligible entity if the entity--
[(A) demonstrates that it otherwise would not
be able to participate in the program assisted
under this subpart; and
[(B) negotiates an agreement with the State
educational agency with respect to the amount
of the remaining cost to which the waiver will
be applicable.
[(3) Prohibition.--Federal funds provided under this
subpart may not be used for the indirect costs of a
program assisted under this subpart, except that the
Secretary may waive this paragraph if an eligible
recipient of funds reserved under section 1232(a)(1)(C)
demonstrates to the Secretary's satisfaction that the
recipient otherwise would not be able to participate in
the program assisted under this subpart.
[(c) Use of Funds for Family Literacy Services.--
[(1) In general.--A State educational agency may use
a portion of funds reserved under section 1233(a), to
assist eligible entities receiving a subgrant under
section 1233(b) in improving the quality of family
literacy services provided under Even Start programs
under this subpart, except that in no case may a State
educational agency's use of funds for this purpose for
a fiscal year result in a decrease from the level of
activities and services provided to program
participants in the preceding year.
[(2) Priority.--In carrying out paragraph (1), a
State educational agency shall give priority to
programs that were of low quality, as evaluated based
on the indicators of program quality developed by the
State educational agency under section 1240.
[(3) Technical assistance to help local programs
raise additional funds.--In carrying out paragraph (1),
a State educational agency may use the funds referred
to in that paragraph to provide technical assistance to
help local programs of demonstrated effectiveness to
access and leverage additional funds for the purpose of
expanding services and reducing waiting lists,
including requesting and applying for non-Federal
resources.
[(4) Technical assistance and training.--Assistance
under paragraph (1) shall be in the form of technical
assistance and training, provided by a State
educational agency through a grant, contract, or
cooperative agreement with an entity that has
experience in offering high-quality training and
technical assistance to family literacy providers.
[SEC. 1235. PROGRAM ELEMENTS.
[Each program assisted under this subpart shall--
[(1) include the identification and recruitment of
families most in need of services provided under this
subpart, as indicated by a low level of income, a low
level of adult literacy or English language proficiency
of the eligible parent or parents, and other need-
related indicators;
[(2) include screening and preparation of parents,
including teenage parents, and children to enable those
parents and children to participate fully in the
activities and services provided under this subpart,
including testing, referral to necessary counselling,
other developmental and support services, and related
services;
[(3) be designed to accommodate the participants'
work schedule and other responsibilities, including the
provision of support services, when those services are
unavailable from other sources, necessary for
participation in the activities assisted under this
subpart, such as--
[(A) scheduling and locating of services to
allow joint participation by parents and
children;
[(B) child care for the period that parents
are involved in the program provided under this
subpart; and
[(C) transportation for the purpose of
enabling parents and their children to
participate in programs authorized by this
subpart;
[(4) include high-quality, intensive instructional
programs that promote adult literacy and empower
parents to support the educational growth of their
children, developmentally appropriate early childhood
educational services, and preparation of children for
success in regular school programs;
[(5) with respect to the qualifications of staff the
cost of whose salaries are paid, in whole or in part,
with Federal funds provided under this subpart, ensure
that--
[(A) not later than December 21, 2004--
[(i) a majority of the individuals
providing academic instruction--
[(I) shall have obtained an
associate's, bachelor's, or
graduate degree in a field
related to early childhood
education, elementary school or
secondary school education, or
adult education; and
[(II) if applicable, shall
meet qualifications established
by the State for early
childhood education, elementary
school or secondary school
education, or adult education
provided as part of an Even
Start program or another family
literacy program;
[(ii) the individual responsible for
administration of family literacy
services under this subpart has
received training in the operation of a
family literacy program; and
[(iii) paraprofessionals who provide
support for academic instruction have a
secondary school diploma or its
recognized equivalent; and
[(B) all new personnel hired to provide
academic instruction--
[(i) have obtained an associate's,
bachelor's, or graduate degree in a
field related to early childhood
education, elementary school or
secondary school education, or adult
education; and
[(ii) if applicable, meet
qualifications established by the State
for early childhood education,
elementary school or secondary school
education, or adult education provided
as part of an Even Start program or
another family literacy program;
[(6) include special training of staff, including
child-care staff, to develop the skills necessary to
work with parents and young children in the full range
of instructional services offered through this subpart;
[(7) provide and monitor integrated instructional
services to participating parents and children through
home-based programs;
[(8) operate on a year-round basis, including the
provision of some program services, including
instructional and enrichment services, during the
summer months;
[(9) be coordinated with--
[(A) other programs assisted under this Act;
[(B) any relevant programs under the Adult
Education and Family Literacy Act, the
Individuals with Disabilities Education Act,
and title I of the Workforce Investment Act of
1998; and
[(C) the Head Start program, volunteer
literacy programs, and other relevant programs;
[(10) use instructional programs based on
scientifically based reading research for children and
adults, to the extent that research is available;
[(11) encourage participating families to attend
regularly and to remain in the program a sufficient
time to meet their program goals;
[(12) include reading-readiness activities for
preschool children based on scientifically based
reading research, to the extent available, to ensure
that children enter school ready to learn to read;
[(13) if applicable, promote the continuity of family
literacy to ensure that individuals retain and improve
their educational outcomes;
[(14) ensure that the programs will serve those
families most in need of the activities and services
provided by this subpart; and
[(15) provide for an independent evaluation of the
program, to be used for program improvement.
[SEC. 1236. ELIGIBLE PARTICIPANTS.
[(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
[(1) a parent or parents--
[(A) who are eligible for participation in
adult education and literacy activities under
the Adult Education and Family Literacy Act; or
[(B) who are within the State's compulsory
school attendance age range, so long as a local
educational agency provides (or ensures the
availability of) the basic education component
required under this subpart, or who are
attending secondary school; and
[(2) the child or children, from birth through age 7,
of any individual described in paragraph (1).
[(b) Eligibility for Certain Other Participants.--
[(1) In general.--Family members of eligible
participants described in subsection (a) may
participate in activities and services provided under
this subpart, when appropriate to serve the purpose of
this subpart.
[(2) Special rule.--Any family participating in a
program assisted under this subpart that becomes
ineligible to participate as a result of one or more
members of the family becoming ineligible to
participate may continue to participate in the program
until all members of the family become ineligible to
participate, which--
[(A) in the case of a family in which
ineligibility was due to the child or children
of the family attaining the age of 8, shall be
in 2 years or when the parent or parents become
ineligible due to educational advancement,
whichever occurs first; and
[(B) in the case of a family in which
ineligibility was due to the educational
advancement of the parent or parents of the
family, shall be when all children in the
family attain the age of 8.
[(3) Children 8 years of age or older.--If an Even
Start program assisted under this subpart collaborates
with a program under part A, and funds received under
the part A program contribute to paying the cost of
providing programs under this subpart to children 8
years of age or older, the Even Start program may,
notwithstanding subsection (a)(2), permit the
participation of children 8 years of age or older if
the focus of the program continues to remain on
families with young children.
[SEC. 1237. APPLICATIONS.
[(a) Submission.--To be eligible to receive a subgrant under
this subpart, an eligible entity shall submit an application to
the State educational agency in such form and containing or
accompanied by such information as the State educational agency
shall require.
[(b) Required Documentation.--Each application shall include
documentation, satisfactory to the State educational agency,
that the eligible entity has the qualified personnel needed--
[(1) to develop, administer, and implement an Even
Start program under this subpart; and
[(2) to provide access to the special training
necessary to prepare staff for the program, which may
be offered by an eligible organization.
[(c) Plan.--
[(1) In general.--The application shall also include
a plan of operation and continuous improvement for the
program, that includes--
[(A) a description of the program objectives,
strategies to meet those objectives, and how
those strategies and objectives are consistent
with the program indicators established by the
State;
[(B) a description of the activities and
services that will be provided under the
program, including a description of how the
program will incorporate the program elements
required by section 1235;
[(C) a description of the population to be
served and an estimate of the number of
participants to be served;
[(D) as appropriate, a description of the
applicant's collaborative efforts with
institutions of higher education, community-
based organizations, the State educational
agency, private elementary schools, or other
eligible organizations in carrying out the
program for which assistance is sought;
[(E) a statement of the methods that will be
used--
[(i) to ensure that the programs will
serve families most in need of the
activities and services provided by
this subpart;
[(ii) to provide services under this
subpart to individuals with special
needs, such as individuals with limited
English proficiency and individuals
with disabilities; and
[(iii) to encourage participants to
remain in the program for a time
sufficient to meet the program's
purpose;
[(F) a description of how the plan is
integrated with other programs under this Act
or other Acts, as appropriate; and
[(G) a description of how the plan provides
for rigorous and objective evaluation of
progress toward the program objectives
described in subparagraph (A) and for
continuing use of evaluation data for program
improvement.
[(2) Duration of the plan.--Each plan submitted under
paragraph (1) shall--
[(A) remain in effect for the duration of the
eligible entity's participation under this
subpart; and
[(B) be periodically reviewed and revised by
the eligible entity as necessary.
[(d) Consolidated Application.--The plan described in
subsection (c)(1) may be submitted as part of a consolidated
application under section 9305.
[SEC. 1238. AWARD OF SUBGRANTS.
[(a) Selection Process.--
[(1) In general.--The State educational agency shall
establish a review panel in accordance with paragraph
(3) that will approve applications that--
[(A) are most likely to be successful in--
[(i) meeting the purpose of this
subpart; and
[(ii) effectively implementing the
program elements required under section
1235;
[(B) demonstrate that the area to be served
by the program has a high percentage or a large
number of children and families who are in need
of those services as indicated by high levels
of poverty, illiteracy, unemployment, limited
English proficiency, or other need-related
indicators, such as a high percentage of
children to be served by the program who reside
in a school attendance area served by a local
educational agency eligible for participation
in programs under part A, a high number or
percentage of parents who have been victims of
domestic violence, or a high number or
percentage of parents who are receiving
assistance under a State program funded under
part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
[(C) provide services for at least a 3-year
age range, which may begin at birth;
[(D) demonstrate the greatest possible
cooperation and coordination between a variety
of relevant service providers in all phases of
the program;
[(E) include cost-effective budgets, given
the scope of the application;
[(F) demonstrate the applicant's ability to
provide the non-Federal share required by
section 1234(b);
[(G) are representative of urban and rural
regions of the State; and
[(H) show the greatest promise for providing
models that may be adopted by other family
literacy projects and other local educational
agencies.
[(2) Priority for subgrants.--The State educational
agency shall give priority for subgrants under this
subsection to applications that--
[(A) target services primarily to families
described in paragraph (1)(B); or
[(B) are located in areas designated as
empowerment zones or enterprise communities.
[(3) Review panel.--A review panel shall consist of
at least three members, including one early childhood
professional, one adult education professional, and one
individual with expertise in family literacy programs,
and may include other individuals, such as one or more
of the following:
[(A) A representative of a parent-child
education organization.
[(B) A representative of a community-based
literacy organization.
[(C) A member of a local board of education.
[(D) A representative of business and
industry with a commitment to education.
[(E) An individual who has been involved in
the implementation of programs under this title
in the State.
[(b) Duration.--
[(1) In general.--Subgrants under this subpart may be
awarded for a period not to exceed 4 years.
[(2) Startup period.--The State educational agency
may provide subgrant funds to an eligible recipient, at
the recipient's request, for a 3- to 6-month start-up
period during the first year of the 4-year grant
period, which may include staff recruitment and
training, and the coordination of services, before
requiring full implementation of the program.
[(3) Continuing eligibility.--In awarding subgrant
funds to continue a program under this subpart after
the first year, the State educational agency shall
review the progress of each eligible entity in meeting
the objectives of the program referred to in section
1237(c)(1)(A) and shall evaluate the program based on
the indicators of program quality developed by the
State under section 1240.
[(4) Insufficient progress.--The State educational
agency may refuse to award subgrant funds to an
eligible entity if the agency finds that the eligible
entity has not sufficiently improved the performance of
the program, as evaluated based on the indicators of
program quality developed by the State under section
1240, after--
[(A) providing technical assistance to the
eligible entity; and
[(B) affording the eligible entity notice and
an opportunity for a hearing.
[(5) Grant renewal.--(A) An eligible entity that has
previously received a subgrant under this subpart may
reapply under this subpart for additional subgrants.
[(B) The Federal share of any subgrant renewed under
subparagraph (A) shall be limited in accordance with
section 1234(b).
[SEC. 1239. EVALUATION.
[From funds reserved under section 1232(b)(1), the Secretary
shall provide for an independent evaluation of programs
assisted under this subpart--
[(1) to determine the performance and effectiveness
of programs assisted under this subpart;
[(2) to identify effective Even Start programs
assisted under this subpart that can be duplicated and
used in providing technical assistance to Federal,
State, and local programs; and
[(3) to provide State educational agencies and
eligible entities receiving a subgrant under this
subpart, directly or through a grant or contract with
an organization with experience in the development and
operation of successful family literacy services,
technical assistance to ensure that local evaluations
undertaken under section 1235(15) provide accurate
information on the effectiveness of programs assisted
under this subpart.
[SEC. 1240. INDICATORS OF PROGRAM QUALITY.
[Each State educational agency receiving funds under this
subpart shall develop, based on the best available research and
evaluation data, indicators of program quality for programs
assisted under this subpart. The indicators shall be used to
monitor, evaluate, and improve those programs within the State.
The indicators shall include the following:
[(1) With respect to eligible participants in a
program who are adults--
[(A) achievement in the areas of reading,
writing, English-language acquisition, problem
solving, and numeracy;
[(B) receipt of a secondary school diploma or
a general equivalency diploma (GED);
[(C) entry into a postsecondary school, job
retraining program, or employment or career
advancement, including the military; and
[(D) such other indicators as the State may
develop.
[(2) With respect to eligible participants in a
program who are children--
[(A) improvement in ability to read on grade
level or reading readiness;
[(B) school attendance;
[(C) grade retention and promotion; and
[(D) such other indicators as the State may
develop.
[SEC. 1241. RESEARCH.
[(a) In General.--The Secretary shall carry out, through
grant or contract, research into the components of successful
family literacy services, in order to--
[(1) improve the quality of existing programs
assisted under this subpart or other family literacy
programs carried out under this Act or the Adult
Education and Family Literacy Act; and
[(2) develop models for new programs to be carried
out under this Act or the Adult Education and Family
Literacy Act.
[(b) Scientifically Based Research on Family Literacy.--
[(1) In general.--From amounts reserved under section
1232(b)(2), the National Institute for Literacy, in
consultation with the Secretary, shall carry out
research that--
[(A) is scientifically based reading
research; and
[(B) determines--
[(i) the most effective ways of
improving the literacy skills of adults
with reading difficulties; and
[(ii) how family literacy services
can best provide parents with the
knowledge and skills the parents need
to support their children's literacy
development.
[(2) Use of expert entity.--The National Institute
for Literacy, in consultation with the Secretary, shall
carry out the research under paragraph (1) through an
entity, including a Federal agency, that has expertise
in carrying out longitudinal studies of the development
of literacy skills in children and has developed
effective interventions to help children with reading
difficulties.
[(c) Dissemination.--The National Institute for Literacy
shall disseminate, pursuant to section 1207, the results of the
research described in subsections (a) and (b) to State
educational agencies and recipients of subgrants under this
subpart.
[SEC. 1242. CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving students
participating in Even Start simultaneously with students with
similar educational needs, in the same educational settings
where appropriate.
[Subpart 4--Improving Literacy Through School Libraries
[SEC. 1251. IMPROVING LITERACY THROUGH SCHOOL LIBRARIES.
[(a) Purposes.--The purpose of this subpart is to improve
literacy skills and academic achievement of students by
providing students with increased access to up-to-date school
library materials, a well-equipped, technologically advanced
school library media center, and well-trained, professionally
certified school library media specialists.
[(b) Reservation.--From the funds appropriated under section
1002(b)(4) for a fiscal year, the Secretary shall reserve--
[(1) one-half of 1 percent to award assistance under
this section to the Bureau of Indian Affairs to carry
out activities consistent with the purpose of this
subpart; and
[(2) one-half of 1 percent to award assistance under
this section to the outlying areas according to their
respective needs for assistance under this subpart.
[(c) Grants.--
[(1) Competitive grants to eligible local educational
agencies.--If the amount of funds appropriated under
section 1002(b)(4) for a fiscal year is less than
$100,000,000, then the Secretary shall award grants, on
a competitive basis, to eligible local educational
agencies under subsection (e).
[(2) Formula grants to states.--If the amount of
funds appropriated under section 1002(b)(4) for a
fiscal year equals or exceeds $100,000,000, then the
Secretary shall award grants to State educational
agencies from allotments under subsection (d).
[(3) Definition of eligible local educational
agency.--In this section the term ``eligible local
educational agency'' means--
[(A) in the case of a local educational
agency receiving assistance made available
under paragraph (1), a local educational agency
in which 20 percent of the students served by
the local educational agency are from families
with incomes below the poverty line; and
[(B) in the case of a local educational
agency receiving assistance from State
allocations made available under paragraph (2),
a local educational agency in which--
[(i) 15 percent of the students who
are served by the local educational
agency are from such families; or
[(ii) the percentage of students from
such families who are served by the
local educational agency is greater
than the statewide percentage of
children from such families.
[(d) State Grants.--
[(1) Allotments.--From funds made available under
subsection (c)(2) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
allot to each State educational agency having an
application approved under subsection (f)(1) an amount
that bears the same relation to the funds as the amount
the State educational agency received under part A for
the preceding fiscal year bears to the amount all such
State educational agencies received under part A for
the preceding fiscal year, to increase literacy and
reading skills by improving school libraries.
[(2) Competitive grants to eligible local educational
agencies.--Each State educational agency receiving an
allotment under paragraph (1) for a fiscal year--
[(A) may reserve not more than 3 percent of
the allotted funds to provide technical
assistance, disseminate information about
school library media programs that are
effective and based on scientifically based
research, and pay administrative costs related
to activities under this section; and
[(B) shall use the allotted funds that remain
after making the reservation under subparagraph
(A) to award grants, for a period of 1 year, on
a competitive basis, to eligible local
educational agencies in the State that have an
application approved under subsection (f)(2)
for activities described in subsection (g).
[(3) Reallotment.--If a State educational agency does
not apply for an allotment under this section for any
fiscal year, or if the State educational agency's
application is not approved, the Secretary shall
reallot the amount of the State educational agency's
allotment to the remaining State educational agencies
in accordance with paragraph (1).
[(e) Direct Competitive Grants to Eligible Local Educational
Agencies.--
[(1) In general.--From amounts made available under
subsection (c)(1) and not reserved under subsections
(b) and (j) for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible local
educational agencies that have applications approved
under subsection (f)(2) for activities described in
subsection (g).
[(2) Duration.--The Secretary shall award grants
under this subsection for a period of 1 year.
[(3) Distribution.--The Secretary shall ensure that
grants under this subsection are equitably distributed
among the different geographic regions of the United
States, and among local educational agencies serving
urban and rural areas.
[(f) Applications.--
[(1) State educational agency.--Each State
educational agency desiring assistance under this
section shall submit to the Secretary an application at
such time, in such manner, and containing such
information as the Secretary shall require. The
application shall contain a description of--
[(A) how the State educational agency will
assist eligible local educational agencies in
meeting the requirements of this section and in
using scientifically based research to
implement effective school library media
programs; and
[(B) the standards and techniques the State
educational agency will use to evaluate the
quality and impact of activities carried out
under this section by eligible local
educational agencies to determine the need for
technical assistance and whether to continue to
provide additional funding to the agencies
under this section.
[(2) Eligible local educational agency.--Each
eligible local educational agency desiring assistance
under this section shall submit to the Secretary or
State educational agency, as appropriate, an
application at such time, in such manner, and
containing such information as the Secretary or State
educational agency, respectively, shall require. The
application shall contain a description of--
[(A) a needs assessment relating to the need
for school library media improvement, based on
the age and condition of school library media
resources, including book collections, access
of school library media centers to advanced
technology, and the availability of well-
trained, professionally certified school
library media specialists, in schools served by
the eligible local educational agency;
[(B) the manner in which the eligible local
educational agency will use the funds made
available through the grant to carry out the
activities described in subsection (g);
[(C) how the eligible local educational
agency will extensively involve school library
media specialists, teachers, administrators,
and parents in the activities assisted under
this section, and the manner in which the
eligible local educational agency will carry
out the activities described in subsection (g)
using programs and materials that are grounded
in scientifically based research;
[(D) the manner in which the eligible local
educational agency will effectively coordinate
the funds and activities provided under this
section with Federal, State, and local funds
and activities under this subpart and other
literacy, library, technology, and professional
development funds and activities; and
[(E) the manner in which the eligible local
educational agency will collect and analyze
data on the quality and impact of activities
carried out under this section by schools
served by the eligible local educational
agency.
[(g) Local Activities.--Funds under this section may be used
to--
[(1) acquire up-to-date school library media
resources, including books;
[(2) acquire and use advanced technology,
incorporated into the curricula of the school, to
develop and enhance the information literacy,
information retrieval, and critical thinking skills of
students;
[(3) facilitate Internet links and other resource-
sharing networks among schools and school library media
centers, and public and academic libraries, where
possible;
[(4) provide professional development described in
section 1222(d)(2) for school library media
specialists, and activities that foster increased
collaboration between school library media specialists,
teachers, and administrators; and
[(5) provide students with access to school libraries
during nonschool hours, including the hours before and
after school, during weekends, and during summer
vacation periods.
[(h) Accountability and Reporting.--
[(1) Local reports.--Each eligible local educational
agency that receives funds under this section for a
fiscal year shall report to the Secretary or State
educational agency, as appropriate, on how the funding
was used and the extent to which the availability of,
the access to, and the use of, up-to-date school
library media resources in the elementary schools and
secondary schools served by the eligible local
educational agency was increased.
[(2) State report.--Each State educational agency
that receives funds under this section shall compile
the reports received under paragraph (1) and submit the
compiled reports to the Secretary.
[(i) Supplement, Not Supplant.--Funds made available under
this section shall be used to supplement, and not supplant,
other Federal, State, and local funds expended to carry out
activities relating to library, technology, or professional
development activities.
[(j) National Activities.--
[(1) Evaluations.--From the funds appropriated under
section 1002(b)(4) for each fiscal year, the Secretary
shall reserve not more than 1 percent for annual,
independent, national evaluations of the activities
assisted under this section and their impact on
improving the reading skills of students. The
evaluations shall be conducted not later than 3 years
after the date of enactment of the No Child Left Behind
Act of 2001, and biennially thereafter.
[(2) Report to congress.--The Secretary shall
transmit the State reports received under subsection
(h)(2) and the evaluations conducted under paragraph
(1) to the Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on Education
and the Workforce of the House of Representatives.
[PART C--EDUCATION OF MIGRATORY CHILDREN
[SEC. 1301. PROGRAM PURPOSE.
[It is the purpose of this part to assist States to--
[(1) support high-quality and comprehensive
educational programs for migratory children to help
reduce the educational disruptions and other problems
that result from repeated moves;
[(2) ensure that migratory children who move among
the States are not penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and State academic content and student
academic achievement standards;
[(3) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a
coordinated and efficient manner;
[(4) ensure that migratory children receive full and
appropriate opportunities to meet the same challenging
State academic content and student academic achievement
standards that all children are expected to meet;
[(5) design programs to help migratory children
overcome educational disruption, cultural and language
barriers, social isolation, various health-related
problems, and other factors that inhibit the ability of
such children to do well in school, and to prepare such
children to make a successful transition to
postsecondary education or employment; and
[(6) ensure that migratory children benefit from
State and local systemic reforms.
[SEC. 1302. PROGRAM AUTHORIZED.
[In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies, or
combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this part.
[SEC. 1303. STATE ALLOCATIONS.
[(a) State Allocations.--
[(1) Fiscal year 2002.--For fiscal year 2002, each
State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this part an amount equal
to--
[(A) the sum of the estimated number of
migratory children aged 3 through 21 who reside
in the State full time and the full-time
equivalent of the estimated number of migratory
children aged 3 through 21 who reside in the
State part time, as determined in accordance
with subsection (e); multiplied by
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this paragraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Subsequent years.--
[(A) Base amount.--
[(i) In general.--Except as provided
in subsection (b) and clause (ii), each
State (other than the Commonwealth of
Puerto Rico) is entitled to receive
under this part, for fiscal year 2003
and succeeding fiscal years, an amount
equal to--
[(I) the amount that such
State received under this part
for fiscal year 2002; plus
[(II) the amount allocated to
the State under subparagraph
(B).
[(ii) Nonparticipating states.--In
the case of a State (other than the
Commonwealth of Puerto Rico) that did
not receive any funds for fiscal year
2002 under this part, the State shall
receive, for fiscal year 2003 and
succeeding fiscal years, an amount
equal to--
[(I) the amount that such
State would have received under
this part for fiscal year 2002
if its application under
section 1304 for the year had
been approved; plus
[(II) the amount allocated to
the State under subparagraph
(B).
[(B) Allocation of additional amount.--For
fiscal year 2003 and succeeding fiscal years,
the amount (if any) by which the funds
appropriated to carry out this part for the
year exceed such funds for fiscal year 2002
shall be allocated to a State (other than the
Commonwealth of Puerto Rico) so that the State
receives an amount equal to--
[(i) the sum of--
[(I) the number of identified
eligible migratory children,
aged 3 through 21, residing in
the State during the previous
year; and
[(II) the number of
identified eligible migratory
children, aged 3 through 21,
who received services under
this part in summer or
intersession programs provided
by the State during such year;
multiplied by
[(ii) 40 percent of the average per-
pupil expenditure in the State, except
that the amount determined under this
clause may not be less than 32 percent,
or more than 48 percent, of the average
per-pupil expenditure in the United
States.
[(b) Allocation to Puerto Rico.--
[(1) In general.--For each fiscal year, the grant
which the Commonwealth of Puerto Rico shall be eligible
to receive under this part shall be the amount
determined by multiplying the number of children who
would be counted under subsection (a)(1)(A) if such
subsection applied to the Commonwealth of Puerto Rico
by the product of--
[(A) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
[(B) 32 percent of the average per-pupil
expenditure in the United States.
[(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
[(A) for fiscal year 2002, 77.5 percent;
[(B) for fiscal year 2003, 80.0 percent;
[(C) for fiscal year 2004, 82.5 percent; and
[(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
[(3) Limitation.--If the application of paragraph (2)
for any fiscal year would result in any of the 50
States or the District of Columbia receiving less under
this part than it received under this part for the
preceding fiscal year, then the percentage described in
paragraph (1)(A) that is used for the Commonwealth of
Puerto Rico for the fiscal year for which the
determination is made shall be the greater of the
percentage in paragraph (1)(A) for such fiscal year or
the percentage used for the preceding fiscal year.
[(c) Ratable Reductions; Reallocations.--
[(1) In general.--(A) If, after the Secretary
reserves funds under section 1308(c), the amount
appropriated to carry out this part for any fiscal year
is insufficient to pay in full the amounts for which
all States are eligible, the Secretary shall ratably
reduce each such amount.
[(B) If additional funds become available for making
such payments for any fiscal year, the Secretary shall
allocate such funds to States in amounts that the
Secretary determines will best carry out the purpose of
this part.
[(2) Special rule.--(A) The Secretary shall further
reduce the amount of any grant to a State under this
part for any fiscal year if the Secretary determines,
based on available information on the numbers and needs
of migratory children in the State and the program
proposed by the State to address such needs, that such
amount exceeds the amount required under section 1304.
[(B) The Secretary shall reallocate such excess funds
to other States whose grants under this part would
otherwise be insufficient to provide an appropriate
level of services to migratory children, in such
amounts as the Secretary determines are appropriate.
[(d) Consortium Arrangements.--
[(1) In general.--In the case of a State that
receives a grant of $1,000,000 or less under this
section, the Secretary shall consult with the State
educational agency to determine whether consortium
arrangements with another State or other appropriate
entity would result in delivery of services in a more
effective and efficient manner.
[(2) Proposals.--Any State, regardless of the amount
of such State's allocation, may submit a consortium
arrangement to the Secretary for approval.
[(3) Approval.--The Secretary shall approve a
consortium arrangement under paragraph (1) or (2) if
the proposal demonstrates that the arrangement will--
[(A) reduce administrative costs or program
function costs for State programs; and
[(B) make more funds available for direct
services to add substantially to the welfare or
educational attainment of children to be served
under this part.
[(e) Determining Numbers of Eligible Children.--In order to
determine the estimated number of migratory children residing
in each State for purposes of this section, the Secretary
shall--
[(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory
children;
[(2) develop and implement a procedure for more
accurately reflecting cost factors for different types
of summer and intersession program designs;
[(3) adjust the full-time equivalent number of
migratory children who reside in each State to take
into account--
[(A) the special needs of those children
participating in special programs provided
under this part that operate during the summer
and intersession periods; and
[(B) the additional costs of operating such
programs; and
[(4) conduct an analysis of the options for adjusting
the formula so as to better direct services to the
child whose education has been interrupted.
[SEC. 1304. STATE APPLICATIONS; SERVICES.
[(a) Application Required.--Any State desiring to receive a
grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
[(b) Program Information.--Each such application shall
include--
[(1) a description of how, in planning, implementing,
and evaluating programs and projects assisted under
this part, the State and its local operating agencies
will ensure that the special educational needs of
migratory children, including preschool migratory
children, are identified and addressed through--
[(A) the full range of services that are
available for migratory children from
appropriate local, State, and Federal
educational programs;
[(B) joint planning among local, State, and
Federal educational programs serving migrant
children, including language instruction
educational programs under part A or B of title
III;
[(C) the integration of services available
under this part with services provided by those
other programs; and
[(D) measurable program goals and outcomes;
[(2) a description of the steps the State is taking
to provide all migratory students with the opportunity
to meet the same challenging State academic content
standards and challenging State student academic
achievement standards that all children are expected to
meet;
[(3) a description of how the State will use funds
received under this part to promote interstate and
intrastate coordination of services for migratory
children, including how, consistent with procedures the
Secretary may require, the State will provide for
educational continuity through the timely transfer of
pertinent school records, including information on
health, when children move from one school to another,
whether or not such move occurs during the regular
school year;
[(4) a description of the State's priorities for the
use of funds received under this part, and how such
priorities relate to the State's assessment of needs
for services in the State;
[(5) a description of how the State will determine
the amount of any subgrants the State will award to
local operating agencies, taking into account the
numbers and needs of migratory children, the
requirements of subsection (d), and the availability of
funds from other Federal, State, and local programs;
[(6) such budgetary and other information as the
Secretary may require; and
[(7) a description of how the State will encourage
programs and projects assisted under this part to offer
family literacy services if the program or project
serves a substantial number of migratory children who
have parents who do not have a high school diploma or
its recognized equivalent or who have low levels of
literacy.
[(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
[(1) funds received under this part will be used
only--
[(A) for programs and projects, including the
acquisition of equipment, in accordance with
section 1306; and
[(B) to coordinate such programs and projects
with similar programs and projects within the
State and in other States, as well as with
other Federal programs that can benefit
migratory children and their families;
[(2) such programs and projects will be carried out
in a manner consistent with the objectives of section
1114, subsections (b) and (d) of section 1115,
subsections (b) and (c) of section 1120A, and part I;
[(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is consultation with parent advisory
councils for programs of 1 school year in duration, and
that all such programs and projects are carried out--
[(A) in a manner that provides for the same
parental involvement as is required for
programs and projects under section 1118,
unless extraordinary circumstances make such
provision impractical; and
[(B) in a format and language understandable
to the parents;
[(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate
provision for addressing the unmet education needs of
preschool migratory children;
[(5) the effectiveness of such programs and projects
will be determined, where feasible, using the same
approaches and standards that will be used to assess
the performance of students, schools, and local
educational agencies under part A;
[(6) to the extent feasible, such programs and
projects will provide for--
[(A) advocacy and outreach activities for
migratory children and their families,
including informing such children and families
of, or helping such children and families gain
access to, other education, health, nutrition,
and social services;
[(B) professional development programs,
including mentoring, for teachers and other
program personnel;
[(C) family literacy programs, including such
programs that use models developed under Even
Start;
[(D) the integration of information
technology into educational and related
programs; and
[(E) programs to facilitate the transition of
secondary school students to postsecondary
education or employment; and
[(7) the State will assist the Secretary in
determining the number of migratory children under
paragraphs (1)(A) and (2)(B)(i) of section 1303(a),
through such procedures as the Secretary may require.
[(d) Priority for Services.--In providing services with funds
received under this part, each recipient of such funds shall
give priority to migratory children who are failing, or most at
risk of failing, to meet the State's challenging State academic
content standards and challenging State student academic
achievement standards, and whose education has been interrupted
during the regular school year.
[(e) Continuation of Services.--Notwithstanding any other
provision of this part--
[(1) a child who ceases to be a migratory child
during a school term shall be eligible for services
until the end of such term;
[(2) a child who is no longer a migratory child may
continue to receive services for 1 additional school
year, but only if comparable services are not available
through other programs; and
[(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
[SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
[(a) Secretarial Approval.--The Secretary shall approve each
State application that meets the requirements of this part.
[(b) Peer Review.--The Secretary may review any such
application with the assistance and advice of State officials
and other individuals with relevant expertise.
[SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
[(a) Comprehensive Plan.--
[(1) In general.--Each State that receives assistance
under this part shall ensure that the State and its
local operating agencies identify and address the
special educational needs of migratory children in
accordance with a comprehensive State plan that--
[(A) is integrated with other programs under
this Act or other Acts, as appropriate;
[(B) may be submitted as a part of a
consolidated application under section 9302,
if--
[(i) the special needs of migratory
children are specifically addressed in
the comprehensive State plan;
[(ii) the comprehensive State plan is
developed in collaboration with parents
of migratory children; and
[(iii) the comprehensive State plan
is not used to supplant State efforts
regarding, or administrative funding
for, this part;
[(C) provides that migratory children will
have an opportunity to meet the same
challenging State academic content standards
and challenging State student academic
achievement standards that all children are
expected to meet;
[(D) specifies measurable program goals and
outcomes;
[(E) encompasses the full range of services
that are available for migratory children from
appropriate local, State, and Federal
educational programs;
[(F) is the product of joint planning among
such local, State, and Federal programs,
including programs under part A, early
childhood programs, and language instruction
educational programs under part A or B of title
III; and
[(G) provides for the integration of services
available under this part with services
provided by such other programs.
[(2) Duration of the plan.--Each such comprehensive
State plan shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(b) Authorized Activities.--
[(1) Flexibility.--In implementing the comprehensive
plan described in subsection (a), each State
educational agency, where applicable through its local
educational agencies, shall have the flexibility to
determine the activities to be provided with funds made
available under this part, except that such funds first
shall be used to meet the identified needs of migratory
children that result from their migratory lifestyle,
and to permit these children to participate effectively
in school.
[(2) Unaddressed needs.--Funds provided under this
part shall be used to address the needs of migratory
children that are not addressed by services available
from other Federal or non-Federal programs, except that
migratory children who are eligible to receive services
under part A may receive those services through funds
provided under that part, or through funds under this
part that remain after the agency addresses the needs
described in paragraph (1).
[(3) Construction.--Nothing in this part shall be
construed to prohibit a local educational agency from
serving migratory children simultaneously with students
with similar educational needs in the same educational
settings, where appropriate.
[(4) Special rule.--Notwithstanding section 1114, a
school that receives funds under this part shall
continue to address the identified needs described in
paragraph (1), and shall meet the special educational
needs of migratory children before using funds under
this part for schoolwide programs under section 1114.
[SEC. 1307. BYPASS.
[The Secretary may use all or part of any State's allocation
under this part to make arrangements with any public or private
nonprofit agency to carry out the purpose of this part in such
State if the Secretary determines that--
[(1) the State is unable or unwilling to conduct
educational programs for migratory children;
[(2) such arrangements would result in more efficient
and economic administration of such programs; or
[(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
[SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
[(a) Improvement of Coordination.--
[(1) In general.--The Secretary, in consultation with
the States, may make grants to, or enter into contracts
with, State educational agencies, local educational
agencies, institutions of higher education, and other
public and private nonprofit entities to improve the
interstate and intrastate coordination among such
agencies' educational programs, including the
establishment or improvement of programs for credit
accrual and exchange, available to migratory students.
[(2) Duration.--Grants under this subsection may be
awarded for not more than 5 years.
[(b) Student Records.--
[(1) Assistance.--The Secretary shall assist States
in developing effective methods for the electronic
transfer of student records and in determining the
number of migratory children in each State.
[(2) Information system.--
[(A) In general.--The Secretary, in
consultation with the States, shall ensure the
linkage of migrant student record systems for
the purpose of electronically exchanging, among
the States, health and educational information
regarding all migratory students. The Secretary
shall ensure such linkage occurs in a cost-
effective manner, utilizing systems used by the
States prior to, or developed after, the date
of enactment of the No Child Left Behind Act of
2001, and shall determine the minimum data
elements that each State receiving funds under
this part shall collect and maintain. Such
elements may include--
[(i) immunization records and other
health information;
[(ii) elementary and secondary
academic history (including partial
credit), credit accrual, and results
from State assessments required under
section 1111(b);
[(iii) other academic information
essential to ensuring that migratory
children achieve to high standards; and
[(iv) eligibility for services under
the Individuals with Disabilities
Education Act.
[(B) Notice and comment.--After consulting
with the States under subparagraph (A), the
Secretary shall publish a notice in the Federal
Register seeking public comment on the proposed
data elements that each State receiving funds
under this part shall be required to collect
for purposes of electronic transfer of
migratory student information and the
requirements that States shall meet for
immediate electronic access to such
information. Such publication shall occur not
later than 120 days after the date of enactment
of the No Child Left Behind Act of 2001.
[(3) No cost for certain transfers.--A State
educational agency or local educational agency
receiving assistance under this part shall make student
records available to another State educational agency
or local educational agency that requests the records
at no cost to the requesting agency, if the request is
made in order to meet the needs of a migratory child.
[(4) Report to congress.--
[(A) In general.--Not later than April 30,
2003, the Secretary shall report to the
Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives the Secretary's findings and
recommendations regarding the maintenance and
transfer of health and educational information
for migratory students by the States.
[(B) Required contents.--The Secretary shall
include in such report--
[(i) a review of the progress of
States in developing and linking
electronic records transfer systems;
[(ii) recommendations for the
development and linkage of such
systems; and
[(iii) recommendations for measures
that may be taken to ensure the
continuity of services provided for
migratory students.
[(c) Availability of Funds.--For the purpose of carrying out
this section in any fiscal year, the Secretary shall reserve
not more than $10,000,000 of the amount appropriated to carry
out this part for such year.
[(d) Incentive Grants.--From the amounts made available to
carry out this section for any fiscal year, the Secretary may
reserve not more than $3,000,000 to award grants of not more
than $250,000 on a competitive basis to State educational
agencies that propose a consortium arrangement with another
State or other appropriate entity that the Secretary
determines, pursuant to criteria that the Secretary shall
establish, will improve the delivery of services to migratory
children whose education is interrupted.
[(e) Data Collection.--The Secretary shall direct the
National Center for Education Statistics to collect data on
migratory children.
[SEC. 1309. DEFINITIONS.
[As used in this part:
[(1) Local operating agency.--The term ``local
operating agency'' means--
[(A) a local educational agency to which a
State educational agency makes a subgrant under
this part;
[(B) a public or nonprofit private agency
with which a State educational agency or the
Secretary makes an arrangement to carry out a
project under this part; or
[(C) a State educational agency, if the State
educational agency operates the State's migrant
education program or projects directly.
[(2) Migratory child.--The term ``migratory child''
means a child who is, or whose parent or spouse is, a
migratory agricultural worker, including a migratory
dairy worker, or a migratory fisher, and who, in the
preceding 36 months, in order to obtain, or accompany
such parent or spouse, in order to obtain, temporary or
seasonal employment in agricultural or fishing work--
[(A) has moved from one school district to
another;
[(B) in a State that is comprised of a single
school district, has moved from one
administrative area to another within such
district; or
[(C) resides in a school district of more
than 15,000 square miles, and migrates a
distance of 20 miles or more to a temporary
residence to engage in a fishing activity.
[PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT-RISK
[SEC. 1401. PURPOSE AND PROGRAM AUTHORIZATION.
[(a) Purpose.--It is the purpose of this part--
[(1) to improve educational services for children and
youth in local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same challenging
State academic content standards and challenging State
student academic achievement standards that all
children in the State are expected to meet;
[(2) to provide such children and youth with the
services needed to make a successful transition from
institutionalization to further schooling or
employment; and
[(3) to prevent at-risk youth from dropping out of
school, and to provide dropouts, and children and youth
returning from correctional facilities or institutions
for neglected or delinquent children and youth, with a
support system to ensure their continued education.
[(b) Program Authorized.--In order to carry out the purpose
of this part and from amounts appropriated under section
1002(d), the Secretary shall make grants to State educational
agencies to enable such agencies to award subgrants to State
agencies and local educational agencies to establish or improve
programs of education for neglected, delinquent, or at-risk
children and youth.
[SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
[(a) Agency Subgrants.--Based on the allocation amount
computed under section 1412, the Secretary shall allocate to
each State educational agency an amount necessary to make
subgrants to State agencies under subpart 1.
[(b) Local Subgrants.--Each State shall retain, for the
purpose of carrying out subpart 2, funds generated throughout
the State under part A of this title based on children and
youth residing in local correctional facilities, or attending
community day programs for delinquent children and youth.
[Subpart 1--State Agency Programs
[SEC. 1411. ELIGIBILITY.
[A State agency is eligible for assistance under this subpart
if such State agency is responsible for providing free public
education for children and youth--
[(1) in institutions for neglected or delinquent
children and youth;
[(2) attending community day programs for neglected
or delinquent children and youth; or
[(3) in adult correctional institutions.
[SEC. 1412. ALLOCATION OF FUNDS.
[(a) Subgrants to State Agencies.--
[(1) In general.--Each State agency described in
section 1411 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this subpart, for each fiscal year, in an amount equal
to the product of--
[(A) the number of neglected or delinquent
children and youth described in section 1411
who--
[(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
[(ii) are enrolled for at least 20
hours per week--
[(I) in education programs in
institutions for neglected or
delinquent children and youth;
or
[(II) in community day
programs for neglected or
delinquent children and youth;
and
[(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
[(2) Special rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
[(A) be determined by the State agency by a
deadline set by the Secretary, except that no
State agency shall be required to determine the
number of such children and youth on a specific
date set by the Secretary; and
[(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
[(b) Subgrants to State Agencies in Puerto Rico.--
[(1) In general.--For each fiscal year, the amount of
the subgrant which a State agency in the Commonwealth
of Puerto Rico shall be eligible to receive under this
subpart shall be the amount determined by multiplying
the number of children counted under subsection
(a)(1)(A) for the Commonwealth of Puerto Rico by the
product of--
[(A) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
[(B) 32 percent of the average per-pupil
expenditure in the United States.
[(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than--
[(A) for fiscal year 2002, 77.5 percent;
[(B) for fiscal year 2003, 80.0 percent;
[(C) for fiscal year 2004, 82.5 percent; and
[(D) for fiscal year 2005 and succeeding
fiscal years, 85.0 percent.
[(3) Limitation.--If the application of paragraph (2)
would result in any of the 50 States or the District of
Columbia receiving less under this subpart than it
received under this subpart for the preceding fiscal
year, then the percentage described in paragraph (1)(A)
that is used for the Commonwealth of Puerto Rico for
the fiscal year for which the determination is made
shall be the greater of--
[(A) the percentage in paragraph (1)(A) for
such fiscal year; or
[(B) the percentage used for the preceding
fiscal year.
[(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount appropriated for any fiscal year
for subgrants under subsections (a) and (b) is insufficient to
pay the full amount for which all State agencies are eligible
under such subsections, the Secretary shall ratably reduce each
such amount.
[SEC. 1413. STATE REALLOCATION OF FUNDS.
[If a State educational agency determines that a State agency
does not need the full amount of the subgrant for which such
State agency is eligible under this subpart for any fiscal
year, the State educational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this part, in
such amounts as the State educational agency shall determine.
[SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
[(a) State Plan.--
[(1) In general.--Each State educational agency that
desires to receive a grant under this subpart shall
submit, for approval by the Secretary, a plan--
[(A) for meeting the educational needs of
neglected, delinquent, and at-risk children and
youth;
[(B) for assisting in the transition of
children and youth from correctional facilities
to locally operated programs; and
[(C) that is integrated with other programs
under this Act or other Acts, as appropriate.
[(2) Contents.--Each such State plan shall--
[(A) describe the program goals, objectives,
and performance measures established by the
State that will be used to assess the
effectiveness of the program in improving the
academic, vocational, and technical skills of
children in the program;
[(B) provide that, to the extent feasible,
such children will have the same opportunities
to achieve as such children would have if such
children were in the schools of local
educational agencies in the State; and
[(C) contain an assurance that the State
educational agency will--
[(i) ensure that programs assisted
under this subpart will be carried out
in accordance with the State plan
described in this subsection;
[(ii) carry out the evaluation
requirements of section 1431;
[(iii) ensure that the State agencies
receiving subgrants under this subpart
comply with all applicable statutory
and regulatory requirements; and
[(iv) provide such other information
as the Secretary may reasonably
require.
[(3) Duration of the plan.--Each such State plan
shall--
[(A) remain in effect for the duration of the
State's participation under this part; and
[(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
part.
[(b) Secretarial Approval and Peer Review.--
[(1) Secretarial approval.--The Secretary shall
approve each State plan that meets the requirements of
this subpart.
[(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
[(c) State Agency Applications.--Any State agency that
desires to receive funds to carry out a program under this
subpart shall submit an application to the State educational
agency that--
[(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served under
this subpart;
[(2) provide an assurance that in making services
available to children and youth in adult correctional
institutions, priority will be given to such children
and youth who are likely to complete incarceration
within a 2-year period;
[(3) describes the program, including a budget for
the first year of the program, with annual updates to
be provided to the State educational agency;
[(4) describes how the program will meet the goals
and objectives of the State plan;
[(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1416 are of high quality;
[(6) describes how the State agency will carry out
the evaluation requirements of section 9601 and how the
results of the most recent evaluation will be used to
plan and improve the program;
[(7) includes data showing that the State agency has
maintained the fiscal effort required of a local
educational agency, in accordance with section 9521;
[(8) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of Public Law 105-220,
vocational and technical education programs, State and
local dropout prevention programs, and special
education programs;
[(9) describes how the State agency will encourage
correctional facilities receiving funds under this
subpart to coordinate with local educational agencies
or alternative education programs attended by
incarcerated children and youth prior to their
incarceration to ensure that student assessments and
appropriate academic records are shared jointly between
the correctional facility and the local educational
agency or alternative education program;
[(10) describes how appropriate professional
development will be provided to teachers and other
staff;
[(11) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for
issues relating to the transition of children and youth
from such facility or institution to locally operated
programs;
[(12) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring
for participating children and youth;
[(13) provides an assurance that the State agency
will assist in locating alternative programs through
which students can continue their education if the
students are not returning to school after leaving the
correctional facility or institution for neglected or
delinquent children and youth;
[(14) provides assurances that the State agency will
work with parents to secure parents' assistance in
improving the educational achievement of their children
and youth, and preventing their children's and youth's
further involvement in delinquent activities;
[(15) provides an assurance that the State agency
will work with children and youth with disabilities in
order to meet an existing individualized education
program and an assurance that the agency will notify
the child's or youth's local school if the child or
youth--
[(A) is identified as in need of special
education services while the child or youth is
in the correctional facility or institution for
neglected or delinquent children and youth; and
[(B) intends to return to the local school;
[(16) provides an assurance that the State agency
will work with children and youth who dropped out of
school before entering the correctional facility or
institution for neglected or delinquent children and
youth to encourage the children and youth to reenter
school once the term of the incarceration is completed
or provide the child or youth with the skills necessary
to gain employment, continue the education of the child
or youth, or achieve a secondary school diploma or its
recognized equivalent if the child or youth does not
intend to return to school;
[(17) provides an assurance that teachers and other
qualified staff are trained to work with children and
youth with disabilities and other students with special
needs taking into consideration the unique needs of
such students;
[(18) describes any additional services to be
provided to children and youth, such as career
counseling, distance learning, and assistance in
securing student loans and grants; and
[(19) provides an assurance that the program under
this subpart will be coordinated with any programs
operated under the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or
other comparable programs, if applicable.
[SEC. 1415. USE OF FUNDS.
[(a) Uses.--
[(1) In general.--A State agency shall use funds
received under this subpart only for programs and
projects that--
[(A) are consistent with the State plan under
section 1414(a); and
[(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, vocational or technical training,
further education, or employment.
[(2) Programs and projects.--Such programs and
projects--
[(A) may include the acquisition of
equipment;
[(B) shall be designed to support educational
services that--
[(i) except for institution-wide
projects under section 1416, are
provided to children and youth
identified by the State agency as
failing, or most at-risk of failing, to
meet the State's challenging academic
content standards and student academic
achievement standards;
[(ii) supplement and improve the
quality of the educational services
provided to such children and youth by
the State agency; and
[(iii) afford such children and youth
an opportunity to meet challenging
State academic achievement standards;
[(C) shall be carried out in a manner
consistent with section 1120A and part I (as
applied to programs and projects under this
part); and
[(D) may include the costs of meeting the
evaluation requirements of section 9601.
[(b) Supplement, Not Supplant.--A program under this subpart
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the supplement, not supplant requirement of section
1120A (as applied to this part) without regard to the subject
areas in which instruction is given during those hours.
[SEC. 1416. INSTITUTION-WIDE PROJECTS.
[A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult correctional
institution) or attending a community-day program for such
children and youth may use funds received under this subpart to
serve all children in, and upgrade the entire educational
effort of, that institution or program if the State agency has
developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
[(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the
institution or program serving juveniles;
[(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a 2-year period;
[(3) describes the steps the State agency has taken,
or will take, to provide all children and youth under
age 21 with the opportunity to meet challenging State
academic content standards and student academic
achievement standards in order to improve the
likelihood that the children and youth will complete
secondary school, attain a secondary diploma or its
recognized equivalent, or find employment after leaving
the institution;
[(4) describes the instructional program, pupil
services, and procedures that will be used to meet the
needs described in paragraph (1), including, to the
extent feasible, the provision of mentors for the
children and youth described in paragraph (1);
[(5) specifically describes how such funds will be
used;
[(6) describes the measures and procedures that will
be used to assess student progress;
[(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community-day programs for
neglected or delinquent children and youth, and with
personnel from the State educational agency; and
[(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
[SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.
[If a State agency operates a program or project under this
subpart in which individual children or youth are likely to
participate for more than 1 year, the State educational agency
may approve the State agency's application for a subgrant under
this subpart for a period of not more than 3 years.
[SEC. 1418. TRANSITION SERVICES.
[(a) Transition Services.--Each State agency shall reserve
not less than 15 percent and not more than 30 percent of the
amount such agency receives under this subpart for any fiscal
year to support--
[(1) projects that facilitate the transition of
children and youth from State-operated institutions to
schools served by local educational agencies; or
[(2) the successful reentry of youth offenders, who
are age 20 or younger and have received a secondary
school diploma or its recognized equivalent, into
postsecondary education, or vocational and technical
training programs, through strategies designed to
expose the youth to, and prepare the youth for,
postsecondary education, or vocational and technical
training programs, such as--
[(A) preplacement programs that allow
adjudicated or incarcerated youth to audit or
attend courses on college, university, or
community college campuses, or through programs
provided in institutional settings;
[(B) worksite schools, in which institutions
of higher education and private or public
employers partner to create programs to help
students make a successful transition to
postsecondary education and employment; and
[(C) essential support services to ensure the
success of the youth, such as--
[(i) personal, vocational and
technical, and academic, counseling;
[(ii) placement services designed to
place the youth in a university,
college, or junior college program;
[(iii) information concerning, and
assistance in obtaining, available
student financial aid;
[(iv) counseling services; and
[(v) job placement services.
[(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
nonprofit organizations.
[(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
and youth simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
[SEC. 1419. EVALUATION; TECHNICAL ASSISTANCE; ANNUAL MODEL PROGRAM.
[The Secretary may reserve not more than 2.5 percent of the
amount made available to carry out this subpart for a fiscal
year--
[(1) to develop a uniform model to evaluate the
effectiveness of programs assisted under this subpart;
and
[(2) to provide technical assistance to and support
the capacity building of State agency programs assisted
under this subpart.
[Subpart 2--Local Agency Programs
[SEC. 1421. PURPOSE.
[The purpose of this subpart is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities--
[(1) to carry out high quality education programs to
prepare children and youth for secondary school
completion, training, employment, or further education;
[(2) to provide activities to facilitate the
transition of such children and youth from the
correctional program to further education or
employment; and
[(3) to operate programs in local schools for
children and youth returning from correctional
facilities, and programs which may serve at-risk
children and youth.
[SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
[(a) Local Subgrants.--With funds made available under
section 1402(b), the State educational agency shall award
subgrants to local educational agencies with high numbers or
percentages of children and youth residing in locally operated
(including county operated) correctional facilities for
children and youth (including facilities involved in community
day programs).
[(b) Special Rule.--A local educational agency that serves a
school operated by a correctional facility is not required to
operate a program of support for children and youth returning
from such school to a school that is not operated by a
correctional agency but served by such local educational
agency, if more than 30 percent of the children and youth
attending the school operated by the correctional facility will
reside outside the boundaries served by the local educational
agency after leaving such facility.
[(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this subpart.
[(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this subpart shall be designed primarily to meet the
transitional and academic needs of students returning to local
educational agencies or alternative education programs from
correctional facilities. Services to students at-risk of
dropping out of school shall not have a negative impact on
meeting the transitional and academic needs of the students
returning from correctional facilities.
[SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
[Each local educational agency desiring assistance under this
subpart shall submit an application to the State educational
agency that contains such information as the State educational
agency may require. Each such application shall include--
[(1) a description of the program to be assisted;
[(2) a description of formal agreements, regarding
the program to be assisted, between--
[(A) the local educational agency; and
[(B) correctional facilities and alternative
school programs serving children and youth
involved with the juvenile justice system;
[(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent children and youth to ensure
that such children and youth are participating in an
education program comparable to one operating in the
local school such youth would attend;
[(4) a description of the program operated by
participating schools for children and youth returning
from correctional facilities and, as appropriate, the
types of services that such schools will provide such
children and youth and other at-risk children and
youth;
[(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and
other special needs) of the children and youth who will
be returning from correctional facilities and, as
appropriate, other at-risk children and youth expected
to be served by the program, and a description of how
the school will coordinate existing educational
programs to meet the unique educational needs of such
children and youth;
[(6) as appropriate, a description of how schools
will coordinate with existing social, health, and other
services to meet the needs of students returning from
correctional facilities, at-risk children or youth, and
other participating children or youth, including
prenatal health care and nutrition services related to
the health of the parent and the child or youth,
parenting and child development classes, child care,
targeted reentry and outreach programs, referrals to
community resources, and scheduling flexibility;
[(7) as appropriate, a description of any
partnerships with local businesses to develop training,
curriculum-based youth entrepreneurship education, and
mentoring services for participating students;
[(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievement of their children, assist in
dropout prevention activities, and prevent the
involvement of their children in delinquent activities;
[(9) a description of how the program under this
subpart will be coordinated with other Federal, State,
and local programs, such as programs under title I of
Public Law 105-220 and vocational and technical
education programs serving at-risk children and youth;
[(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
[(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of children and youth returning from
correctional facilities;
[(12) a description of the efforts participating
schools will make to ensure correctional facilities
working with children and youth are aware of a child's
or youth's existing individualized education program;
and
[(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for children and youth interested in
continuing their education but unable to participate in
a regular public school program.
[SEC. 1424. USES OF FUNDS.
[Funds provided to local educational agencies under this
subpart may be used, as appropriate, for--
[(1) programs that serve children and youth returning
to local schools from correctional facilities, to
assist in the transition of such children and youth to
the school environment and help them remain in school
in order to complete their education;
[(2) dropout prevention programs which serve at-risk
children and youth, including pregnant and parenting
teens, children and youth who have come in contact with
the juvenile justice system, children and youth at
least 1 year behind their expected grade level, migrant
youth, immigrant youth, students with limited English
proficiency, and gang members;
[(3) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care, drug
and alcohol counseling, and mental health services,
will improve the likelihood such individuals will
complete their education;
[(4) special programs to meet the unique academic
needs of participating children and youth, including
vocational and technical education, special education,
career counseling, curriculum-based youth
entrepreneurship education, and assistance in securing
student loans or grants for postsecondary education;
and
[(5) programs providing mentoring and peer mediation.
[SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
[Each correctional facility entering into an agreement with a
local educational agency under section 1423(2) to provide
services to children and youth under this subpart shall--
[(1) where feasible, ensure that educational programs
in the correctional facility are coordinated with the
student's home school, particularly with respect to a
student with an individualized education program under
part B of the Individuals with Disabilities Education
Act;
[(2) if the child or youth is identified as in need
of special education services while in the correctional
facility, notify the local school of the child or youth
of such need;
[(3) where feasible, provide transition assistance to
help the child or youth stay in school, including
coordination of services for the family, counseling,
assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
[(4) provide support programs that encourage children
and youth who have dropped out of school to reenter
school once their term at the correctional facility has
been completed, or provide such children and youth with
the skills necessary to gain employment or seek a
secondary school diploma or its recognized equivalent;
[(5) work to ensure that the correctional facility is
staffed with teachers and other qualified staff who are
trained to work with children and youth with
disabilities taking into consideration the unique needs
of such children and youth;
[(6) ensure that educational programs in the
correctional facility are related to assisting students
to meet high academic achievement standards;
[(7) to the extent possible, use technology to assist
in coordinating educational programs between the
correctional facility and the community school;
[(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
[(9) coordinate funds received under this subpart
with other local, State, and Federal funds available to
provide services to participating children and youth,
such as funds made available under title I of Public
Law 105-220, and vocational and technical education
funds;
[(10) coordinate programs operated under this subpart
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable; and
[(11) if appropriate, work with local businesses to
develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for
children and youth.
[SEC. 1426. ACCOUNTABILITY.
[The State educational agency may--
[(1) reduce or terminate funding for projects under
this subpart if a local educational agency does not
show progress in reducing dropout rates for male
students and for female students over a 3-year period;
and
[(2) require correctional facilities or institutions
for neglected or delinquent children and youth to
demonstrate, after receiving assistance under this
subpart for 3 years, that there has been an increase in
the number of children and youth returning to school,
obtaining a secondary school diploma or its recognized
equivalent, or obtaining employment after such children
and youth are released.
[Subpart 3--General Provisions
[SEC. 1431. PROGRAM EVALUATIONS.
[(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or 2
shall evaluate the program, disaggregating data on
participation by gender, race, ethnicity, and age, not less
than once every 3 years, to determine the program's impact on
the ability of participants--
[(1) to maintain and improve educational achievement;
[(2) to accrue school credits that meet State
requirements for grade promotion and secondary school
graduation;
[(3) to make the transition to a regular program or
other education program operated by a local educational
agency;
[(4) to complete secondary school (or secondary
school equivalency requirements) and obtain employment
after leaving the correctional facility or institution
for neglected or delinquent children and youth; and
[(5) as appropriate, to participate in postsecondary
education and job training programs.
[(b) Exception.--The disaggregation required under subsection
(a) shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
[(c) Evaluation Measures.--In conducting each evaluation
under subsection (a), a State agency or local educational
agency shall use multiple and appropriate measures of student
progress.
[(d) Evaluation Results.--Each State agency and local
educational agency shall--
[(1) submit evaluation results to the State
educational agency and the Secretary; and
[(2) use the results of evaluations under this
section to plan and improve subsequent programs for
participating children and youth.
[SEC. 1432. DEFINITIONS.
[In this part:
[(1) Adult correctional institution.--The term
``adult correctional institution'' means a facility in
which persons (including persons under 21 years of age)
are confined as a result of a conviction for a criminal
offense.
[(2) At-risk.--The term ``at-risk'', when used with
respect to a child, youth, or student, means a school
aged individual who is at-risk of academic failure, has
a drug or alcohol problem, is pregnant or is a parent,
has come into contact with the juvenile justice system
in the past, is at least 1 year behind the expected
grade level for the age of the individual, has limited
English proficiency, is a gang member, has dropped out
of school in the past, or has a high absenteeism rate
at school.
[(3) Community day program.--The term ``community day
program'' means a regular program of instruction
provided by a State agency at a community day school
operated specifically for neglected or delinquent
children and youth.
[(4) Institution for neglected or delinquent children
and youth.--The term ``institution for neglected or
delinquent children and youth'' means--
[(A) a public or private residential
facility, other than a foster home, that is
operated for the care of children who have been
committed to the institution or voluntarily
placed in the institution under applicable
State law, due to abandonment, neglect, or
death of their parents or guardians; or
[(B) a public or private residential facility
for the care of children who have been
adjudicated to be delinquent or in need of
supervision.]
Subpart 2--Education of Migratory Children
SEC. 1131. PROGRAM PURPOSES.
The purposes of this subpart are as follows:
(1) To assist States in supporting high-quality and
comprehensive educational programs and services during
the school year, and as applicable, during summer or
intercession periods, that address the unique
educational needs of migratory children.
(2) To ensure that migratory children who move among
the States, not be penalized in any manner by
disparities among the States in curriculum, graduation
requirements, and State academic standards.
(3) To help such children succeed in school, meet the
State academic standards that all children are expected
to meet, and graduate from high school prepared for
postsecondary education and the workforce without the
need for remediation.
(4) To help such children overcome educational
disruption, cultural and language barriers, social
isolation, various health-related problems, and other
factors that inhibit the ability of such children to
succeed in school.
(5) To help such children benefit from State and
local systemic reforms.
SEC. 1132. PROGRAM AUTHORIZED.
(a) In General.--From the amounts appropriated under section
3(a)(1), the Secretary shall reserve 2.4 percent to carry out
this subpart.
(b) Grants Awarded.--From the amounts reserved under
subsection (a) and not reserved under section 1138(c), the
Secretary shall make allotments for the fiscal year to State
educational agencies, or consortia of such agencies, to
establish or improve, directly or through local operating
agencies, programs of education for migratory children in
accordance with this subpart.
SEC. 1133. STATE ALLOCATIONS.
(a) State Allocations.--Except as provided in subsection (c),
each State (other than the Commonwealth of Puerto Rico) is
entitled to receive under this subpart an amount equal to the
product of--
(1) the sum of--
(A) the average number of identified eligible
full-time equivalent migratory children aged 3
through 21 residing in the State, based on data
for the preceding 3 years; and
(B) the number of identified eligible
migratory children, aged 3 through 21, who
received services under this subpart in summer
or intersession programs provided by the State
during the previous year; multiplied by
(2) 40 percent of the average per-pupil expenditure
in the State, except that the amount determined under
this paragraph shall not be less than 32 percent, nor
more than 48 percent, of the average per-pupil
expenditure in the United States.
(b) Hold Harmless.--Notwithstanding subsection (a), for each
of fiscal years 2013 through 2015, no State shall receive less
than 90 percent of the State's allocation under this section
for the previous year.
(c) Allocation to Puerto Rico.--For each fiscal year, the
grant which the Commonwealth of Puerto Rico shall be eligible
to receive under this subpart shall be the amount determined by
multiplying the number of children who would be counted under
subsection (a)(1) if such subsection applied to the
Commonwealth of Puerto Rico by the product of--
(1) the percentage that the average per-pupil
expenditure in the Commonwealth of Puerto Rico is of
the lowest average per-pupil expenditure of any of the
50 States, except that the percentage calculated under
this subparagraph shall not be less than 85 percent;
and
(2) 32 percent of the average per-pupil expenditure
in the United States.
(d) Ratable Reductions; Reallocations.--
(1) In general.--
(A) Ratable reductions.--If, after the
Secretary reserves funds under section 1138(c),
the amount appropriated to carry out this
subpart for any fiscal year is insufficient to
pay in full the amounts for which all States
are eligible, the Secretary shall ratably
reduce each such amount.
(B) Reallocation.--If additional funds become
available for making such payments for any
fiscal year, the Secretary shall allocate such
funds to States in amounts that the Secretary
determines will best carry out the purpose of
this subpart.
(2) Special rule.--
(A) Further reductions.--The Secretary shall
further reduce the amount of any grant to a
State under this subpart for any fiscal year if
the Secretary determines, based on available
information on the numbers and needs of
migratory children in the State and the program
proposed by the State to address such needs,
that such amount exceeds the amount required
under section 1134.
(B) Reallocation.--The Secretary shall
reallocate such excess funds to other States
whose grants under this subpart would otherwise
be insufficient to provide an appropriate level
of services to migratory children, in such
amounts as the Secretary determines are
appropriate.
(e) Consortium Arrangements.--
(1) In general.--In the case of a State that receives
a grant of $1,000,000 or less under this section, the
Secretary shall consult with the State educational
agency to determine whether consortium arrangements
with another State or other appropriate entity would
result in delivery of services in a more effective and
efficient manner.
(2) Proposals.--Any State, regardless of the amount
of such State's allocation, may submit a consortium
arrangement to the Secretary for approval.
(3) Approval.--The Secretary shall approve a
consortium arrangement under paragraph (1) or (2) if
the proposal demonstrates that the arrangement will--
(A) reduce administrative costs or program
function costs for State programs; and
(B) make more funds available for direct
services to add substantially to the
educational achievement of children to be
served under this subpart.
(f) Determining Numbers of Eligible Children.--In order to
determine the identified number of migratory children residing
in each State for purposes of this section, the Secretary
shall--
(1) use the most recent information that most
accurately reflects the actual number of migratory
children;
(2) develop and implement a procedure for monitoring
the accuracy of such information;
(3) develop and implement a procedure for more
accurately reflecting cost factors for different types
of summer and intersession program designs;
(4) adjust the full-time equivalent number of
migratory children who reside in each State to take
into account--
(A) the unique needs of those children
participating in evidence-based or other
effective special programs provided under this
subpart that operate during the summer and
intersession periods; and
(B) the additional costs of operating such
programs; and
(5) conduct an analysis of the options for adjusting
the formula so as to better direct services to
migratory children, including the most at-risk
migratory children.
(g) Nonparticipating States.--In the case of a State desiring
to receive an allocation under this subpart for a fiscal year
that did not receive an allocation for the previous fiscal year
or that has been participating for less than 3 consecutive
years, the Secretary shall calculate the State's number of
identified migratory children aged 3 through 21 for purposes of
subsection (a)(1)(A) by using the most recent data available
that identifies the migratory children residing in the State
until data is available to calculate the 3-year average number
of such children in accordance with such subsection.
SEC. 1134. STATE APPLICATIONS; SERVICES.
(a) Application Required.--Any State desiring to receive a
grant under this subpart for any fiscal year shall submit an
application to the Secretary at such time and in such manner as
the Secretary may require.
(b) Program Information.--Each such application shall
include--
(1) a description of how, in planning, implementing,
and evaluating programs and projects assisted under
this subpart, the State and its local operating
agencies will ensure that the unique educational needs
of migratory children, including preschool migratory
children, are identified and addressed through--
(A) the full range of services that are
available for migratory children from
appropriate local, State, and Federal
educational programs;
(B) joint planning among local, State, and
Federal educational programs serving migratory
children, including language instruction
educational programs under chapter A of subpart
4; and
(C) the integration of services available
under this subpart with services provided by
those other programs;
(2) a description of the steps the State is taking to
provide all migratory students with the opportunity to
meet the same State academic standards that all
children are expected to meet;
(3) a description of how the State will use funds
received under this subpart to promote interstate and
intrastate coordination of services for migratory
children, including how the State will provide for
educational continuity through the timely transfer of
pertinent school records, including information on
health, when children move from one school to another,
whether or not such a move occurs during the regular
school year;
(4) a description of the State's priorities for the
use of funds received under this subpart, and how such
priorities relate to the State's assessment of needs
for services in the State;
(5) a description of how the State will determine the
amount of any subgrants the State will award to local
operating agencies, taking into account the numbers and
needs of migratory children, the requirements of
subsection (d), and the availability of funds from
other Federal, State, and local programs; and
(6) a description of how the State will encourage
programs and projects assisted under this subpart to
offer family literacy services if the programs and
projects serve a substantial number of migratory
children whose parents do not have a regular high
school diploma or its recognized equivalent or who have
low levels of literacy.
(c) Assurances.--Each such application shall also include
assurances that--
(1) funds received under this subpart will be used
only--
(A) for programs and projects, including the
acquisition of equipment, in accordance with
section 1136; and
(B) to coordinate such programs and projects
with similar programs and projects within the
State and in other States, as well as with
other Federal programs that can benefit
migratory children and their families;
(2) such programs and projects will be carried out in
a manner consistent with the objectives of section
1114, subsections (b) and (d) of section 1115,
subsections (b) and (c) of section 1120A, and part C;
(3) in the planning and operation of programs and
projects at both the State and local agency operating
level, there is consultation with parents of migratory
children for programs of not less than one school year
in duration, and that all such programs and projects
are carried out--
(A) in a manner that provides for the same
parental involvement as is required for
programs and projects under section 1118,
unless extraordinary circumstances make such
provision impractical; and
(B) in a format and language understandable
to the parents;
(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate
provision for addressing the unmet education needs of
preschool migratory children;
(5) the effectiveness of such programs and projects
will be determined, where feasible, using the same
approaches and standards that will be used to assess
the performance of students, schools, and local
educational agencies under subpart 1;
(6) to the extent feasible, such programs and
projects will provide for--
(A) advocacy and outreach activities for
migratory children and their families,
including informing such children and families
of, or helping such children and families gain
access to, other education, health, nutrition,
and social services;
(B) professional development programs,
including mentoring, for teachers and other
program personnel;
(C) high-quality, evidence-based family
literacy programs;
(D) the integration of information technology
into educational and related programs; and
(E) programs to facilitate the transition of
secondary school students to postsecondary
education or employment without the need for
remediation; and
(7) the State will assist the Secretary in
determining the number of migratory children under
paragraph (1) of section 1133(a).
(d) Priority for Services.--In providing services with funds
received under this subpart, each recipient of such funds shall
give priority to migratory children who are failing, or most at
risk of failing, to meet the State's academic standards under
section 1111 (b)(1).
(e) Continuation of Services.--Notwithstanding any other
provision of this subpart--
(1) a child who ceases to be a migratory child during
a school term shall be eligible for services until the
end of such term;
(2) a child who is no longer a migratory child may
continue to receive services for one additional school
year, but only if comparable services are not available
through other programs; and
(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
SEC. 1135. SECRETARIAL APPROVAL; PEER REVIEW.
The Secretary shall approve each State application that meets
the requirements of this subpart, and may review any such
application using a peer review process.
SEC. 1136. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
(a) Comprehensive Plan.--
(1) In general.--Each State that receives assistance
under this subpart shall ensure that the State and its
local operating agencies identify and address the
unique educational needs of migratory children in
accordance with a comprehensive State plan that--
(A) is integrated with other programs under
this Act or other Acts, as appropriate;
(B) may be submitted as a part of a
consolidated application under section 5302,
if--
(i) the unique needs of migratory
children are specifically addressed in
the comprehensive State plan;
(ii) the comprehensive State plan is
developed in collaboration with parents
of migratory children; and
(iii) the comprehensive State plan is
not used to supplant State efforts
regarding, or administrative funding
for, this subpart;
(C) provides that migratory children will
have an opportunity to meet the same State
academic standards under section 1111(b)(1)
that all children are expected to meet;
(D) specifies measurable program goals and
outcomes;
(E) encompasses the full range of services
that are available for migratory children from
appropriate local, State, and Federal
educational programs;
(F) is the product of joint planning among
such local, State, and Federal programs,
including programs under subpart 1, early
childhood programs, and language instruction
educational programs under chapter A of subpart
4; and
(G) provides for the integration of services
available under this subpart with services
provided by such other programs.
(2) Duration of the plan.--Each such comprehensive
State plan shall--
(A) remain in effect for the duration of the
State's participation under this subpart; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
subpart.
(b) Authorized Activities.--
(1) Flexibility.--In implementing the comprehensive
plan described in subsection (a), each State
educational agency, where applicable through its local
educational agencies, shall have the flexibility to
determine the activities to be provided with funds made
available under this subpart, except that such funds
first shall be used to meet the identified needs of
migratory children that result from their migratory
lifestyle, and to permit these children to participate
effectively in school.
(2) Unaddressed needs.--Funds provided under this
subpart shall be used to address the needs of migratory
children that are not addressed by services available
from other Federal or non-Federal programs, except that
migratory children who are eligible to receive services
under subpart 1 may receive those services through
funds provided under that subpart, or through funds
under this subpart that remain after the agency
addresses the needs described in paragraph (1).
(3) Construction.--Nothing in this subpart shall be
construed to prohibit a local educational agency from
serving migratory children simultaneously with students
with similar educational needs in the same educational
settings, where appropriate.
SEC. 1137. BYPASS.
The Secretary may use all or part of any State's allocation
under this subpart to make arrangements with any public or
private agency to carry out the purpose of this subpart in such
State if the Secretary determines that--
(1) the State is unable or unwilling to conduct
educational programs for migratory children;
(2) such arrangements would result in more efficient
and economic administration of such programs; or
(3) such arrangements would add substantially to the
educational achievement of such children.
SEC. 1138. COORDINATION OF MIGRATORY EDUCATION ACTIVITIES.
(a) Improvement of Coordination.--
(1) In general.--The Secretary, in consultation with
the States, may make grants to, or enter into contracts
with, State educational agencies, local educational
agencies, institutions of higher education, and other
public and private entities to improve the interstate
and intrastate coordination among such agencies'
educational programs, including through the
establishment or improvement of programs for credit
accrual and exchange, available to migratory students.
(2) Duration.--Grants or contracts under this
subsection may be awarded for not more than 5 years.
(b) Student Records.--
(1) Assistance.--The Secretary shall assist States in
developing and maintaining an effective system for the
electronic transfer of student records and in
determining the number of migratory children in each
State.
(2) Information system.--
(A) In general.--The Secretary, in
consultation with the States, shall ensure the
linkage of migratory student record systems for
the purpose of electronically exchanging, among
the States, health and educational information
regarding all migratory students. The Secretary
shall ensure such linkage occurs in a cost-
effective manner, utilizing systems used by the
States prior to, or developed after, the date
of enactment of this Act. The Secretary shall
determine the minimum data elements that each
State receiving funds under this subpart shall
collect and maintain. Such minimum data
elements may include--
(i) immunization records and other
health information;
(ii) elementary and secondary
academic history (including partial
credit), credit accrual, and results
from State assessments required under
section 1111(b)(2);
(iii) other academic information
essential to ensuring that migratory
children achieve to the States's
academic standards; and
(iv) eligibility for services under
the Individuals with Disabilities
Education Act.
(B) The Secretary shall consult with States
before updating the data elements that each
State receiving funds under this subpart shall
be required to collect for purposes of
electronic transfer of migratory student
information and the requirements that States
shall meet for immediate electronic access to
such information.
(3) No cost for certain transfers.--A State
educational agency or local educational agency
receiving assistance under this subpart shall make
student records available to another State educational
agency or local educational agency that requests the
records at no cost to the requesting agency, if the
request is made in order to meet the needs of a
migratory child.
(4) Report to congress.--
(A) In general.--Not later than April 30,
2013, the Secretary shall report to the
Committee on Health, Education, Labor, and
Pensions of the Senate and the Committee on
Education and the Workforce of the House of
Representatives the Secretary's findings and
recommendations regarding the maintenance and
transfer of health and educational information
for migratory students by the States.
(B) Required contents.--The Secretary shall
include in such report--
(i) a review of the progress of
States in developing and linking
electronic records transfer systems;
(ii) recommendations for maintaining
such systems; and
(iii) recommendations for improving
the continuity of services provided for
migratory students.
(c) Availability of Funds.--The Secretary shall reserve not
more than $10,000,000 of the amount reserved under section 1132
to carry out this section for each fiscal year.
(d) Data Collection.--The Secretary shall direct the National
Center for Education Statistics to collect data on migratory
children.
SEC. 1139. DEFINITIONS.
As used in this subpart:
(1) Local operating agency.--The term ``local
operating agency'' means--
(A) a local educational agency to which a
State educational agency makes a subgrant under
this subpart;
(B) a public or private agency with which a
State educational agency or the Secretary makes
an arrangement to carry out a project under
this subpart; or
(C) a State educational agency, if the State
educational agency operates the State's
migratory education program or projects
directly.
(2) Migratory child.--The term ``migratory child''
means a child who is, or whose parent or spouse is, a
migratory agricultural worker, including a migratory
dairy worker, or a migratory fisher, and who, in the
preceding 36 months, in order to obtain, or accompany
such parent or spouse, in order to obtain, temporary or
seasonal employment in agricultural or fishing work--
(A) has moved from one school district to
another;
(B) in a State that is comprised of a single
school district, has moved from one
administrative area to another within such
district; or
(C) resides in a school district of more than
15,000 square miles, and migrates a distance of
20 miles or more to a temporary residence to
engage in a fishing activity.
Subpart 3--Prevention and Intervention Programs for Children and Youth
Who Are Neglected, Delinquent, or At-Risk
SEC. 1141. PURPOSE AND PROGRAM AUTHORIZATION.
(a) Purpose.--It is the purpose of this subpart--
(1) to improve educational services for children and
youth in local and State institutions for neglected or
delinquent children and youth so that such children and
youth have the opportunity to meet the same State
academic standards that all children in the State are
expected to meet;
(2) to provide such children and youth with the
services needed to make a successful transition from
institutionalization to further schooling or
employment; and
(3) to prevent at-risk youth from dropping out of
school, and to provide dropouts, and children and youth
returning from correctional facilities or institutions
for neglected or delinquent children and youth, with a
support system to ensure their continued education.
(b) Program Authorized.--From amounts appropriated under
section 3(a)(1), the Secretary shall reserve 0.3 of one percent
to carry out this subpart.
(c) Grants Awarded.--From the amounts reserved under
subsection (b) and not reserved under section 1004 and section
1159, the Secretary shall make grants to State educational
agencies that have plans submitted under section 1154 approved
to enable such agencies to award subgrants to State agencies
and local educational agencies to establish or improve programs
of education for neglected, delinquent, or at-risk children and
youth.
SEC. 1142. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.
(a) Agency Subgrants.--Based on the allocation amount
computed under section 1152, the Secretary shall allocate to
each State educational agency an amount necessary to make
subgrants to State agencies under chapter A.
(b) Local Subgrants.--Each State shall retain, for the
purpose of carrying out chapter B, funds generated throughout
the State under subpart 1 of this part based on children and
youth residing in local correctional facilities, or attending
community day programs for delinquent children and youth.
CHAPTER A--STATE AGENCY PROGRAMS
SEC. 1151. ELIGIBILITY.
A State agency is eligible for assistance under this chapter
if such State agency is responsible for providing free public
education for children and youth--
(1) in institutions for neglected or delinquent
children and youth;
(2) attending community day programs for neglected or
delinquent children and youth; or
(3) in adult correctional institutions.
SEC. 1152. ALLOCATION OF FUNDS.
(a) Subgrants to State Agencies.--
(1) In general.--Each State agency described in
section 1151 (other than an agency in the Commonwealth
of Puerto Rico) is eligible to receive a subgrant under
this chapter, for each fiscal year, in an amount equal
to the product of--
(A) the number of neglected or delinquent
children and youth described in section 1151
who--
(i) are enrolled for at least 15
hours per week in education programs in
adult correctional institutions; and
(ii) are enrolled for at least 20
hours per week--
(I) in education programs in
institutions for neglected or
delinquent children and youth;
or
(II) in community day
programs for neglected or
delinquent children and youth;
and
(B) 40 percent of the average per-pupil
expenditure in the State, except that the
amount determined under this subparagraph shall
not be less than 32 percent, nor more than 48
percent, of the average per-pupil expenditure
in the United States.
(2) Special rule.--The number of neglected or
delinquent children and youth determined under
paragraph (1) shall--
(A) be determined by the State agency by a
deadline set by the Secretary, except that no
State agency shall be required to determine the
number of such children and youth on a specific
date set by the Secretary; and
(B) be adjusted, as the Secretary determines
is appropriate, to reflect the relative length
of such agency's annual programs.
(b) Subgrants to State Agencies in Puerto Rico.--
(1) In general.--For each fiscal year, the amount of
the subgrant which a State agency in the Commonwealth
of Puerto Rico shall be eligible to receive under this
chapter shall be the amount determined by multiplying
the number of children counted under subsection
(a)(1)(A) for the Commonwealth of Puerto Rico by the
product of--
(A) the percentage which the average per-
pupil expenditure in the Commonwealth of Puerto
Rico is of the lowest average per-pupil
expenditure of any of the 50 States; and
(B) 32 percent of the average per-pupil
expenditure in the United States.
(2) Minimum percentage.--The percentage in paragraph
(1)(A) shall not be less than 85 percent.
(c) Ratable Reductions in Case of Insufficient
Appropriations.--If the amount reserved for any fiscal year for
subgrants under subsections (a) and (b) is insufficient to pay
the full amount for which all State agencies are eligible under
such subsections, the Secretary shall ratably reduce each such
amount.
SEC. 1153. STATE REALLOCATION OF FUNDS.
If a State educational agency determines that a State agency
does not need the full amount of the subgrant for which such
State agency is eligible under this chapter for any fiscal
year, the State educational agency may reallocate the amount
that will not be needed to other eligible State agencies that
need additional funds to carry out the purpose of this chapter,
in such amounts as the State educational agency shall
determine.
SEC. 1154. STATE PLAN AND STATE AGENCY APPLICATIONS.
(a) State Plan.--
(1) In general.--Each State educational agency that
desires to receive a grant under this chapter shall
submit, for approval by the Secretary, a plan--
(A) for meeting the educational needs of
neglected, delinquent, and at-risk children and
youth;
(B) for assisting in the transition of
children and youth from correctional facilities
to locally operated programs; and
(C) that is integrated with other programs
under this Act or other Acts, as appropriate.
(2) Contents.--Each such State plan shall--
(A) describe how the State will assess the
effectiveness of the program in improving the
academic, career, and technical skills of
children in the program;
(B) provide that, to the extent feasible,
such children will have the same opportunities
to achieve as such children would have if such
children were in the schools of local
educational agencies in the State;
(C) describe how the State will place a
priority for such children to obtain a regular
high school diploma, to the extent feasible;
and
(D) contain an assurance that the State
educational agency will--
(i) ensure that programs assisted
under this chapter will be carried out
in accordance with the State plan
described in this subsection;
(ii) carry out the evaluation
requirements of section 1171; and
(iii) ensure that the State agencies
receiving subgrants under this chapter
comply with all applicable statutory
and regulatory requirements.
(3) Duration of the plan.--Each such State plan
shall--
(A) remain in effect for the duration of the
State's participation under this chapter; and
(B) be periodically reviewed and revised by
the State, as necessary, to reflect changes in
the State's strategies and programs under this
chapter.
(b) Secretarial Approval and Peer Review.--
(1) Secretarial approval.--The Secretary shall
approve each State plan that meets the requirements of
this chapter.
(2) Peer review.--The Secretary may review any State
plan with the assistance and advice of individuals with
relevant expertise.
(c) State Agency Applications.--Any State agency that desires
to receive funds to carry out a program under this chapter
shall submit an application to the State educational agency
that--
(1) describes the procedures to be used, consistent
with the State plan under section 1111, to assess the
educational needs of the children to be served under
this chapter;
(2) provide an assurance that in making services
available to children and youth in adult correctional
institutions, priority will be given to such children
and youth who are likely to complete incarceration
within a 2-year period;
(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided to the State educational agency;
(4) describes how the program will meet the goals and
objectives of the State plan;
(5) describes how the State agency will consult with
experts and provide the necessary training for
appropriate staff, to ensure that the planning and
operation of institution-wide projects under section
1156 are of high quality;
(6) describes how the programs will be coordinated
with other appropriate State and Federal programs, such
as programs under title I of Public Law 105-220, career
and technical education programs, State and local
dropout prevention programs, and special education
programs;
(7) describes how the State agency will encourage
correctional facilities receiving funds under this
chapter to coordinate with local educational agencies
or alternative education programs attended by
incarcerated children and youth prior to and after
their incarceration to ensure that student assessments
and appropriate academic records are shared jointly
between the correctional facility and the local
educational agency or alternative education program;
(8) describes how appropriate professional
development will be provided to teachers and other
staff;
(9) designates an individual in each affected
correctional facility or institution for neglected or
delinquent children and youth to be responsible for
issues relating to the transition of such children and
youth from such facility or institution to locally
operated programs;
(10) describes how the State agency will endeavor to
coordinate with businesses for training and mentoring
for participating children and youth;
(11) provides an assurance that the State agency will
assist in locating alternative programs through which
students can continue their education if the students
are not returning to school after leaving the
correctional facility or institution for neglected or
delinquent children and youth;
(12) provides assurances that the State agency will
work with parents to secure parents' assistance in
improving the educational achievement of their children
and youth, and preventing their children's and youth's
further involvement in delinquent activities;
(13) provides an assurance that the State agency will
work with children and youth with disabilities in order
to meet an existing individualized education program
and an assurance that the agency will notify the
child's or youth's local school if the child or youth--
(A) is identified as in need of special
education services while the child or youth is
in the correctional facility or institution for
neglected or delinquent children and youth; and
(B) intends to return to the local school;
(14) provides an assurance that the State agency will
work with children and youth who dropped out of school
before entering the correctional facility or
institution for neglected or delinquent children and
youth to encourage the children and youth to reenter
school and obtain a regular high school diploma once
the term of the incarceration is completed, or provide
the child or youth with the skills necessary to gain
employment, continue the education of the child or
youth, or obtain a regular high school diploma or its
recognized equivalent if the child or youth does not
intend to return to school;
(15) provides an assurance that effective teachers
and other qualified staff are trained to work with
children and youth with disabilities and other students
with special needs taking into consideration the unique
needs of such students;
(16) describes any additional services to be provided
to children and youth, such as career counseling,
distance education, and assistance in securing student
loans and grants; and
(17) provides an assurance that the program under
this chapter will be coordinated with any programs
operated under the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) or
other comparable programs, if applicable.
SEC. 1155. USE OF FUNDS.
(a) Uses.--
(1) In general.--A State agency shall use funds
received under this chapter only for programs and
projects that--
(A) are consistent with the State plan under
section 1154(a); and
(B) concentrate on providing participants
with the knowledge and skills needed to make a
successful transition to secondary school
completion, career or technical training,
further education, or employment without the
need for remediation.
(2) Programs and projects.--Such programs and
projects--
(A) may include the acquisition of equipment;
(B) shall be designed to support educational
services that--
(i) except for institution-wide
projects under section 1156, are
provided to children and youth
identified by the State agency as
failing, or most at-risk of failing, to
meet the State's academic standards;
and
(ii) supplement and improve the
quality of the educational services
provided to such children and youth by
the State agency; and
(iii) afford such children and youth
an opportunity to meet State academic
standards; and
(C) shall be carried out in a manner
consistent with section 1120A and part C (as
applied to programs and projects under this
chapter).
(b) Supplement, Not Supplant.--A program under this chapter
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the supplement, not supplant the requirement of
section 1120A (as applied to this chapter) without regard to
the subject areas in which instruction is given during those
hours.
SEC. 1156. INSTITUTION-WIDE PROJECTS.
A State agency that provides free public education for
children and youth in an institution for neglected or
delinquent children and youth (other than an adult correctional
institution) or attending a community day program for such
children and youth may use funds received under this chapter to
serve all children in, and upgrade the entire educational
effort of, that institution or program if the State agency has
developed, and the State educational agency has approved, a
comprehensive plan for that institution or program that--
(1) provides for a comprehensive assessment of the
educational needs of all children and youth in the
institution or program serving juveniles;
(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration
within a 2-year period;
(3) describes the steps the State agency has taken,
or will take, to provide all children and youth under
age 21 with the opportunity to meet State academic
standards in order to improve the likelihood that the
children and youth will complete secondary school,
obtain a regular high school diploma or its recognized
equivalent, or find employment after leaving the
institution;
(4) describes the instructional program, specialized
instructional support services, and procedures that
will be used to meet the needs described in paragraph
(1), including, to the extent feasible, the provision
of mentors for the children and youth described in
paragraph (1);
(5) specifically describes how such funds will be
used;
(6) describes the measures and procedures that will
be used to assess and improve student achievement;
(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or
program-wide project in consultation with personnel
providing direct instructional services and support
services in institutions or community day programs for
neglected or delinquent children and youth, and with
personnel from the State educational agency; and
(8) includes an assurance that the State agency has
provided for appropriate training for teachers and
other instructional and administrative personnel to
enable such teachers and personnel to carry out the
project effectively.
SEC. 1157. THREE-YEAR PROGRAMS OR PROJECTS.
If a State agency operates a program or project under this
chapter in which individual children or youth are likely to
participate for more than one year, the State educational
agency may approve the State agency's application for a
subgrant under this chapter for a period of not more than 3
years.
SEC. 1158. TRANSITION SERVICES.
(a) Transition Services.--Each State agency shall reserve not
less than 15 percent and not more than 30 percent of the amount
such agency receives under this chapter for any fiscal year to
support--
(1) projects that facilitate the transition of
children and youth from State-operated institutions to
schools served by local educational agencies; or
(2) the successful re-entry of youth offenders, who
are age 20 or younger and have received a regular high
school diploma or its recognized equivalent, into
postsecondary education, or career and technical
training programs, through strategies designed to
expose the youth to, and prepare the youth for,
postsecondary education, or career and technical
training programs, such as--
(A) preplacement programs that allow
adjudicated or incarcerated youth to audit or
attend courses on college, university, or
community college campuses, or through programs
provided in institutional settings;
(B) worksite schools, in which institutions
of higher education and private or public
employers partner to create programs to help
students make a successful transition to
postsecondary education and employment; and
(C) essential support services to ensure the
success of the youth, such as--
(i) personal, career and technical,
and academic counseling;
(ii) placement services designed to
place the youth in a university,
college, or junior college program;
(iii) information concerning, and
assistance in obtaining, available
student financial aid;
(iv) counseling services; and
(v) job placement services.
(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more local
educational agencies, other public agencies, or private
organizations.
(c) Rule of Construction.--Nothing in this section shall be
construed to prohibit a school that receives funds under
subsection (a) from serving neglected and delinquent children
and youth simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
SEC. 1159. TECHNICAL ASSISTANCE.
The Secretary shall reserve not more than 1 percent of the
amount reserved under section 1141 to provide technical
assistance to and support State agency programs assisted under
this chapter.
CHAPTER B--LOCAL AGENCY PROGRAMS
SEC. 1161. PURPOSE.
The purpose of this chapter is to support the operation of
local educational agency programs that involve collaboration
with locally operated correctional facilities--
(1) to carry out high quality education programs to
prepare children and youth for secondary school
completion, training, employment, or further education;
(2) to provide activities to facilitate the
transition of such children and youth from the
correctional program to further education or
employment; and
(3) to operate programs in local schools for children
and youth returning from correctional facilities, and
programs which may serve at-risk children and youth.
SEC. 1162. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
(a) Local Subgrants.--With funds made available under section
1142(b), the State educational agency shall award subgrants to
local educational agencies with high numbers or percentages of
children and youth residing in locally operated (including
county operated) correctional facilities for children and youth
(including facilities involved in community day programs).
(b) Special Rule.--A local educational agency that serves a
school operated by a correctional facility is not required to
operate a program of support for children and youth returning
from such school to a school that is not operated by a
correctional agency but served by such local educational
agency, if more than 30 percent of the children and youth
attending the school operated by the correctional facility will
reside outside the boundaries served by the local educational
agency after leaving such facility.
(c) Notification.--A State educational agency shall notify
local educational agencies within the State of the eligibility
of such agencies to receive a subgrant under this chapter.
(d) Transitional and Academic Services.--Transitional and
supportive programs operated in local educational agencies
under this chapter shall be designed primarily to meet the
transitional and academic needs of students returning to local
educational agencies or alternative education programs from
correctional facilities. Services to students at-risk of
dropping out of school shall not have a negative impact on
meeting the transitional and academic needs of the students
returning from correctional facilities.
SEC. 1163. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
Each local educational agency desiring assistance under this
chapter shall submit an application to the State educational
agency that contains such information as the State educational
agency may require. Each such application shall include--
(1) a description of the program to be assisted;
(2) a description of formal agreements, regarding the
program to be assisted, between--
(A) the local educational agency; and
(B) correctional facilities and alternative
school programs serving children and youth
involved with the juvenile justice system;
(3) as appropriate, a description of how
participating schools will coordinate with facilities
working with delinquent children and youth to ensure
that such children and youth are participating in an
education program comparable to one operating in the
local school such youth would attend;
(4) a description of the program operated by
participating schools for children and youth returning
from correctional facilities and, as appropriate, the
types of services that such schools will provide such
children and youth and other at-risk children and
youth;
(5) a description of the characteristics (including
learning difficulties, substance abuse problems, and
other needs) of the children and youth who will be
returning from correctional facilities and, as
appropriate, other at-risk children and youth expected
to be served by the program, and a description of how
the school will coordinate existing educational
programs to meet the unique educational needs of such
children and youth;
(6) as appropriate, a description of how schools will
coordinate with existing social, health, and other
services to meet the needs of students returning from
correctional facilities and at-risk children or youth,
including prenatal health care and nutrition services
related to the health of the parent and the child or
youth, parenting and child development classes, child
care, targeted reentry and outreach programs, referrals
to community resources, and scheduling flexibility;
(7) as appropriate, a description of any partnerships
with local businesses to develop training, curriculum-
based youth entrepreneurship education, and mentoring
services for participating students;
(8) as appropriate, a description of how the program
will involve parents in efforts to improve the
educational achievement of their children, assist in
dropout prevention activities, and prevent the
involvement of their children in delinquent activities;
(9) a description of how the program under this
chapter will be coordinated with other Federal, State,
and local programs, such as programs under title I of
Public Law 105-220 and career and technical education
programs serving at-risk children and youth;
(10) a description of how the program will be
coordinated with programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 and
other comparable programs, if applicable;
(11) as appropriate, a description of how schools
will work with probation officers to assist in meeting
the needs of children and youth returning from
correctional facilities;
(12) a description of the efforts participating
schools will make to ensure correctional facilities
working with children and youth are aware of a child's
or youth's existing individualized education program;
and
(13) as appropriate, a description of the steps
participating schools will take to find alternative
placements for children and youth interested in
continuing their education but unable to participate in
a traditional public school program.
SEC. 1164. USES OF FUNDS.
Funds provided to local educational agencies under this
chapter may be used, as appropriate, for--
(1) programs that serve children and youth returning
to local schools from correctional facilities, to
assist in the transition of such children and youth to
the school environment and help them remain in school
in order to complete their education;
(2) dropout prevention programs which serve at-risk
children and youth;
(3) the coordination of health and social services
for such individuals if there is a likelihood that the
provision of such services, including day care, drug
and alcohol counseling, and mental health services,
will improve the likelihood such individuals will
complete their education;
(4) special programs to meet the unique academic
needs of participating children and youth, including
career and technical education, special education,
career counseling, curriculum-based youth
entrepreneurship education, and assistance in securing
student loans or grants for postsecondary education;
and
(5) programs providing mentoring and peer mediation.
SEC. 1165. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
Each correctional facility entering into an agreement with a
local educational agency under section 1163(2) to provide
services to children and youth under this chapter shall--
(1) where feasible, ensure that educational programs
in the correctional facility are coordinated with the
student's home school, particularly with respect to a
student with an individualized education program under
part B of the Individuals with Disabilities Education
Act;
(2) if the child or youth is identified as in need of
special education services while in the correctional
facility, notify the local school of the child or youth
of such need;
(3) where feasible, provide transition assistance to
help the child or youth stay in school, including
coordination of services for the family, counseling,
assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
(4) provide support programs that encourage children
and youth who have dropped out of school to re-enter
school and obtain a regular high school diploma once
their term at the correctional facility has been
completed, or provide such children and youth with the
skills necessary to gain employment or seek a regular
high school diploma or its recognized equivalent;
(5) work to ensure that the correctional facility is
staffed with effective teachers and other qualified
staff who are trained to work with children and youth
with disabilities taking into consideration the unique
needs of such children and youth;
(6) ensure that educational programs in the
correctional facility are related to assisting students
to meet the States's academic standards;
(7) to the extent possible, use technology to assist
in coordinating educational programs between the
correctional facility and the community school;
(8) where feasible, involve parents in efforts to
improve the educational achievement of their children
and prevent the further involvement of such children in
delinquent activities;
(9) coordinate funds received under this chapter with
other local, State, and Federal funds available to
provide services to participating children and youth,
such as funds made available under title I of Public
Law 105-220, and career and technical education funds;
(10) coordinate programs operated under this chapter
with activities funded under the Juvenile Justice and
Delinquency Prevention Act of 1974 and other comparable
programs, if applicable;
(11) if appropriate, work with local businesses to
develop training, curriculum-based youth
entrepreneurship education, and mentoring programs for
children and youth; and
(12) consult with the local educational agency for a
period jointly determined necessary by the correctional
facility and local educational agency upon discharge
from that facility to coordinate educational services
so as to minimize disruption to the child's or youth's
achievement.
SEC. 1166. ACCOUNTABILITY.
The State educational agency--
(1) may require correctional facilities or
institutions for neglected or delinquent children and
youth to demonstrate, after receiving assistance under
this chapter for 3 years, that there has been an
increase in the number of children and youth returning
to school, obtaining a regular high school diploma or
its recognized equivalent, or obtaining employment
after such children and youth are released; and
(2) may reduce or terminate funding for projects
under this chapter if a local educational agency does
not show progress in the number of children and youth
obtaining a regular high school diploma or its
recognized equivalent.
CHAPTER C--GENERAL PROVISIONS
SEC. 1171. PROGRAM EVALUATIONS.
(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under chapters A or
B shall evaluate the program, disaggregating data on
participation by gender, race, ethnicity, and age, not less
than once every 3 years, to determine the program's impact on
the ability of participants--
(1) to maintain and improve educational achievement;
(2) to accrue school credits that meet State
requirements for grade promotion and high school
graduation;
(3) to make the transition to a regular program or
other education program operated by a local educational
agency;
(4) to complete high school (or high school
equivalency requirements) and obtain employment after
leaving the correctional facility or institution for
neglected or delinquent children and youth; and
(5) as appropriate, to participate in postsecondary
education and job training programs.
(b) Exception.--The disaggregation required under subsection
(a) shall not be required in a case in which the number of
students in a category is insufficient to yield statistically
reliable information or the results would reveal personally
identifiable information about an individual student.
(c) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency
shall use multiple and appropriate measures of student
progress.
(d) Evaluation Results.--Each State agency and local
educational agency shall--
(1) submit evaluation results to the State
educational agency and the Secretary; and
(2) use the results of evaluations under this section
to plan and improve subsequent programs for
participating children and youth.
SEC. 1172. DEFINITIONS.
In this subpart:
(1) Adult correctional institution.--The term ``adult
correctional institution'' means a facility in which
persons (including persons under 21 years of age) are
confined as a result of a conviction for a criminal
offense.
(2) At-risk.--The term ``at-risk'', when used with
respect to a child, youth, or student, means a school-
aged individual who
(A) is at-risk of academic failure; and
(B) has a drug or alcohol problem, is
pregnant or is a parent, has come into contact
with the juvenile justice system in the past,
is at least 1 year behind the expected grade
level for the age of the individual, is an
English learner, is a gang member, has dropped
out of school in the past, or has a high
absenteeism rate at school.
(3) Community day program.--The term ``community day
program'' means a regular program of instruction
provided by a State agency at a community day school
operated specifically for neglected or delinquent
children and youth.
(4) Institution for neglected or delinquent children
and youth.--The term ``institution for neglected or
delinquent children and youth'' means--
(A) a public or private residential facility,
other than a foster home, that is operated for
the care of children who have been committed to
the institution or voluntarily placed in the
institution under applicable State law, due to
abandonment, neglect, or death of their parents
or guardians; or
(B) a public or private residential facility
for the care of children who have been
adjudicated to be delinquent or in need of
supervision.
Subpart 4--English Language Acquisition, Language Enhancement, and
Academic Achievement
SEC. 1181. PURPOSES.
The purposes of this subpart are--
(1) to help ensure that English learners, including
immigrant children and youth, attain English
proficiency and develop high levels of academic
achievement in English;
(2) to assist all English learners, including
immigrant children and youth, to achieve at high levels
in the core academic subjects so that those children
can meet the same State academic standards that all
children are expected to meet, consistent with section
1111(b)(1);
(3) to assist State educational agencies, local
educational agencies, and schools in establishing,
implementing, and sustaining high-quality, flexible,
evidence-based language instruction educational
programs designed to assist in teaching English
learners, including immigrant children and youth;
(4) to assist State educational agencies and local
educational agencies to develop and enhance their
capacity to provide high-quality, evidence-based
instructional programs designed to prepare English
learners, including immigrant children and youth, to
enter all-English instruction settings; and
(5) to promote parental and community participation
in language instruction educational programs for the
parents and communities of English learners.
CHAPTER A--GRANTS AND SUBGRANTS FOR ENGLISH LANGUAGE ACQUISITION AND
LANGUAGE ENHANCEMENT
SEC. 1191. FORMULA GRANTS TO STATES.
(a) In General.--In the case of each State educational agency
having a plan approved by the Secretary for a fiscal year under
section 1192, the Secretary shall reserve 4.4 percent of funds
appropriated under section 3(a)(1) to make a grant for the year
to the agency for the purposes specified in subsection (b). The
grant shall consist of the allotment determined for the State
educational agency under subsection (c).
(b) Use of Funds.--
(1) Subgrants to eligible entities.--The Secretary
may make a grant under subsection (a) only if the State
educational agency involved agrees to expend at least
95 percent of the State educational agency's allotment
under subsection (c) for a fiscal year--
(A) to award subgrants, from allocations
under section 1193, to eligible entities to
carry out the activities described in section
1194 (other than subsection (e)); and
(B) to award subgrants under section
1193(d)(1) to eligible entities that are
described in that section to carry out the
activities described in section 1194(e).
(2) State activities.--Subject to paragraph (3), each
State educational agency receiving a grant under
subsection (a) may reserve not more than 5 percent of
the agency's allotment under subsection (c) to carry
out the following activities:
(A) Professional development activities, and
other activities, which may include assisting
personnel in--
(i) meeting State and local
certification and licensing
requirements for teaching English
learners; and
(ii) improving teacher skills in
meeting the diverse needs of English
learners, including in how to implement
evidence-based programs and curricula
on teaching English learners.
(B) Planning, evaluation, administration, and
interagency coordination related to the
subgrants referred to in paragraph (1).
(C) Providing technical assistance and other
forms of assistance to eligible entities that
are receiving subgrants from a State
educational agency under this chapter,
including assistance in--
(i) identifying and implementing
evidence-based language instruction
educational programs and curricula for
teaching English learners;
(ii) helping English learners meet
the same State academic standards that
all children are expected to meet;
(iii) identifying or developing, and
implementing, measures of English
proficiency; and
(iv) strengthening and increasing
parent, family, and community
engagement.
(D) Providing recognition, which may include
providing financial awards, to subgrantees that
have significantly improved the achievement and
progress of English learners in--
(i) reaching English language
proficiency, based on the State's
English language proficiency assessment
under section 1111(b)(2)(D); and
(ii) meeting the State academic
standards under section 1111(b)(1).
(3) Administrative expenses.--From the amount
reserved under paragraph (2), a State educational
agency may use not more than 40 percent of such amount
or $175,000, whichever is greater, for the planning and
administrative costs of carrying out paragraphs (1) and
(2).
(c) Reservations and Allotments.--
(1) Reservations.--From the amount reserved under
section 1191(a) for each fiscal year, the Secretary
shall reserve--
(A) 0.5 percent of such amount for payments
to outlying areas, to be allotted in accordance
with their respective needs for assistance
under this chapter, as determined by the
Secretary, for activities, approved by the
Secretary, consistent with this chapter; and
(B) 6.5 percent of such amount for national
activities under sections 1211 and 1222, except
that not more than $2,000,000 of such amount
may be reserved for the National Clearinghouse
for English Language Acquisition and Language
Instruction Educational Programs described in
section 1222.
(2) State allotments.--
(A) In general.--Except as provided in
subparagraph (B), from the amount reserved
under section 1191(a) for each fiscal year that
remains after making the reservations under
paragraph (1), the Secretary shall allot to
each State educational agency having a plan
approved under section 1192(c)--
(i) an amount that bears the same
relationship to 80 percent of the
remainder as the number of English
learners in the State bears to the
number of such children in all States,
as determined by data available from
the American Community Survey conducted
by the Department of Commerce or State-
reported data; and
(ii) an amount that bears the same
relationship to 20 percent of the
remainder as the number of immigrant
children and youth in the State bears
to the number of such children and
youth in all States, as determined
based only on data available from the
American Community Survey conducted by
the Department of Commerce.
(B) Minimum allotments.--No State educational
agency shall receive an allotment under this
paragraph that is less than $500,000.
(C) Reallotment.--If any State educational
agency described in subparagraph (A) does not
submit a plan to the Secretary for a fiscal
year, or submits a plan (or any amendment to a
plan) that the Secretary, after reasonable
notice and opportunity for a hearing,
determines does not satisfy the requirements of
this chapter, the Secretary shall reallot any
portion of such allotment to the remaining
State educational agencies in accordance with
subparagraph (A).
(D) Special rule for puerto rico.--The total
amount allotted to Puerto Rico for any fiscal
year under subparagraph (A) shall not exceed
0.5 percent of the total amount allotted to all
States for that fiscal year.
(3) Use of data for determinations.--In making State
allotments under paragraph (2) for each fiscal year,
the Secretary shall determine the number of English
learners in a State and in all States, using the most
accurate, up-to-date data, which shall be--
(A) data from the American Community Survey
conducted by the Department of Commerce, which
may be multiyear estimates;
(B) the number of students being assessed for
English language proficiency, based on the
State's English language proficiency assessment
under section 1111(b)(2)(D), which may be
multiyear estimates; or
(C) a combination of data available under
subparagraphs (A) and (B).
SEC. 1192. STATE EDUCATIONAL AGENCY PLANS.
(a) Plan Required.--Each State educational agency desiring a
grant under this chapter shall submit a plan to the Secretary
at such time and in such manner as the Secretary may require.
(b) Contents.--Each plan submitted under subsection (a)
shall--
(1) describe the process that the agency will use in
awarding subgrants to eligible entities under section
1193(d)(1);
(2) provide an assurance that--
(A) the agency will ensure that eligible
entities receiving a subgrant under this
chapter comply with the requirement in section
1111(b)(2)(B)(x) to annually assess in English
learners who have been in the United States for
3 or more consecutive years;
(B) the agency will ensure that eligible
entities receiving a subgrant under this
chapter annually assess the English proficiency
of all English learners participating in a
program funded under this chapter, consistent
with section 1111(b)(2)(D);
(C) in awarding subgrants under section 1193,
the agency will address the needs of school
systems of all sizes and in all geographic
areas, including school systems with rural and
urban schools;
(D) subgrants to eligible entities under
section 1193(d)(1) will be of sufficient size
and scope to allow such entities to carry out
high-quality, evidence-based language
instruction educational programs for English
learners;
(E) the agency will require an eligible
entity receiving a subgrant under this chapter
to use the subgrant in ways that will build
such recipient's capacity to continue to offer
high-quality evidence-based language
instruction educational programs that assist
English learners in meeting State academic
standards;
(F) the agency will monitor the eligible
entity receiving a subgrant under this chapter
for compliance with applicable Federal fiscal
requirements; and
(G) the plan has been developed in
consultation with local educational agencies,
teachers, administrators of programs
implemented under this chapter, parents, and
other relevant stakeholders;
(3) describe how the agency will coordinate its
programs and activities under this chapter with other
programs and activities under this Act and other Acts,
as appropriate;
(4) describe how eligible entities in the State will
be given the flexibility to teach English learners--
(A) using a high-quality, evidence-based
language instruction curriculum for teaching
English learners; and
(B) in the manner the eligible entities
determine to be the most effective; and
(5) describe how the agency will assist eligible
entities in increasing the number of English learners
who acquire English proficiency.
(c) Approval.--The Secretary, after using a peer review
process, shall approve a plan submitted under subsection (a) if
the plan meets the requirements of this section.
(d) Duration of Plan.--
(1) In general.--Each plan submitted by a State
educational agency and approved under subsection (c)
shall--
(A) remain in effect for the duration of the
agency's participation under this chapter; and
(B) be periodically reviewed and revised by
the agency, as necessary, to reflect changes to
the agency's strategies and programs carried
out under this subpart.
(2) Additional information.--
(A) Amendments.--If the State educational
agency amends the plan, the agency shall submit
such amendment to the Secretary.
(B) Approval.--The Secretary shall approve
such amendment to an approved plan, unless the
Secretary determines that the amendment will
result in the agency not meeting the
requirements, or fulfilling the purposes, of
this subpart.
(e) Consolidated Plan.--A plan submitted under subsection (a)
may be submitted as part of a consolidated plan under section
5302.
(f) Secretary Assistance.--The Secretary shall provide
technical assistance, if requested, in the development of
English proficiency standards and assessments.
SEC. 1193. WITHIN-STATE ALLOCATIONS.
(a) In General.--After making the reservation required under
subsection (d)(1), each State educational agency receiving a
grant under section 1191(c)(2) shall award subgrants for a
fiscal year by allocating in a timely manner to each eligible
entity in the State having a plan approved under section 1195
an amount that bears the same relationship to the amount
received under the grant and remaining after making such
reservation as the population of English learners in schools
served by the eligible entity bears to the population of
English learners in schools served by all eligible entities in
the State.
(b) Limitation.--A State educational agency shall not award a
subgrant from an allocation made under subsection (a) if the
amount of such subgrant would be less than $10,000.
(c) Reallocation.--Whenever a State educational agency
determines that an amount from an allocation made to an
eligible entity under subsection (a) for a fiscal year will not
be used by the entity for the purpose for which the allocation
was made, the agency shall, in accordance with such rules as it
determines to be appropriate, reallocate such amount,
consistent with such subsection, to other eligible entities in
the State that the agency determines will use the amount to
carry out that purpose.
(d) Required Reservation.--A State educational agency
receiving a grant under this chapter for a fiscal year--
(1) shall reserve not more than 15 percent of the
agency's allotment under section 1191(c)(2) to award
subgrants to eligible entities in the State that have
experienced a significant increase, as compared to the
average of the 2 preceding fiscal years, in the
percentage or number of immigrant children and youth,
who have enrolled, during the fiscal year preceding the
fiscal year for which the subgrant is made, in public
and nonpublic elementary schools and secondary schools
in the geographic areas under the jurisdiction of, or
served by, such entities; and
(2) in awarding subgrants under paragraph (1)--
(A) shall equally consider eligible entities
that satisfy the requirement of such paragraph
but have limited or no experience in serving
immigrant children and youth; and
(B) shall consider the quality of each local
plan under section 1195 and ensure that each
subgrant is of sufficient size and scope to
meet the purposes of this subpart.
SEC. 1194. SUBGRANTS TO ELIGIBLE ENTITIES.
(a) Purposes of Subgrants.--A State educational agency may
make a subgrant to an eligible entity from funds received by
the agency under this chapter only if the entity agrees to
expend the funds to improve the education of English learners,
by assisting the children to learn English and meet State
academic standards. In carrying out activities with such funds,
the eligible entity shall use evidence-based approaches and
methodologies for teaching English learners and immigrant
children and youth for the following purposes:
(1) Developing and implementing new language
instruction educational programs and academic content
instruction programs for English learners and immigrant
children and youth, including programs of early
childhood education, elementary school programs, and
secondary school programs.
(2) Carrying out highly focused, innovative, locally
designed, evidence-based activities to expand or
enhance existing language instruction educational
programs and academic content instruction programs for
English learners and immigrant children and youth.
(3) Implementing, within an individual school,
schoolwide programs for restructuring, reforming, and
upgrading all relevant programs, activities, and
operations relating to language instruction educational
programs and academic content instruction for English
learners and immigrant children and youth.
(4) Implementing, within the entire jurisdiction of a
local educational agency, agencywide programs for
restructuring, reforming, and upgrading all relevant
programs, activities, and operations relating to
language instruction educational programs and academic
content instruction for English learners and immigrant
children and youth.
(b) Administrative Expenses.--Each eligible entity receiving
funds under section 1193(a) for a fiscal year shall use not
more than 2 percent of such funds for the cost of administering
this chapter.
(c) Required Subgrantee Activities.--An eligible entity
receiving funds under section 1193(a) shall use the funds--
(1) to increase the English language proficiency of
English learners by providing high-quality, evidence-
based language instruction educational programs that
meet the needs of English learners and have
demonstrated success in increasing--
(A) English language proficiency; and
(B) student academic achievement in the core
academic subjects;
(2) to provide high-quality, evidence-based
professional development to classroom teachers
(including teachers in classroom settings that are not
the settings of language instruction educational
programs), school leaders, administrators, and other
school or community-based organization personnel, that
is--
(A) designed to improve the instruction and
assessment of English learners;
(B) designed to enhance the ability of
teachers and school leaders to understand and
implement curricula, assessment practices and
measures, and instruction strategies for
English learners;
(C) evidence-based in increasing children's
English language proficiency or substantially
increasing the subject matter knowledge,
teaching knowledge, and teaching skills of
teachers; and
(D) of sufficient intensity and duration
(which shall not include activities such as
one-day or short-term workshops and
conferences) to have a positive and lasting
impact on the teachers' performance in the
classroom, except that this subparagraph shall
not apply to an activity that is one component
of a long-term, comprehensive professional
development plan established by a teacher and
the teacher's supervisor based on an assessment
of the needs of the teacher, the supervisor,
the students of the teacher, and any local
educational agency employing the teacher, as
appropriate; and
(3) to provide and implement other evidence-based
activities and strategies that enhance or supplement
language instruction educational programs for English
learners, including parental and community engagement
activities and strategies that serve to coordinate and
align related programs.
(d) Authorized Subgrantee Activities.--Subject to subsection
(c), an eligible entity receiving funds under section 1193(a)
may use the funds to achieve one of the purposes described in
subsection (a) by undertaking one or more of the following
activities:
(1) Upgrading program objectives and effective
instruction strategies.
(2) Improving the instruction program for English
learners by identifying, acquiring, and upgrading
curricula, instruction materials, educational software,
and assessment procedures.
(3) Providing to English learners--
(A) tutorials and academic or career
education for English learners; and
(B) intensified instruction.
(4) Developing and implementing elementary school or
secondary school language instruction educational
programs that are coordinated with other relevant
programs and services.
(5) Improving the English language proficiency and
academic achievement of English learners.
(6) Providing community participation programs,
family literacy services, and parent outreach and
training activities to English learners and their
families--
(A) to improve the English language skills of
English learners; and
(B) to assist parents in helping their
children to improve their academic achievement
and becoming active participants in the
education of their children.
(7) Improving the instruction of English learners by
providing for--
(A) the acquisition or development of
educational technology or instructional
materials;
(B) access to, and participation in,
electronic networks for materials, training,
and communication; and
(C) incorporation of the resources described
in subparagraphs (A) and (B) into curricula and
programs, such as those funded under this
chapter.
(8) Carrying out other activities that are consistent
with the purposes of this section.
(e) Activities by Agencies Experiencing Substantial Increases
in Immigrant Children and Youth.--
(1) In general.--An eligible entity receiving funds
under section 1193(d)(1) shall use the funds to pay for
activities that provide enhanced instructional
opportunities for immigrant children and youth, which
may include--
(A) family literacy, parent outreach, and
training activities designed to assist parents
to become active participants in the education
of their children;
(B) support for personnel, including
paraprofessionals who have been specifically
trained, or are being trained, to provide
services to immigrant children and youth;
(C) provision of tutorials, mentoring, and
academic or career counseling for immigrant
children and youth;
(D) identification, development, and
acquisition of curricular materials,
educational software, and technologies to be
used in the program carried out with awarded
funds;
(E) basic instruction services that are
directly attributable to the presence in the
local educational agency involved of immigrant
children and youth, including the payment of
costs of providing additional classroom
supplies, costs of transportation, or such
other costs as are directly attributable to
such additional basic instruction services;
(F) other instruction services that are
designed to assist immigrant children and youth
to achieve in elementary schools and secondary
schools in the United States, such as programs
of introduction to the educational system and
civics education; and
(G) activities, coordinated with community-
based organizations, institutions of higher
education, private sector entities, or other
entities with expertise in working with
immigrants, to assist parents of immigrant
children and youth by offering comprehensive
community services.
(2) Duration of subgrants.--The duration of a
subgrant made by a State educational agency under
section 1193(d)(1) shall be determined by the agency in
its discretion.
(f) Selection of Method of Instruction.--
(1) In general.--To receive a subgrant from a State
educational agency under this chapter, an eligible
entity shall select one or more methods or forms of
instruction to be used in the programs and activities
undertaken by the entity to assist English learners to
attain English language proficiency and meet State
academic standards.
(2) Consistency.--Such selection shall be consistent
with sections 1204 through 1206.
(g) Supplement, Not Supplant.--Federal funds made available
under this chapter shall be used so as to supplement the level
of Federal, State, and local public funds that, in the absence
of such availability, would have been expended for programs for
English learners and immigrant children and youth and in no
case to supplant such Federal, State, and local public funds.
SEC. 1195. LOCAL PLANS.
(a) Plan Required.--Each eligible entity desiring a subgrant
from the State educational agency under section 1193 shall
submit a plan to the State educational agency at such time, in
such manner, and containing such information as the State
educational agency may require.
(b) Contents.--Each plan submitted under subsection (a)
shall--
(1) describe the evidence-based programs and
activities proposed to be developed, implemented, and
administered under the subgrant that will help English
learners increase their English language proficiency
and meet the State academic standards;
(2) describe how the eligible entity will hold
elementary schools and secondary schools receiving
funds under this chapter accountable for annually
assessing the English language proficiency of all
children participating under this subpart, consistent
with section 1111(b);
(3) describe how the eligible entity will promote
parent and community engagement in the education of
English learners;
(4) contain an assurance that the eligible entity
consulted with teachers, researchers, school
administrators, parents and community members, public
or private organizations, and institutions of higher
education, in developing and implementing such plan;
(5) describe how language instruction educational
programs carried out under the subgrant will ensure
that English learners being served by the programs
develop English language proficiency; and
(6) contain assurances that--
(A) each local educational agency that is
included in the eligible entity is complying
with section 1112(g) prior to, and throughout,
each school year; and
(B) the eligible entity is not in violation
of any State law, including State
constitutional law, regarding the education of
English learners, consistent with sections 1205
and 1206.
(c) Teacher English Fluency.--Each eligible entity receiving
a subgrant under section 1193 shall include in its plan a
certification that all teachers in any language instruction
educational program for English learners that is, or will be,
funded under this subpart are fluent in English and any other
language used for instruction, including having written and
oral communications skills.
CHAPTER B--ADMINISTRATION
SEC. 1201. REPORTING.
(a) In General.--Each eligible entity that receives a
subgrant from a State educational agency under chapter A shall
provide such agency, at the conclusion of every second fiscal
year during which the subgrant is received, with a report, in a
form prescribed by the agency, on the activities conducted and
students served under this subpart that includes--
(1) a description of the programs and activities
conducted by the entity with funds received under
chapter A during the two immediately preceding fiscal
years, including how such programs and activities
supplemented programs funded primarily with State or
local funds;
(2) a description of the progress made by English
learners in learning the English language and in
meeting State academic standards;
(3) the number and percentage of English learners in
the programs and activities attaining English language
proficiency based on the State English language
proficiency standards established under section
1111(b)(1)(E) by the end of each school year, as
determined by the State's English language proficiency
assessment under section 1111(b)(2)(D);
(4) the number of English learners who exit the
language instruction educational programs based on
their attainment of English language proficiency and
transitioned to classrooms not tailored for English
learners;
(5) a description of the progress made by English
learners in meeting the State academic standards for
each of the 2 years after such children are no longer
receiving services under this subpart;
(6) the number and percentage of English learners who
have not attained English language proficiency within
five years of initial classification as an English
learner and first enrollment in the local educational
agency; and
(7) any such other information as the State
educational agency may require.
(b) Use of Report.--A report provided by an eligible entity
under subsection (a) shall be used by the entity and the State
educational agency--
(1) to determine the effectiveness of programs and
activities in assisting children who are English
learners--
(A) to attain English language proficiency;
and
(B) to make progress in meeting State
academic standards under section 1111(b)(1);
and
(2) upon determining the effectiveness of programs
and activities based on the criteria in paragraph (1),
to decide how to improve programs.
SEC. 1202. ANNUAL REPORT.
(a) States.--Based upon the reports provided to a State
educational agency under section 1201, each such agency that
receives a grant under this subpart shall prepare and submit
annually to the Secretary a report on programs and activities
carried out by the State educational agency under this subpart
and the effectiveness of such programs and activities in
improving the education provided to English learners.
(b) Secretary.--Annually, the Secretary shall prepare and
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a report--
(1) on programs and activities carried out to serve
English learners under this subpart, and the
effectiveness of such programs and activities in
improving the academic achievement and English language
proficiency of English learners;
(2) on the types of language instruction educational
programs used by local educational agencies or eligible
entities receiving funding under this subpart to teach
English learners;
(3) containing a critical synthesis of data reported
by eligible entities to States under section 1201(a);
(4) containing a description of technical assistance
and other assistance provided by State educational
agencies under section 1191(b)(2)(C);
(5) containing an estimate of the number of effective
teachers working in language instruction educational
programs and educating English learners, and an
estimate of the number of such teachers that will be
needed for the succeeding 5 fiscal years;
(6) containing the number of programs or activities,
if any, that were terminated because the entities
carrying out the programs or activities were not able
to reach program goals;
(7) containing the number of English learners served
by eligible entities receiving funding under this
subpart who were transitioned out of language
instruction educational programs funded under this
subpart into classrooms where instruction is not
tailored for English learners; and
(8) containing other information gathered from other
reports submitted to the Secretary under this subpart
when applicable.
SEC. 1203. COORDINATION WITH RELATED PROGRAMS.
In order to maximize Federal efforts aimed at serving the
educational needs of English learners, the Secretary shall
coordinate and ensure close cooperation with other entities
carrying out programs serving language-minority and English
learners that are administered by the Department and other
agencies.
SEC. 1204. RULES OF CONSTRUCTION.
Nothing in this subpart shall be construed--
(1) to prohibit a local educational agency from
serving English learners simultaneously with children
with similar educational needs, in the same educational
settings where appropriate;
(2) to require a State or a local educational agency
to establish, continue, or eliminate any particular
type of instructional program for English learners; or
(3) to limit the preservation or use of Native
American languages.
SEC. 1205. LEGAL AUTHORITY UNDER STATE LAW.
Nothing in this subpart shall be construed to negate or
supersede State law, or the legal authority under State law of
any State agency, State entity, or State public official, over
programs that are under the jurisdiction of the State agency,
entity, or official.
SEC. 1206. CIVIL RIGHTS.
Nothing in this subpart shall be construed in a manner
inconsistent with any Federal law guaranteeing a civil right.
SEC. 1207. PROHIBITION.
In carrying out this subpart, the Secretary shall neither
mandate nor preclude the use of a particular curricular or
pedagogical approach to educating English learners.
SEC. 1208. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
Notwithstanding any other provision of this subpart, programs
authorized under this subpart that serve Native American
(including Native American Pacific Islander) children and
children in the Commonwealth of Puerto Rico may include
programs of instruction, teacher training, curriculum
development, evaluation, and assessment designed for Native
American children learning and studying Native American
languages and children of limited Spanish proficiency, except
that an outcome of programs serving such children shall be
increased English proficiency among such children.
CHAPTER C--NATIONAL ACTIVITIES
SEC. 1211. NATIONAL PROFESSIONAL DEVELOPMENT PROJECT.
The Secretary shall use funds made available under section
1191(c)(1)(B) to award grants on a competitive basis, for a
period of not more than 5 years, to institutions of higher
education or public or private organizations with relevant
experience and capacity (in consortia with State educational
agencies or local educational agencies) to provide for
professional development activities that will improve classroom
instruction for English learners and assist educational
personnel working with such children to meet high professional
standards, including standards for certification and licensure
as teachers who work in language instruction educational
programs or serve English learners. Grants awarded under this
subsection may be used--
(1) for preservice, evidence-based professional
development programs that will assist local schools and
institutions of higher education to upgrade the
qualifications and skills of educational personnel who
are not certified or licensed, especially educational
paraprofessionals;
(2) for the development of curricula or other
instructional strategies appropriate to the needs of
the consortia participants involved;
(3) to support strategies that strengthen and
increase parent and community member engagement in the
education of English learners; and
(4) to share and disseminate evidence-based practices
in the instruction of English learners and in
increasing their student achievement.
CHAPTER D--GENERAL PROVISIONS
SEC. 1221. DEFINITIONS.
Except as otherwise provided, in this subpart:
(1) Child.--The term ``child'' means any individual
aged 3 through 21.
(2) Community-based organization.--The term
``community-based organization'' means a private
nonprofit organization of demonstrated effectiveness,
Indian tribe, or tribally sanctioned educational
authority, that is representative of a community or
significant segments of a community and that provides
educational or related services to individuals in the
community. Such term includes a Native Hawaiian or
Native American Pacific Islander native language
educational organization.
(3) Eligible entity.--The term ``eligible entity''
means--
(A) one or more local educational agencies;
or
(B) one or more local educational agencies,
in consortia (or collaboration) with an
institution of higher education, community-
based organization, or State educational
agency.
(4) Immigrant children and youth.--The term
``immigrant children and youth'' means individuals
who--
(A) are age 3 through 21;
(B) were not born in any State; and
(C) have not been attending one or more
schools in any one or more States for more than
3 full academic years.
(5) Indian tribe.--The term ``Indian tribe'' means
any Indian tribe, band, nation, or other organized
group or community, including any Native village or
Regional Corporation or Village Corporation as defined
in or established pursuant to the Alaska Native Claims
Settlement Act, that is recognized as eligible for the
special programs and services provided by the United
States to Indians because of their status as Indians.
(6) Language instruction educational program.--The
term ``language instruction educational program'' means
an instruction course--
(A) in which an English learner is placed for
the purpose of developing and attaining English
language proficiency, while meeting State
academic standards, as required by section
1111(b)(1); and
(B) that may make instructional use of both
English and a child's native language to enable
the child to develop and attain English
language proficiency, and may include the
participation of English language proficient
children if such course is designed to enable
all participating children to become proficient
in English and a second language.
(7) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' shall have the meanings given such terms in
section 103 of the Native American Languages Act.
(8) Native language.--The term ``native language'',
when used with reference to English learner, means--
(A) the language normally used by such
individual; or
(B) in the case of a child or youth, the
language normally used by the parents of the
child or youth.
(9) Paraprofessional.--The term ``paraprofessional''
means an individual who is employed in a preschool,
elementary school, or secondary school under the
supervision of a certified or licensed teacher,
including individuals employed in language instruction
educational programs, special education, and migratory
education.
(10) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
SEC. 1222. NATIONAL CLEARINGHOUSE.
The Secretary shall establish and support the operation of a
National Clearinghouse for English Language Acquisition and
Language Instruction Educational Programs, which shall collect,
analyze, synthesize, and disseminate information about language
instruction educational programs for English learners, and
related programs. The National Clearinghouse shall--
(1) be administered as an adjunct clearinghouse of
the Educational Resources Information Center
Clearinghouses system supported by the Institute of
Education Sciences;
(2) coordinate activities with Federal data and
information clearinghouses and entities operating
Federal dissemination networks and systems;
(3) develop a system for improving the operation and
effectiveness of federally funded language instruction
educational programs; and
(4) collect and disseminate information on--
(A) educational research and processes
related to the education of English learners;
and
(B) accountability systems that monitor the
academic progress of English learners in
language instruction educational programs,
including information on academic content and
English language proficiency assessments for
language instruction educational programs; and
(5) publish, on an annual basis, a list of grant
recipients under this subpart.
SEC. 1223. REGULATIONS.
In developing regulations under this subpart, the Secretary
shall consult with State educational agencies and local
educational agencies, organizations representing English
learners, and organizations representing teachers and other
personnel involved in the education of English learners.
Subpart 5--Rural Education Achievement Program
SEC. 1230. PURPOSE.
It is the purpose of this subpart to address the unique needs
of rural school districts that frequently--
(1) lack the personnel and resources needed to
compete effectively for Federal competitive grants; and
(2) receive formula grant allocations in amounts too
small to be effective in meeting their intended
purposes.
CHAPTER A--SMALL, RURAL SCHOOL ACHIEVEMENT PROGRAM
SEC. 1231. GRANT PROGRAM AUTHORIZED.
(a) In General.--From amounts appropriated under section
3(a)(1) for a fiscal year, the Secretary shall reserve .55 of
one percent to award grants to eligible local educational
agencies to enable the local educational agencies to carry out
activities authorized under any of the following provisions:
(1) Part A of title I.
(2) Title II.
(3) Title III.
(b) Allocation.--
(1) In general.--Except as provided in paragraph (3),
the Secretary shall award a grant under subsection (a)
to a local educational agency eligible under subsection
(d) for a fiscal year in an amount equal to the initial
amount determined under paragraph (2) for the fiscal
year minus the total amount received by the agency in
subpart 2 of part A of title II for the preceding
fiscal year.
(2) Determination of initial amount.--The initial
amount referred to in paragraph (1) is equal to $100
multiplied by the total number of students in excess of
50 students, in average daily attendance at the schools
served by the local educational agency, plus $20,000,
except that the initial amount may not exceed $60,000.
(3) Ratable adjustment.--
(A) In general.--If the amount made available
to carry out this section for any fiscal year
is not sufficient to pay in full the amounts
that local educational agencies are eligible to
receive under paragraph (1) for such year, the
Secretary shall ratably reduce such amounts for
such year.
(B) Additional amounts.--If additional funds
become available for making payments under
paragraph (1) for such fiscal year, payments
that were reduced under subparagraph (A) shall
be increased on the same basis as such payments
were reduced.
(c) Disbursement.--The Secretary shall disburse the funds
awarded to a local educational agency under this section for a
fiscal year not later than July 1 of that fiscal year.
(d) Eligibility.--
(1) In general.--A local educational agency shall be
eligible to use the applicable funding in accordance
with subsection (a) if--
(A)(i)(I) the total number of students in
average daily attendance at all of the schools
served by the local educational agency is fewer
than 600; or
(II) each county in which a school served by
the local educational agency is located has a
total population density of fewer than 10
persons per square mile; and
(ii) all of the schools served by the local
educational agency are designated with a school
locale code of 41, 42, or 43, as determined by
the Secretary; or
(B) the agency meets the criteria established
in subparagraph (A)(i) and the Secretary, in
accordance with paragraph (2), grants the local
educational agency's request to waive the
criteria described in subparagraph (A)(ii).
(2) Certification.--The Secretary shall determine
whether to waive the criteria described in paragraph
(1)(A)(ii) based on a demonstration by the local
educational agency, and concurrence by the State
educational agency, that the local educational agency
is located in an area defined as rural by a
governmental agency of the State.
(3) Hold harmless.--For a local educational agency
that is not eligible under this chapter but met the
eligibility requirements under this subsection as it
was in effect prior to the date of the enactment of the
Student Success Act, the agency shall receive--
(A) for fiscal year 2013, 75 percent of the
amount such agency received for fiscal year
2012;
(B) for fiscal year 2014, 50 percent of the
amount such agency received for fiscal year
2012; and
(C) for fiscal year 2015, 25 percent of the
amount such agency received for fiscal year
2012.
(e) Special Eligibility Rule.--A local educational agency
that receives a grant under this chapter for a fiscal year is
not eligible to receive funds for such fiscal year under
chapter B.
CHAPTER B--RURAL AND LOW-INCOME SCHOOL PROGRAM
SEC. 1235. PROGRAM AUTHORIZED.
(a) Grants to States.--
(1) In general.--From amounts appropriated under
section 3(a)(1) for a fiscal year, the Secretary shall
reserve .55 of one percent to for this chapter for a
fiscal year that are not reserved under subsection (c)
to award grants (from allotments made under paragraph
(2)) for the fiscal year to State educational agencies
that have applications submitted under section 1237
approved to enable the State educational agencies to
award grants to eligible local educational agencies for
local authorized activities described in section
1236(a).
(2) Allotment.--From amounts described in paragraph
(1) for a fiscal year, the Secretary shall allot to
each State educational agency for that fiscal year an
amount that bears the same ratio to those amounts as
the number of students in average daily attendance
served by eligible local educational agencies in the
State for that fiscal year bears to the number of all
such students served by eligible local educational
agencies in all States for that fiscal year.
(3) Specially qualified agencies.--
(A) Eligibility and application.--If a State
educational agency elects not to participate in
the program under this subpart or does not have
an application submitted under section 1237
approved, a specially qualified agency in such
State desiring a grant under this subpart may
submit an application under such section
directly to the Secretary to receive an award
under this subpart.
(B) Direct awards.--The Secretary may award,
on a competitive basis or by formula, the
amount the State educational agency is eligible
to receive under paragraph (2) directly to a
specially qualified agency in the State that
has submitted an application in accordance with
subparagraph (A) and obtained approval of the
application.
(C) Specially qualified agency defined.--In
this subpart, the term ``specially qualified
agency'' means an eligible local educational
agency served by a State educational agency
that does not participate in a program under
this subpart in a fiscal year, that may apply
directly to the Secretary for a grant in such
year under this subsection.
(b) Local Awards.--
(1) Eligibility.--A local educational agency shall be
eligible to receive a grant under this subpart if--
(A) 20 percent or more of the children ages 5
through 17 years served by the local
educational agency are from families with
incomes below the poverty line; and
(B) all of the schools served by the agency
are designated with a school locale code of 32,
33, 41, 42, 43, as determined by the Secretary.
(2) Award basis.--A State educational agency shall
award grants to eligible local educational agencies--
(A) on a competitive basis;
(B) according to a formula based on the
number of students in average daily attendance
served by the eligible local educational
agencies or schools in the State; or
(C) according to an alternative formula, if,
prior to awarding the grants, the State
educational agency demonstrates, to the
satisfaction of the Secretary, that the
alternative formula enables the State
educational agency to allot the grant funds in
a manner that serves equal or greater
concentrations of children from families with
incomes below the poverty line, relative to the
concentrations that would be served if the
State educational agency used the formula
described in subparagraph (B).
(c) Reservations.--From amounts reserved under section
1235(a)(1) for this chapter for a fiscal year, the Secretary
shall reserve--
(1) one-half of 1 percent to make awards to
elementary schools or secondary schools operated or
supported by the Bureau of Indian Education, to carry
out the activities authorized under this chapter; and
(2) one-half of 1 percent to make awards to the
outlying areas in accordance with their respective
needs, to carry out the activities authorized under
this chapter.
SEC. 1236. USES OF FUNDS.
(a) Local Awards.--Grant funds awarded to local educational
agencies under this chapter shall be used for activities
authorized under any of the following:
(1) Part A of title I.
(2) Title II.
(3) Title III.
(b) Administrative Costs.--A State educational agency
receiving a grant under this chapter may not use more than 5
percent of the amount of the grant for State administrative
costs and to provide technical assistance to eligible local
educational agencies.
SEC. 1237. APPLICATIONS.
(a) In General.--Each State educational agency or specially
qualified agency desiring to receive a grant under this chapter
shall submit an application to the Secretary at such time and
in such manner as the Secretary may require.
(b) Contents.--Each application submitted under subsection
(a) shall include--
(1) a description of how the State educational agency
or specially qualified agency will ensure eligible
local educational agencies receiving a grant under this
chapter will use such funds to help students meet the
State academic standards under section 1111(b)(1);
(2) if the State educational agency or specially
qualified agency will competitively award grants to
eligible local educational agencies, as described in
section 1235(b)(2)(A), the application under the
section shall include--
(A) the methods and criteria the State
educational agency or specially qualified
agency will use for reviewing applications and
awards funds to local educational agencies on a
competitive basis; and
(B) how the State educational agency or
specially qualified agency will notify eligible
local educational agencies of the grant
competition; and
(3) a description of how the State educational agency
or specially qualified agency will provide technical
assistance to eligible local educational agencies to
help such agencies implement the activities described
in section 1236(a).
SEC. 1238. ACCOUNTABILITY.
(a) State Report.--Each State educational agency or specially
qualified agency that receives a grant under this chapter shall
prepare and submit an annual report to the Secretary. The
report shall describe--
(1) the methods and criteria the State educational
agency or specially qualified agency used to award
grants to eligible local educational agencies, and to
provide assistance to schools, under this chapter;
(2) how local educational agencies and schools used
funds provided under this chapter; and
(3) the degree to which progress has been made toward
having all students meet the State academic standards
under section 1111(b)(1).
(b) Report to Congress.--The Secretary shall prepare and
submit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a biennial report.
The report shall describe--
(1) how State local educational agencies, local
educational agencies, and schools used funds provided
under this chapter; and
(2) the degree to which progress has been made toward
having all students meet the State academic standards
under section 1111(b)(1).
SEC. 1239. CHOICE OF PARTICIPATION.
(a) In General.--If a local educational agency is eligible
for funding under chapters A and B of this subpart, such local
educational agency may receive funds under either chapter A or
chapter B for a fiscal year, but may not receive funds under
both chapters.
(b) Notification.--A local educational agency eligible for
both chapters A and B of this subpart shall notify the
Secretary and the State educational agency under which of such
chapters such local educational agency intends to receive funds
for a fiscal year by a date that is established by the
Secretary for the notification.
CHAPTER C--GENERAL PROVISIONS
SEC. 1241. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.
(a) Census Determination.--Each local educational agency
desiring a grant under section 1231 and each local educational
agency or specially qualified agency desiring a grant under
chapter B shall--
(1) not later than December 1 of each year, conduct a
census to determine the number of students in average
daily attendance in kindergarten through grade 12 at
the schools served by the agency; and
(2) not later than March 1 of each year, submit the
number described in paragraph (1) to the Secretary (and
to the State educational agency, in the case of a local
educational agency seeking a grant under subpart 2).
(b) Penalty.--If the Secretary determines that a local
educational agency or specially qualified agency has knowingly
submitted false information under subsection (a) for the
purpose of gaining additional funds under section 1231 or
chapter B, then the agency shall be fined an amount equal to
twice the difference between the amount the agency received
under this section and the correct amount the agency would have
received under section 1231 or chapter B if the agency had
submitted accurate information under subsection (a).
SEC. 1242. SUPPLEMENT, NOT SUPPLANT.
Funds made available under chapter A or chapter B shall be
used to supplement, and not supplant, any other Federal, State,
or local education funds.
SEC. 1243. RULE OF CONSTRUCTION.
Nothing in this subpart shall be construed to prohibit a
local educational agency that enters into cooperative
arrangements with other local educational agencies for the
provision of special, compensatory, or other education
services, pursuant to State law or a written agreement, from
entering into similar arrangements for the use, or the
coordination of the use, of the funds made available under this
subpart.
Subpart 6--Indian Education
SEC. 1251. STATEMENT OF POLICY.
It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities toward the goal
of ensuring that programs that serve Indian children are of the
highest quality and provide for not only the basic elementary
and secondary educational needs, but also the unique
educational and culturally related academic needs of these
children.
SEC. 1252. PURPOSE.
It is the purpose of this subpart to support the efforts of
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities--
(1) to meet the unique educational and culturally
related academic needs of American Indian and Alaska
Native students, so that such students can meet the
State academic standards that all students are expected
to meet; and
(2) to ensure that school leaders, teachers, and
other staff who serve Indian and Alaska Native students
have the ability and training to provide appropriate
instruction to meet the unique academic needs of such
students.
CHAPTER A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
SEC. 1261. PURPOSE.
It is the purpose of this chapter to support local
educational agencies in their efforts to reform elementary
school and secondary school programs that serve Indian students
in order to ensure that such programs are designed to--
(1) meet the unique educational needs of such
students; and
(2) ensure that such students have the opportunity to
meet the State academic standards.
SEC. 1262. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
(a) In General.--From amounts appropriated under section
3(a)(1), the Secretary shall reserve .6 of one percent to local
educational agencies and Indian tribes in accordance with this
section and section 1263.
(b) Local Educational Agencies.--
(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this chapter
for any fiscal year if the number of Indian children
eligible under section 1267 who were enrolled in the
schools of the agency, and to whom the agency provided
free public education, during the preceding fiscal
year--
(A) was at least 10; or
(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, an Indian reservation.
(c) Indian Tribes.--
(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this chapter
does not establish a committee under section 1264(c)(4)
for such grant, an Indian tribe or a consortium of such
entities that represents not less than \1/3\ of the
eligible Indian children who are served by such local
educational agency may apply for such grant.
(2) Special rule.--The Secretary shall treat each
Indian tribe or consortium of such entities applying
for a grant pursuant to paragraph (1) as if such Indian
tribe were a local educational agency for purposes of
this chapter, except that any such tribe is not subject
to section 1264(c)(4) or section 1269.
(3) Eligibility.--If more than 1 Indian tribe
qualifies to apply for a grant under paragraph (1), the
entity that represents the most eligible Indian
children who are served by the local educational agency
shall be eligible to receive the grant or the tribes
may choose to apply in consortium.
SEC. 1263. AMOUNT OF GRANTS.
(a) Amount of Grant Awards.--
(1) In general.--Except as provided in subsection (b)
and paragraph (2), the Secretary shall allocate to each
local educational agency that has an approved
application under this chapter an amount equal to the
product of--
(A) the number of Indian children who are
eligible under section 1267 and served by such
agency; and
(B) the greater of--
(i) the average per pupil expenditure
of the State in which such agency is
located; or
(ii) 80 percent of the average per
pupil expenditure of all the States.
(2) Reduction.--The Secretary shall reduce the amount
of each allocation otherwise determined under this
section in accordance with subsection (e).
(b) Minimum Grant.--
(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 1262,
and a school that is operated or supported by the
Bureau of Indian Education that is eligible for a grant
under subsection (d), that submits an application that
is approved by the Secretary, shall, subject to
appropriations, receive a grant under this chapter in
an amount that is not less than $3,000.
(2) Consortia.--Local educational agencies may form a
consortium with other local educational agencies or
Indian tribes for the purpose of obtaining grants under
this chapter.
(3) Increase.--The Secretary may increase the minimum
grant under paragraph (1) to not more than $4,000 for
all grantees if the Secretary determines such an
increase is necessary to ensure the quality of the
programs provided.
(c) Definition.--For the purpose of this section, the term
``average per pupil expenditure'', used with respect to a
State, means an amount equal to--
(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
(d) Schools Operated or Supported by the Bureau of Indian
Education.--
(1) In general.--Subject to subsection (e), in
addition to the grants awarded under subsection (a),
the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of--
(A) the total number of Indian children
enrolled in schools that are operated by--
(i) the Bureau of Indian Education;
or
(ii) an Indian tribe, or an
organization controlled or sanctioned
by an Indian tribal government, for the
children of that tribe under a contract
with, or grant from, the Department of
the Interior under the Indian Self-
Determination Act or the Tribally
Controlled Schools Act of 1988; and
(B) the greater of--
(i) the average per pupil expenditure
of the State in which the school is
located; or
(ii) 80 percent of the average per
pupil expenditure of all the States.
(2) Special rule.--Any school described in paragraph
(1)(A) that wishes to receive an allocation under this
chapter shall submit an application in accordance with
section 1264, and shall otherwise be treated as a local
educational agency for the purpose of this chapter,
except that such school shall not be subject to section
1264(c)(4) or section 1269.
(e) Ratable Reductions.--If the sums reserved for any fiscal
year under section 1262(a) are insufficient to pay in full the
amounts determined for local educational agencies under
subsection (a)(1) and for the Secretary of the Interior under
subsection (d), each of those amounts shall be ratably reduced.
SEC. 1264. APPLICATIONS.
(a) Application Required.--Each local educational agency that
desires to receive a grant under this chapter shall submit an
application to the Secretary at such time and in such manner as
the Secretary may reasonably require.
(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that--
(1) describes how the comprehensive program will
offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska
Native students;
(2)(A) is aligned with and supports the State and
local plans submitted under other provisions of this
Act; and
(B) includes academic standards for such children
that are based on the State academic standards adopted
under subpart 1 for all children;
(3) explains how the local educational agency will
use the funds made available under this chapter to
supplement other Federal, State, and local programs,
especially programs carried out under subpart 1, to
meet the needs of such students;
(4) demonstrates how funds made available under this
chapter will be used for activities described in
section 1265;
(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
(A) teachers, school leaders, and other
school professionals who are new to the Indian
community are prepared to work with Indian
children; and
(B) all teachers who will be involved in
programs assisted under this chapter have been
properly trained to carry out such programs;
and
(6) describes how the local educational agency--
(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this chapter, in meeting the
standards described in paragraph (2);
(B) will provide the results of each
assessment referred to in subparagraph (A) to--
(i) the committee described in
subsection (c)(4); and
(ii) the community, including Indian
tribes, whose children are served by
the local educational agency; and
(C) is responding to findings of any previous
assessments that are similar to the assessments
described in subparagraph (A); and
(7) describes the processes the local educational
agency used to collaborate with Indian tribes in the
community in the development of the comprehensive
programs.
(c) Assurances.--Each application submitted under subsection
(a) shall include assurances that--
(1) the local educational agency will use funds
received under this chapter only to supplement the
funds that, in the absence of the Federal funds made
available under this chapter, such agency would make
available for the education of Indian children, and not
to supplant such funds;
(2) the local educational agency will prepare and
submit to the Secretary such reports in such form as
the Secretary may require to--
(A) carry out the functions of the Secretary
under this chapter; and
(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this chapter are
effective in improving the educational
achievement of Indian students served by such
agency;
(3) the program for which assistance is sought--
(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students for whom the local educational agency
is providing an education;
(B) will use the best available talents and
resources, including individuals from the
Indian community; and
(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian
students from secondary schools, including
through public hearings held by such agency to
provide to the individuals described in this
subparagraph a full opportunity to understand
the program and to offer recommendations
regarding the program; and
(4) the local educational agency developed the
program with the participation and written approval of
a committee--
(A) that is composed of, and selected by--
(i) parents of Indian children in the
local educational agency's schools;
(ii) teachers in the schools; and
(iii) if appropriate, Indian students
attending secondary schools of the
agency;
(B) a majority of whose members are parents
of Indian children;
(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
(D) with respect to an application describing
a schoolwide program in accordance with section
1265(c), that has--
(i) reviewed in a timely fashion the
program; and
(ii) determined that the program will
not diminish the availability of
culturally related activities for
American Indian and Alaska Native
students; and
(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
SEC. 1265. AUTHORIZED SERVICES AND ACTIVITIES.
(a) General Requirements.--Each local educational agency that
receives a grant under this chapter shall use the grant funds,
in a manner consistent with the purpose specified in section
1261, for services and activities that--
(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 1264(a);
(2) are designed with special regard for the language
and cultural needs of the Indian students; and
(3) supplement and enrich the regular school program
of such agency.
(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
(2) early childhood and family programs that
emphasize school readiness;
(3) enrichment programs that focus on problem solving
and cognitive skills development and directly support
the attainment of State academic standards;
(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
(5) programs that help engage parents and tribes to
meet the unique educational needs of Indian children;
(6) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Career and
Technical Education Act of 2006;
(7) activities to educate individuals concerning the
prevention of substance abuse, violence, and suicide;
(8) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve
the purpose described in section 1261;
(9) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
(10) activities that incorporate American Indian and
Alaska Native specific curriculum content, consistent
with State academic standards into the curriculum used
by the local educational agency;
(11) family literacy services; and
(12) activities that recognize and support the unique
cultural and educational needs of Indian children, and
incorporate appropriately qualified tribal elders and
seniors.
(c) Schoolwide Programs.--Notwithstanding any other provision
of law, a local educational agency may use funds made available
to such agency under this chapter to support a schoolwide
program under section 1114 if--
(1) the committee established pursuant to section
1264(c)(4) approves the use of the funds for the
schoolwide program; and
(2) the schoolwide program is consistent with the
purpose described in section 1261.
(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this chapter
for any fiscal year may be used for administrative purposes.
(e) Limitation on Use of Funds.--Funds provided to a grantee
under this chapter may not be used for long-distance travel
expenses for training activities available locally or
regionally.
SEC. 1266. INTEGRATION OF SERVICES AUTHORIZED.
(a) Plan.--An entity receiving funds under this chapter may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the entity,
shall authorize the entity to consolidate, in accordance with
such plan, the federally funded education and related services
programs of the entity and the Federal programs, or portions of
the programs, serving Indian students in a manner that
integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
(c) Programs Affected.--The funds that may be consolidated in
a demonstration project under any such plan referred to in
subsection (a) shall include funds for any Federal program
exclusively serving Indian children, or the funds reserved
under any Federal program to exclusively serve Indian children,
under which the entity is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services that would be used to
serve Indian students.
(d) Plan Requirements.--For a plan to be acceptable pursuant
to subsection (b), the plan shall--
(1) identify the programs or funding sources to be
consolidated;
(2) be consistent with the objectives of this section
concerning authorizing the services to be integrated in
a demonstration project;
(3) describe a comprehensive strategy that identifies
the full range of potential educational opportunities
and related services to be provided to assist Indian
students to achieve the objectives set forth in this
chapter;
(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
(5) identify the projected expenditures under the
plan in a single budget;
(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need
to be waived in order to implement the plan;
(8) set forth measures for student academic
achievement consistent with State academic standards
under section 1111(b)(1); and
(9) be approved by a committee formed in accordance
with section 1264(c)(4), if such a committee exists.
(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each
Federal department providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal departmental regulations, policies, or procedures
necessary to enable the entity to implement the plan.
Notwithstanding any other provision of law, the Secretary of
the affected department shall have the authority to waive any
regulation, policy, or procedure promulgated by that department
that has been so identified by the entity or department, unless
the Secretary of the affected department determines that such a
waiver is inconsistent with the objectives of this chapter or
those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
(f) Plan Approval.--Within 90 days after the receipt of an
entity's plan by the Secretary, the Secretary shall inform the
entity, in writing, of the Secretary's approval or disapproval
of the plan. If the plan is disapproved, the entity shall be
informed, in writing, of the reasons for the disapproval and
shall be given an opportunity to amend the plan or to petition
the Secretary to reconsider such disapproval.
(g) Responsibilities of Department of Education.--The
Secretary of Education, the Secretary of the Interior, and the
head of any other Federal department or agency identified by
the Secretary of Education, shall enter into an
interdepartmental memorandum of agreement providing for the
implementation and coordination of the demonstration projects
authorized under this section. The lead agency head for a
demonstration project under this section shall be--
(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other entity.
(h) Responsibilities of Lead Agency.--The responsibilities of
the lead agency shall include--
(1) the use of a single report format related to the
plan for the individual project, which shall be used by
an eligible entity to report on the activities
undertaken under the project;
(2) the use of a single report format related to the
projected expenditures for the individual project which
shall be used by an eligible entity to report on all
project expenditures;
(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format shall require that reports
described in subsection (h), together with records maintained
on the consolidated program at the local level, shall contain
such information as will allow a determination that the
eligible entity has complied with the requirements incorporated
in its approved plan, including making a demonstration of
student academic achievement, and will provide assurances to
each Secretary that the eligible entity has complied with all
directly applicable statutory requirements and with those
directly applicable regulatory requirements that have not been
waived.
(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide
for an interagency transfer of funds otherwise available to an
eligible entity in order to further the objectives of this
section.
(l) Administration of Funds.--
(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to
allow for a determination that funds from a specific
program are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
that shall be allocated to such program.
(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under the approved
plan to the individual programs under which funds were
authorized for the services or activities, nor shall
the eligible entity be required to allocate
expenditures among such individual programs.
(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as the
difference between the amount of the commingled funds and the
actual administrative cost of the programs) shall be considered
to be properly spent for Federal audit purposes, if the overage
is used for the purposes provided for under this section.
(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill the responsibilities for the
safeguarding of Federal funds pursuant to chapter 75 of title
31, United States Code.
(o) Report on Statutory Obstacles to Program Integration.--
(1) In general.--The Secretary of Education shall
annually submit a report to the Committee on Health,
Education, Labor, and Pensions and the Committee on
Indian Affairs of the Senate, and the Committee on
Education and the Workforce and the Committee on
Natural Resources of the House of Representatives on
the status of the implementation of the demonstration
projects authorized under this section.
(2) Contents.--Such report shall identify--
(A) statutory barriers to the ability of
participants to more effectively integrate
their education and related services to Indian
students in a manner consistent with the
objectives of this section; and
(B) the effective practices for program
integration that result in increased student
achievement and other relevant outcomes for
Indian students.
(p) Definitions.--For the purposes of this section, the term
``Secretary'' means--
(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
(2) the Secretary of Education, in the case of any
other entity.
SEC. 1267. STUDENT ELIGIBILITY FORMS.
(a) In General.--The Secretary shall require that, as part of
an application for a grant under this chapter, each applicant
shall maintain a file, with respect to each Indian child for
whom the local educational agency provides a free public
education, that contains a form that sets forth information
establishing the status of the child as an Indian child
eligible for assistance under this chapter, and that otherwise
meets the requirements of subsection (b).
(b) Forms.--The form described in subsection (a) shall
include--
(1) either--
(A)(i) the name of the tribe or band of
Indians (as defined in section 1291) with
respect to which the child claims membership;
(ii) the enrollment number establishing the
membership of the child (if readily available);
and
(iii) the name and address of the
organization that maintains updated and
accurate membership data for such tribe or band
of Indians; or
(B) the name, the enrollment number (if
readily available), and the name and address of
the organization responsible for maintaining
updated and accurate membership data, of any
parent or grandparent of the child from whom
the child claims eligibility under this
chapter, if the child is not a member of the
tribe or band of Indians (as so defined);
(2) a statement of whether the tribe or band of
Indians (as so defined), with respect to which the
child, or parent or grandparent of the child, claims
membership, is federally recognized;
(3) the name and address of the parent or legal
guardian of the child; and
(4) a signature of the parent or legal guardian of
the child that verifies the accuracy of the information
supplied.
(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 1291.
(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-1986 academic year
to establish the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act shall
be the forms and standards of proof used--
(1) to establish eligibility under this chapter; and
(2) to meet the requirements of subsection (a).
(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant award under section 1263, the membership
of the child, or any parent or grandparent of the child, in a
tribe or band of Indians (as so defined) may be established by
proof other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of such tribe
or band. Nothing in subsection (b) shall be construed to
require the furnishing of an enrollment number.
(f) Monitoring and Evaluation Review.--
(1) In general.--
(A) Review.--For each fiscal year, in order
to provide such information as is necessary to
carry out the responsibility of the Secretary
to provide technical assistance under this
chapter, the Secretary shall conduct a
monitoring and evaluation review of a sampling
of the recipients of grants under this chapter.
The sampling conducted under this subparagraph
shall take into account the size of and the
geographic location of each local educational
agency.
(B) Exception.--A local educational agency
may not be held liable to the United States or
be subject to any penalty, by reason of the
findings of an audit that relates to the date
of completion, or the date of submission, of
any forms used to establish, before April 28,
1988, the eligibility of a child for an
entitlement under the Indian Elementary and
Secondary School Assistance Act.
(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this chapter shall--
(A) be ineligible to apply for any other
grant under this chapter; and
(B) be liable to the United States for any
funds from the grant that have not been
expended.
(3) Excluded children.--A student who provides false
information for the form required under subsection (a)
shall not be counted for the purpose of computing the
amount of a grant under section 1263.
(g) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, in calculating the amount of a
grant under this chapter to a tribal school that receives a
grant or contract from the Bureau of Indian Education, the
Secretary shall use only one of the following, as selected by
the school:
(1) A count of the number of students in the schools
certified by the Bureau.
(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
(h) Timing of Child Counts.--For purposes of determining the
number of children to be counted in calculating the amount of a
local educational agency's grant under this chapter (other than
in the case described in subsection (g)(1)), the local
educational agency shall--
(1) establish a date on, or a period not longer than
31 consecutive days during, which the agency counts
those children, if that date or period occurs before
the deadline established by the Secretary for
submitting an application under section 1264; and
(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the
agency on that date or during that period, as the case
may be.
SEC. 1268. PAYMENTS.
(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this chapter the amount determined under section 1263. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
(b) Payments Taken Into Account by the State.--The Secretary
may not make a grant under this chapter to a local educational
agency for a fiscal year if, for such fiscal year, the State in
which the local educational agency is located takes into
consideration payments made under this chapter in determining
the eligibility of the local educational agency for State aid,
or the amount of the State aid, with respect to the free public
education of children during such fiscal year or the preceding
fiscal year.
(c) Reallocations.--The Secretary may reallocate, in a manner
that the Secretary determines will best carry out the purpose
of this chapter, any amounts that--
(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this chapter; or
(2) otherwise become available for reallocation under
this chapter.
SEC. 1269. STATE EDUCATIONAL AGENCY REVIEW.
Before submitting an application to the Secretary under
section 1264, a local educational agency shall submit the
application to the State educational agency, which may comment
on such application. If the State educational agency comments
on the application, the agency shall comment on all
applications submitted by local educational agencies in the
State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
CHAPTER B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
SEC. 1271. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
(a) Purpose.--
(1) In general.--It is the purpose of this section to
support projects to develop, test, and demonstrate the
effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
(2) Coordination.--The Secretary shall take the
necessary actions to achieve the coordination of
activities assisted under this chapter with--
(A) other programs funded under this Act; and
(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children.
(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students,
Indian institution (including an Indian institution of higher
education), or a consortium of such entities.
(c) Grants Authorized.--
(1) In general.--From amounts appropriated under
section 3(a)(1), the Secretary shall reserve 0.2 of one
percent to award grants to eligible entities to enable
such entities to carry out activities under this
section and section 1272.
(2) Uses of funds.--An eligible entity that receives
a grant under this section shall use the funds for one
or more activities, including--
(A) innovative programs related to the
educational needs of educationally
disadvantaged children;
(B) educational services that are not
available to such children in sufficient
quantity or quality, including remedial
instruction, to raise the achievement of Indian
children in one or more of the core academic
subjects of English, mathematics, science,
foreign languages, art, history, and geography;
(C) bilingual and bicultural programs and
projects;
(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children;
(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of high school
graduation for Indian children;
(F) comprehensive guidance, counseling, and
testing services;
(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary to postsecondary education;
(I) partnership projects between schools and
local businesses for career preparation
programs designed to provide Indian youth with
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
(J) programs designed to encourage and assist
Indian students to work toward, and gain
entrance into, an institution of higher
education;
(K) family literacy services;
(L) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately
qualified tribal elders and seniors; or
(M) other services that meet the purpose
described in this section.
(3) Professional development.--Evidence based
professional development of teaching professionals and
paraprofessionals may be a part of any program assisted
under this section.
(d) Grant Requirements and Applications.--
(1) Grant requirements.--
(A) In general.--The Secretary may make
multiyear grants under subsection (c) for the
planning, development, pilot operation, or
demonstration of any activity described in
subsection (c) for a period not to exceed 5
years.
(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary
shall give priority to entities submitting
applications that present a plan for combining
two or more of the activities described in
subsection (c) over a period of more than 1
year.
(C) Progress.--The Secretary shall make a
grant payment for a grant described in this
paragraph to an eligible entity after the
initial year of the multiyear grant only if the
Secretary determines that the eligible entity
has made substantial progress in carrying out
the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications
to such application.
(2) Dissemination grants.--
(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1),
the Secretary may award grants under subsection
(c) to eligible entities for the dissemination
of exemplary materials or programs assisted
under this section.
(B) Determination.--The Secretary may award a
dissemination grant described in this paragraph
if, prior to awarding the grant, the Secretary
determines that the material or program to be
disseminated--
(i) has been adequately reviewed;
(ii) has demonstrated educational
merit; and
(iii) can be replicated.
(3) Application.--
(A) In general.--Any eligible entity that
desires to receive a grant under this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may reasonably require.
(B) Contents.--Each application submitted to
the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
(i) a description of how parents of
Indian children and representatives of
Indian tribes have been, and will be,
involved in developing and implementing
the activities for which assistance is
sought;
(ii) assurances that the applicant
will participate, at the request of the
Secretary, in any national evaluation
of activities assisted under this
section;
(iii) information demonstrating that
the proposed program for the activities
is an evidence-based program, which may
include a program that has been
modified to be culturally appropriate
for students who will be served; and
(iv) a description of how the
applicant will incorporate the proposed
activities into the ongoing school
program involved once the grant period
is over.
(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this chapter for any fiscal
year may be used for administrative purposes.
SEC. 1272. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
(a) Purposes.--The purposes of this section are--
(1) to increase the number of qualified Indian
teachers, school leaders, or other education
professionals serving Indian students, including
through recruitment strategies;
(2) to provide training to qualified Indian
individuals to enable such individuals to become
effective teachers, school leaders, administrators,
teacher aides, social workers, and ancillary
educational personnel; and
(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means--
(1) an institution of higher education, including an
Indian institution of higher education;
(2) a State educational agency or local educational
agency, in consortium with an institution of higher
education;
(3) an Indian tribe or organization, in consortium
with an institution of higher education; and
(4) a Bureau-funded school (as defined in section
1146 of the Education Amendments of 1978).
(c) Program Authorized.--The Secretary is authorized to award
grants from funds reserved under section 1271(c)(1) to eligible
entities having applications approved under this section to
enable those entities to carry out the activities described in
subsection (d).
(d) Authorized Activities.--
(1) In general.--Grant funds under this section shall
be used for activities to provide support and training
for Indian individuals in a manner consistent with the
purposes of this section.
(2) Special rules.--
(A) Type of training.--For education
personnel, the training received pursuant to a
grant under this section may be inservice or
preservice training.
(B) Program.--For individuals who are being
trained to enter any education-related field
other than teaching, the training received
pursuant to a grant under this section shall be
in a program that results in a graduate degree.
(e) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at
such time and in such manner as the Secretary may reasonable
require. An application shall include how the eligible entity
will--
(1) recruit qualified Indian individuals, such as
students who may not be of traditional college age, to
become teachers or school leaders;
(2) use funds made available under the grant to
support the recruitment, preparation, and professional
development of Indian teachers or school leaders in
local educational agencies that serve a high proportion
of Indian students; and
(3) assist participants in meeting the requirements
under subsection (h).
(f) Special Rule.--In awarding grants under this section, the
Secretary--
(1) shall consider the prior performance of the
eligible entity; and
(2) may not limit eligibility to receive a grant
under this section on the basis of--
(A) the number of previous grants the
Secretary has awarded such entity; or
(B) the length of any period during which
such entity received such grants.
(g) Grant Period.--Each grant under this section shall be
awarded for an initial period of not more than three years, and
may be renewed for not more than an additional two years if the
Secretary finds that the grantee is meeting the grant
objectives.
(h) Service Obligation.--
(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
(A) perform work--
(i) related to the training received
under this section; and
(ii) that benefits Indian people; or
(B) repay all or a prorated part of the
assistance received.
(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12
months after the date of completion of the training,
and periodically thereafter, provide information
concerning compliance with the work requirement under
paragraph (1).
CHAPTER C--FEDERAL ADMINISTRATION
SEC. 1281. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ``Council''), which shall--
(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
(2) represent different geographic areas of the
United States.
(b) Duties.--The Council shall--
(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this subpart--
(A) with respect to which the Secretary has
jurisdiction; and
(B)(i) that includes Indian children or
adults as participants; or
(ii) that may benefit Indian children or
adults;
(2) make recommendations to the Secretary for filling
the position of Director of Indian Education whenever a
vacancy occurs; and
(3) submit to Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
(B) recommendations concerning the funding of
any program described in subparagraph (A).
SEC. 1282. PEER REVIEW.
The Secretary may use a peer review process to review
applications submitted to the Secretary under chapter B.
SEC. 1283. PREFERENCE FOR INDIAN APPLICANTS.
In making grants and entering into contracts or cooperative
agreements under chapter B, the Secretary shall give a
preference to Indian tribes, organizations, and institutions of
higher education under any program with respect to which Indian
tribes, organizations, and institutions are eligible to apply
for grants, contracts, or cooperative agreements.
SEC. 1284. MINIMUM GRANT CRITERIA.
The Secretary may not approve an application for a grant,
contract, or cooperative agreement under chapter B unless the
application is for a grant, contract, or cooperative agreement
that is--
(1) of sufficient size, scope, and quality to achieve
the purpose or objectives of such grant, contract, or
cooperative agreement; and
(2) based on relevant research findings.
CHAPTER D--DEFINITIONS
SEC. 1291. DEFINITIONS.
For the purposes of this subpart:
(1) Adult.--The term ``adult'' means an individual
who--
(A) has attained the age of 16 years; or
(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
(2) Alaska native.--The term ``Alaska Native'' has
the same meaning as the term ``Native'' has in section
3(b) of the Alaska Native Claims Settlement Act.
(3) Free public education.--The term ``free public
education'' means education that is--
(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
(4) Indian.--The term ``Indian'' means an individual
who is--
(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
(i) any tribe or band terminated
since 1940; and
(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
(C) considered by the Secretary of the
Interior to be an Indian for any purpose;
(D) an Eskimo, Aleut, or other Alaska Native;
or
(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as in effect the day
preceding the date of enactment of the
Improving America's Schools Act of 1994.
PART [E] B--NATIONAL ASSESSMENT OF TITLE I
SEC. [1501.] 1301. EVALUATIONS.
(a) National Assessment of Title I.--
(1) In general.--The Secretary, acting through the
Director of the Institute of Education Sciences (in
this section and section 1302 referred to as the
``Director''), shall conduct a national assessment of
the programs assisted under this title and the impact
of this title on States, local educational agencies,
schools, and students.
(2) Issues to be examined.--In conducting the
assessment under this subsection, the [Secretary]
Director shall examine, at a minimum, the following:
(A) The implementation of programs assisted
under this title and the impact of such
implementation on increasing student academic
achievement (particularly in schools with high
concentrations of children living in poverty),
relative to the goal of all students [reaching
the proficient level of achievement based on
State academic assessments, challenging State
academic content standards, and challenging
State student academic achievement standards
under section 1111.] graduating high school
prepared for postsecondary education or the
workforce.
(B) The types of programs and services that
have demonstrated the greatest likelihood of
helping students [reach the proficient and
advanced levels of achievement based on State
student academic achievement standards and
State academic content standards.] meet State
academic standards.
* * * * * * *
[(D) Each State's definition of adequate
yearly progress, including--
[(i) the impact of applying this
definition to schools, local
educational agencies, and the State;
[(ii) the number of schools and local
educational agencies not meeting this
definition; and
[(iii) the changes in the
identification of schools in need of
improvement as a result of such
definition.]
[(E)] (D) How schools, local educational
agencies, and States have--
(i) * * *
* * * * * * *
(v) used State educational agency and
local educational agency funds and
resources to [help schools in which 50
percent or more of the students are
from families with incomes below the
poverty line meet the requirement
described in section 1119 of having all
teachers highly qualified not later
than the end of the 2005-2006 school
year.] address disparities in the
percentages of effective teachers
teaching in low-income schools.
[(F)] (E) The implementation of schoolwide
programs and targeted assistance programs under
this title and the impact of such programs on
improving student academic achievement,
including the extent to which schools meet the
requirements of such programs.
[(G) The extent to which varying models of
comprehensive school reform are funded and
implemented under this title, and the effect of
the implementation of such models on improving
achievement of disadvantaged students.]
[(H)] (F) The costs as compared to the
benefits of the activities assisted under this
title.
[(I)] (G) The extent to which actions
authorized under [section 1116] section
1111(b)(3)(B)(iii) are implemented by State
educational agencies and local educational
agencies to improve the academic achievement of
students in low-performing schools, and the
effectiveness of the implementation of such
actions[, including the following:
[(i) The number of schools identified
for school improvement and how many
years the schools remain in this
status.
[(ii) The types of support provided
by the State educational agencies and
local educational agencies to schools
and local educational agencies
respectively identified as in need of
improvement, and the impact of such
support on student achievement.
[(iii) The number of parents who take
advantage of the public school choice
provisions of this title, the costs
(including transportation costs)
associated with implementing these
provisions, the implementation of these
provisions, and the impact of these
provisions (including the impact of
attending another school) on student
achievement.
[(iv) The number of parents who
choose to take advantage of the
supplemental educational services
option, the criteria used by the States
to determine the quality of providers,
the kinds of services that are
available and utilized, the costs
associated with implementing this
option, and the impact of receiving
supplemental educational services on
student achievement.
[(v) The implementation and impact of
actions that are taken with regard to
schools and local educational agencies
identified for corrective action and
restructuring.].
[(J)] (H) The extent to which State and local
fiscal accounting requirements under this title
affect the flexibility of schoolwide programs.
[(K)] (I) The implementation and impact of
the professional development activities
assisted under this title and title II on
instruction, student academic achievement, and
teacher [qualifications] effectiveness.
[(L)] (J) The extent to which the assistance
made available under this title[, including
funds under section 1002,] is targeted to
disadvantaged students, schools, and local
educational agencies with the greatest need.
[(M)] (K) The effectiveness of Federal
administration assistance made available under
this title, including monitoring and technical
assistance.
[(N)] (L) The academic achievement of the
groups of students described in [section
1111(b)(2)(C)(v)(II)] section
1111(b)(3)(B)(ii)(II).
[(O)] (M) Such other issues as the
[Secretary] Director considers appropriate.
(3) Sources of information.--In conducting the
assessment under this subsection, the [Secretary]
Director shall use information from a variety of
sources, including the National Assessment of
Educational Progress (carried out under section 303 of
the National Assessment of Educational Progress
Authorization Act), State evaluations, and other
research studies.
(4) Coordination.--In carrying out this subsection,
the [Secretary] Director shall--
(A) * * *
* * * * * * *
(5) Developmentally appropriate measures.--In
conducting the national assessment under this
subsection, the [Secretary] Director shall use
developmentally appropriate measures to assess student
academic achievement.
(6) Reports.--
(A) Interim report.--Not later than 3 years
after the date of enactment of the [No Child
Left Behind Act of 2001] Student Success Act,
the [Secretary] Director shall transmit to the
President, the Committee on Education and the
Workforce of the House of Representatives, and
the Committee on Health, Education, Labor, and
Pensions of the Senate an interim report on the
national assessment conducted under this
subsection.
(B) Final report.--Not later than 5 years
after the date of enactment of the [No Child
Left Behind Act of 2001] Student Success Act,
the [Secretary] Director shall transmit to the
President, the Committee on Education and the
Workforce of the House of Representatives, and
the Committee on Health, Education, Labor, and
Pensions of the Senate a final report on the
national assessment conducted under this
subsection.
(b) Studies and Data Collection.--
(1) In general.--In addition to other activities
described in this section, the [Secretary] Director
may, directly or through awarding grants to or entering
into contracts with appropriate entities--
(A) * * *
* * * * * * *
(2) Minimum information.--In carrying out this
subsection, the [Secretary] Director shall collect, at
a minimum, trend information on the effect of each
program authorized under this title, which shall
complement the data collected and reported under
subsections (a) and (c).
(c) National Longitudinal Study.--
(1) In general.--The [Secretary] Director shall
conduct a longitudinal study of schools receiving
assistance under [part A] subpart 1 of part A.
(2) Issues to be examined.--In carrying out this
subsection, the [Secretary] Director shall ensure that
the study referred to in paragraph (1) provides
Congress and educators with each of the following:
(A) * * *
(B) Information that can be used to improve
the effectiveness of the assistance made
available under this title in enabling students
to meet [challenging academic achievement
standards] State academic standards.
* * * * * * *
(E) An analysis of the [effects of the
availability of school choice options under
section 1116 on the academic achievement of
disadvantaged students, on schools in school
improvement, and on schools from which students
have transferred under such options.] extent to
which actions authorized under section
1111(b)(3)(B)(iii) improve the academic
achievement of disadvantaged students and low-
performing schools.
(F) Such other information as the [Secretary]
Director considers appropriate.
(3) Scope.--In conducting the study referred to in
paragraph (1), the [Secretary] Director shall ensure
that the study--
(A) * * *
* * * * * * *
[(C) analyzes varying models or strategies
for delivering school services, including--
[(i) schoolwide and targeted
services; and
[(ii) comprehensive school reform
models.]
(C) analyzes varying models or strategies for
delivering school services, including
schoolwide and targeted services.
(d) Independent Review Panel.--
(1) In general.--The [Secretary] Director shall
establish an independent review panel (in this
subsection referred to as the ``Review Panel'') to
advise the [Secretary] Director on methodological and
other issues that arise in carrying out subsections (a)
and (c).
(2) Appointment of members.--
(A) In general.--Subject to subparagraph (B),
the [Secretary] Director shall appoint members
of the Review Panel from among qualified
individuals who are--
(i) * * *
* * * * * * *
(B) Limitations.--In appointing members of
the Review Panel, the [Secretary] Director
shall ensure that--
(i) * * *
* * * * * * *
(3) Functions.--The Review Panel shall consult with
and advise the [Secretary] Director--
(A) * * *
* * * * * * *
[SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
[(a) In General.--From the funds appropriated for any fiscal
year under section 1002(e)(1), the Secretary may award grants
to State educational agencies, local educational agencies,
other public agencies, nonprofit organizations, public or
private partnerships involving business and industry
organizations, and consortia of such entities to carry out
demonstration projects that show the most promise of enabling
children served under this title to meet challenging State
academic content standards and challenging State student
academic achievement standards.
[(b) Evaluation.--The Secretary shall evaluate the
demonstration projects supported under this title, using
rigorous methodological designs and techniques, including
control groups and random assignment, to the extent feasible,
to produce reliable evidence of effectiveness.
[(c) Partnerships.--From funds appropriated under section
1002(e)(1) for any fiscal year, the Secretary may, directly or
through grants or contracts, work in partnership with State
educational agencies, local educational agencies, other public
agencies, and nonprofit organizations to disseminate and use
the highest quality research and knowledge about effective
practices to improve the quality of teaching and learning in
schools assisted under this title.]
SEC. [1503.] 1302. ASSESSMENT EVALUATION.
(a) In General.--The [Secretary] Director shall conduct an
independent study of assessments used for State accountability
purposes [and for making decisions about the promotion and
graduation of students]. Such research shall be conducted over
a period not to exceed 5 years and shall address the components
described in subsection (d).
(b) Contract Authorized.--The [Secretary] Director is
authorized to award a contract, through a peer review
[process,] process consistent with section 1206, to an
organization or entity capable of conducting rigorous,
independent research. The [Assistant Secretary of Educational
Research and Improvement] Director shall appoint peer reviewers
to evaluate the applications for this contract.
* * * * * * *
(d) Components of the Research Program.--The study described
in subsection (a) shall examine--
(1) the effect of the assessment and accountability
systems described in section (c) on students, teachers,
parents, families, schools, school districts, and
States, including correlations between such systems
and--
(A) student academic achievement, progress
[to the State-defined level of proficiency]
toward meeting the State academic standards,
and progress toward closing achievement gaps,
based on independent measures;
* * * * * * *
(C) changes in turnover rates among teachers,
principals, and [pupil-services] specialized
instructional support services personnel;
* * * * * * *
(3) the effect of the academic assessments on low,
middle, and high socioeconomic status students,
[limited and nonlimited English proficient students]
English learners, racial and ethnic minority students,
and nonracial or nonethnic minority students;
* * * * * * *
(6) such other factors as the [Secretary] Director
finds appropriate.
* * * * * * *
(f) Reservation of Funds.--The [Secretary] Director may
reserve up to 15 percent of the funds [authorized to be
appropriated for this part] appropriated under section 3(a)(2)
to carry out the study, except such reservation of funds shall
not exceed $1,500,000.
[SEC. 1504. CLOSE UP FELLOWSHIP PROGRAM.
[(a) Program for Middle School and Secondary School
Students.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
middle school and secondary school students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged students who participate in the
programs described in subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by students pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made to
economically disadvantaged middle
school and secondary school students;
[(ii) every effort shall be made to
ensure the participation of students
from rural, small town, and urban
areas;
[(iii) in awarding the fellowships to
economically disadvantaged students,
special consideration shall be given to
the participation of those students
with special educational needs,
including students with disabilities,
ethnic minority students, and students
with migrant parents; and
[(iv) the funds received under this
subsection shall be properly disbursed.
[(b) Program for Middle School and Secondary School
Teachers.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of professional development for middle
school and secondary school teachers and its
programs to increase civic responsibility and
understanding of the Federal Government among
the teachers' students.
[(B) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to teachers who
participate in the programs described in
subparagraph (A).
[(C) Name of fellowships.--Financial
assistance received by teachers pursuant to
this subsection shall be known as Close Up
fellowships.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up fellowships provided
under this subsection shall be made
only to a teacher who has worked with
at least one student from such
teacher's school who participates in a
program described in subsection
(a)(1)(A);
[(ii) no teacher shall receive more
than one such fellowship in any fiscal
year; and
[(iii) the funds received under this
subsection shall be properly disbursed.
[(c) Programs for New Americans.--
[(1) Establishment.--
[(A) General authority.--In accordance with
this subsection, the Secretary may make grants
to the Close Up Foundation of Washington,
District of Columbia, a nonpartisan, nonprofit
foundation, for the purpose of assisting the
Close Up Foundation in carrying out its
programs of increasing civic responsibility and
understanding of the Federal Government among
economically disadvantaged middle school and
secondary school recent immigrant students.
[(B) Definition.--In this subsection, the
term ``recent immigrant student'' means a
student who is a member of a family that
immigrated to the United States within 5 years
of the student's participation in such a
program.
[(C) Use of funds.--Grants under this
subsection shall be used only to provide
financial assistance to economically
disadvantaged recent immigrant students and
their teachers who participate in the programs
described in subparagraph (A).
[(D) Name of fellowships.--Financial
assistance received by students and teachers
pursuant to this subsection shall be known as
Close Up Fellowships for New Americans.
[(2) Applications.--
[(A) Application required.--No grant under
this subsection may be made except upon an
application at such time, in such manner, and
accompanied by such information as the
Secretary may reasonably require.
[(B) Contents of application.--Each
application submitted under this paragraph
shall contain assurances that--
[(i) Close Up Fellowships for New
Americans shall be made to economically
disadvantaged middle school and
secondary school recent immigrant
students;
[(ii) every effort shall be made to
ensure the participation of recent
immigrant students from rural, small
town, and urban areas;
[(iii) in awarding the fellowships to
economically disadvantaged recent
immigrant students, special
consideration shall be given to the
participation of those students with
special educational needs, including
students with disabilities, students
with migrant parents, and ethnic
minority students;
[(iv) fully describe the activities
to be carried out with the proceeds of
the grant made under paragraph (1); and
[(v) the funds received under this
subsection shall be properly disbursed.
[(d) General Provisions.--
[(1) Administrative provisions.--
[(A) Accountability.--In consultation with
the Secretary, the Close Up Foundation shall
devise and implement procedures to measure the
efficacy of the programs authorized in
subsections (a), (b), and (c) in attaining
objectives that include the following:
[(i) Providing young people with an
increased understanding of the Federal
Government.
[(ii) Heightening a sense of civic
responsibility among young people.
[(iii) Enhancing the skills of
educators in teaching young people
about civic responsibility, the Federal
Government, and attaining citizenship
competencies.
[(B) General rule.--Payments under this
section may be made in installments, in
advance, or by way of reimbursement, with
necessary adjustments on account of
underpayments or overpayments.
[(C) Audit rule.--The Comptroller General of
the United States or any of the Comptroller
General's duly authorized representatives shall
have access for the purpose of audit and
examination to any books, documents, papers,
and records that are pertinent to any grant
under this section.
[(2) Continuation of awards.--Notwithstanding any
other provision of this Act, any person or entity that
was awarded a grant under part G of title X before the
date of enactment of the No Child Left Behind Act of
2001 shall continue to receive funds in accordance with
the terms of such award until the date on which the
award period terminates under such terms.
[PART I--GENERAL PROVISIONS
[SEC. 1901. FEDERAL REGULATIONS.
[(a) In General.--The Secretary may issue such regulations as
are necessary to reasonably ensure that there is compliance
with this title.
[(b) Negotiated Rulemaking Process.--
[(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers,
paraprofessionals, and members of local school boards
and other organizations involved with the
implementation and operation of programs under this
title.
[(2) Meetings and electronic exchange.--Such advice
and recommendations may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information.
[(3) Proposed regulations.--After obtaining such
advice and recommendations, and before publishing
proposed regulations, the Secretary shall--
[(A) establish a negotiated rulemaking
process on, at a minimum, standards and
assessments;
[(B) select individuals to participate in
such process from among individuals or groups
that provided advice and recommendations,
including representation from all geographic
regions of the United States, in such numbers
as will provide an equitable balance between
representatives of parents and students and
representatives of educators and education
officials; and
[(C) prepare a draft of proposed policy
options that shall be provided to the
individuals selected by the Secretary under
subparagraph (B) not less than 15 days before
the first meeting under such process.
[(4) Process.--Such process--
[(A) shall be conducted in a timely manner to
ensure that final regulations are issued by the
Secretary not later than 1 year after the date
of enactment of the No Child Left Behind Act of
2001; and
[(B) shall not be subject to the Federal
Advisory Committee Act, but shall otherwise
follow the provisions of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
[(5) Emergency situation.--In an emergency situation
in which regulations to carry out this title must be
issued within a very limited time to assist State
educational agencies and local educational agencies
with the operation of a program under this title, the
Secretary may issue proposed regulations without
following such process but shall, immediately
thereafter and before issuing final regulations,
conduct regional meetings to review such proposed
regulations.
[(c) Limitation.--Regulations to carry out this part may not
require local programs to follow a particular instructional
model, such as the provision of services outside the regular
classroom or school program.
[SEC. 1902. AGREEMENTS AND RECORDS.
[(a) Agreements.--All published proposed regulations shall
conform to agreements that result from negotiated rulemaking
described in section 1901 unless the Secretary reopens the
negotiated rulemaking process or provides a written explanation
to the participants involved in the process explaining why the
Secretary decided to depart from, and not adhere to, such
agreements.
[(b) Records.--The Secretary shall ensure that an accurate
and reliable record of agreements reached during the
negotiations process is maintained.
[SEC. 1903. STATE ADMINISTRATION.
[(a) Rulemaking.--
[(1) In general.--Each State that receives funds
under this title shall--
[(A) ensure that any State rules,
regulations, and policies relating to this
title conform to the purposes of this title and
provide any such proposed rules, regulations,
and policies to the committee of practitioners
created under subsection (b) for review and
comment;
[(B) minimize such rules, regulations, and
policies to which the State's local educational
agencies and schools are subject;
[(C) eliminate or modify State and local
fiscal accounting requirements in order to
facilitate the ability of schools to
consolidate funds under schoolwide programs;
and
[(D) identify any such rule, regulation, or
policy as a State-imposed requirement.
[(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the challenging State student academic
achievement standards.
[(b) Committee of Practitioners.--
[(1) In general.--Each State educational agency that
receives funds under this title shall create a State
committee of practitioners to advise the State in
carrying out its responsibilities under this title.
[(2) Membership.--Each such committee shall include--
[(A) as a majority of its members,
representatives from local educational
agencies;
[(B) administrators, including the
administrators of programs described in other
parts of this title;
[(C) teachers, including vocational
educators;
[(D) parents;
[(E) members of local school boards;
[(F) representatives of private school
children; and
[(G) pupil services personnel.
[(3) Duties.--The duties of such committee shall
include a review, before publication, of any proposed
or final State rule or regulation pursuant to this
title. In an emergency situation where such rule or
regulation must be issued within a very limited time to
assist local educational agencies with the operation of
the program under this title, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation before issuance in final form.
[SEC. 1904. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS.
[(a) Audits.--The Comptroller General of the United States
shall conduct audits of not less than 6 local educational
agencies that receive funds under part A in each fiscal year to
determine more clearly and specifically how local educational
agencies are expending such funds. Such audits--
[(1) shall be conducted in 6 local educational
agencies that represent the size, ethnic, economic, and
geographic diversity of local educational agencies; and
[(2) shall examine the extent to which funds have
been expended for academic instruction in the core
curriculum and activities unrelated to academic
instruction in the core curriculum, such as the payment
of janitorial, utility, and other maintenance services,
the purchase and lease of vehicles, and the payment for
travel and attendance costs at conferences.
[(b) Report.--Not later than 3 months after the completion of
the audits under subsection (a) each year, the Comptroller
General of the United States shall submit a report on each
audit to the Committee on Education and the Workforce of the
House of Representatives and the Committee on Health,
Education, Labor and Pensions of the Senate.
[SEC. 1905. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR
CONTROL.
[Nothing in this title shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content, academic achievement
standards and assessments, curriculum, or program of
instruction.
[SEC. 1906. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or
school.
[SEC. 1907. STATE REPORT ON DROPOUT DATA.
[Not later than 1 year after a State educational agency
receives funds under this title, the agency shall report to the
Secretary and statewide, all school district data regarding
annual school dropout rates in the State disaggregated by race
and ethnicity according to procedures that conform with the
National Center for Education Statistics' Common Core of Data.
[SEC. 1908. REGULATIONS FOR SECTIONS 1111 AND 1116.
[The Secretary shall issue regulations for sections 1111 and
1116 not later than 6 months after the date of enactment of the
No Child Left Behind Act of 2001.]
PART C--GENERAL PROVISIONS
SEC. 1401. FEDERAL REGULATIONS.
(a) In General.--The Secretary may, in accordance with
subsections (b) through (d), issue such regulations as are
necessary to reasonably ensure there is compliance with this
title.
(b) Negotiated Rulemaking Process.--
(1) In general.--Before publishing in the Federal
Register proposed regulations to carry out this title,
the Secretary shall obtain the advice and
recommendations of representatives of Federal, State,
and local administrators, parents, teachers, and
members of local school boards and other organizations
involved with the implementation and operation of
programs under this title.
(2) Meetings and electronic exchange.--Such advice
and recommendations may be obtained through such
mechanisms as regional meetings and electronic
exchanges of information.
(3) Proposed regulations.--After obtaining such
advice and recommendations, and before publishing
proposed regulations, the Secretary shall--
(A) establish a negotiated rulemaking
process;
(B) select individuals to participate in such
process from among individuals or groups that
provided advice and recommendations, including
representation from all geographic regions of
the United States, in such numbers as will
provide an equitable balance between
representatives of parents and students and
representatives of educators and education
officials; and
(C) prepare a draft of proposed policy
options that shall be provided to the
individuals selected by the Secretary under
subparagraph (B) not less than 15 days before
the first meeting under such process.
(c) Proposed Rulemaking.--If the Secretary determines that a
negotiated rulemaking process is unnecessary or the individuals
selected to participate in the process under paragraph (3)(B)
fail to reach unanimous agreement, the Secretary may propose
regulations under the following procedure:
(1) Not less than 30 days prior to beginning a
rulemaking process, the Secretary shall provide to
Congress, including the Committee on Education and the
Workforce of the House of Representatives and the
Committee on Health, Education, Labor, and Pensions of
the Senate, notice that shall include--
(A) a copy of the proposed regulations;
(B) the need to issue regulations;
(C) the anticipated burden the regulations
will have on State educational agencies, local
educational agencies, schools, and other
entities that may be impacted by the
regulations; and
(D) any regulations that will be repealed
when the new regulations are issued.
(2) 30 days after giving notice of the proposed rule
to Congress, the Secretary may proceed with the
rulemaking process after addressing all comments
received from the Congress and publishing how such
comments are addressed with the proposed rule.
(3) The comment and review period for any proposed
regulation shall be 90 days unless an emergency
requires a shorter period, in which case such period
shall be not less than 45 days and the Secretary
shall--
(A) designate the proposed regulation as an
emergency with an explanation of the emergency
in the notice and report to Congress under
paragraph (1); and
(B) publish the length of the comment and
review period in such notice and in the Federal
Register.
(4) No regulation shall be made final after the
comment and review period until the Secretary has
published in the Federal Register an independent
assessment of--
(A) the burden, including the cost burden,
the regulation will impose on State educational
agencies, local educational agencies, schools
and other entities that may be impacted by the
regulation; and
(B) an explanation of how the entities
described in subparagraph (A) may pay for
implementing the new regulation.
(d) Limitation.--Regulations to carry out this title may not
require local programs to follow a particular instructional
model, such as the provision of services outside the regular
classroom or school program.
SEC. 1402. AGREEMENTS AND RECORDS.
(a) Agreements.--In the case in which a negotiated rule
making process is established under subsection (b) of section
1401, all published proposed regulations shall conform to
agreements that result from the rulemaking described in section
1401 unless the Secretary reopens the negotiated rulemaking
process.
(b) Records.--The Secretary shall ensure that an accurate and
reliable record of agreements reached during the negotiations
process is maintained.
SEC. 1403. STATE ADMINISTRATION.
(a) Rulemaking.--
(1) In general.--Each State that receives funds under
this title shall--
(A) ensure that any State rules, regulations,
and policies relating to this title conform to
the purposes of this title and provide any such
proposed rules, regulations, and policies to
the committee of practitioners created under
subsection (b) for review and comment;
(B) minimize such rules, regulations, and
policies to which the State's local educational
agencies and schools are subject;
(C) eliminate or modify State and local
fiscal accounting requirements in order to
facilitate the ability of schools to
consolidate funds under schoolwide programs;
(D) identify any such rule, regulation, or
policy as a State-imposed requirement; and
(E)(i) identify any duplicative or
contrasting requirements between the State and
Federal rules or regulations;
(ii) eliminate the rules and regulations that
are duplicative of Federal requirements; and
(iii) report any conflicting requirements to
the Secretary and determine which Federal or
State rule or regulation shall be followed.
(2) Support and facilitation.--State rules,
regulations, and policies under this title shall
support and facilitate local educational agency and
school-level systemic reform designed to enable all
children to meet the State academic standards.
(b) Committee of Practitioners.--
(1) In general.--Each State educational agency that
receives funds under this title shall create a State
committee of practitioners to advise the State in
carrying out its responsibilities under this title.
(2) Membership.--Each such committee shall include--
(A) as a majority of its members,
representatives from local educational
agencies;
(B) administrators, including the
administrators of programs described in other
parts of this title;
(C) teachers from public charter schools,
traditional public schools, and career and
technical educators;
(D) parents;
(E) members of local school boards;
(F) representatives of private school
children; and
(G) specialized instructional support
personnel.
(3) Duties.--The duties of such committee shall
include a review, before publication, of any proposed
or final State rule or regulation pursuant to this
title. In an emergency situation where such rule or
regulation must be issued within a very limited time to
assist local educational agencies with the operation of
the program under this title, the State educational
agency may issue a regulation without prior
consultation, but shall immediately thereafter convene
the State committee of practitioners to review the
emergency regulation before issuance in final form.
SEC. 1404. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.
Nothing in this title shall be construed to mandate equalized
spending per pupil for a State, local educational agency, or
school.
[PART F--COMPREHENSIVE SCHOOL REFORM
[SEC. 1601. PURPOSE.
[The purpose of this part is to provide financial incentives
for schools to develop comprehensive school reforms, based upon
scientifically based research and effective practices that
include an emphasis on basic academics and parental involvement
so that all children can meet challenging State academic
content and academic achievement standards.
[SEC. 1602. PROGRAM AUTHORIZATION.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to State educational agencies, from
allotments under paragraph (2), to enable the State
educational agencies to award subgrants to local
educational agencies to carry out the purpose described
in section 1601.
[(2) Allotments.--
[(A) Reservations.--Of the amount
appropriated under section 1002(f), the
Secretary may reserve--
[(i) not more than 1 percent for each
fiscal year to provide assistance to
schools supported by the Bureau of
Indian Affairs and in the United States
Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern
Mariana Islands according to their
respective needs for assistance under
this part;
[(ii) not more than 1 percent for
each fiscal year to conduct national
evaluation activities described in
section 1607; and
[(iii) not more than 3 percent of the
amount appropriated in fiscal year 2002
to carry out this part, for quality
initiatives described in section 1608.
[(B) In general.--Of the amount appropriated
under section 1002(f) that remains after making
the reservation under subparagraph (A) for a
fiscal year, the Secretary shall allot to each
State for the fiscal year an amount that bears
the same ratio to the remainder for that fiscal
year as the amount made available under section
1124 to the State for the preceding fiscal year
bears to the total amount made available under
section 1124 to all States for that year.
[(C) Reallotment.--If a State does not apply
for funds under this section, the Secretary
shall reallot such funds to other States that
do apply in proportion to the amount allotted
to such other States under subparagraph (B).
[SEC. 1603. STATE APPLICATIONS.
[(a) In General.--Each State educational agency that desires
to receive 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 reasonably require.
[(b) Contents.--Each such application shall describe--
[(1) the process and selection criteria by which the
State educational agency, using expert review, will
select local educational agencies to receive subgrants
under this part;
[(2) how the State educational agency will ensure
that funds under this part are limited to comprehensive
school reform programs that--
[(A) include each of the components described
in section 1606(a);
[(B) have the capacity to improve the
academic achievement of all students in core
academic subjects within participating schools;
and
[(C) are supported by technical assistance
providers that have a successful track record,
financial stability, and the capacity to
deliver high quality materials, professional
development for school personnel, and on-site
support during the full implementation period
of the reforms;
[(3) how the State educational agency will
disseminate materials and information on comprehensive
school reforms that are based on scientifically based
research and effective practices;
[(4) how the State educational agency will evaluate
annually the implementation of such reforms and measure
the extent to which the reforms have resulted in
increased student academic achievement; and
[(5) how the State educational agency will provide
technical assistance to the local educational agency or
consortia of local educational agencies, and to
participating schools, in evaluating, developing, and
implementing comprehensive school reform.
[SEC. 1604. STATE USE OF FUNDS.
[(a) In General.--Except as provided in subsection (e), a
State educational agency that receives a grant under this part
shall use the grant funds to award subgrants, on a competitive
basis, to local educational agencies or consortia of local
educational agencies in the State that receive funds under part
A, to support comprehensive school reforms in schools that are
eligible for funds under part A.
[(b) Subgrant Requirements.--A subgrant to a local
educational agency or consortium shall be--
[(1) of sufficient size and scope to support the
initial costs of comprehensive school reforms selected
or designed by each school identified in the
application of the local educational agency or
consortium;
[(2) in an amount not less than $50,000--
[(A) for each participating school; or
[(B) for each participating consortium of
small schools (which for purposes of this
subparagraph means a consortium of small
schools serving a total of not more than 500
students); and
[(3) renewable for two additional 1-year subgrant
periods after the initial 1-year subgrant is made if
the school is or the schools are making substantial
progress in the implementation of reforms.
[(c) Priority.--A State educational agency, in awarding
subgrants under this part, shall give priority to local
educational agencies or consortia that--
[(1) plan to use the funds in schools identified as
being in need of improvement or corrective action under
section 1116(c); and
[(2) demonstrate a commitment to assist schools with
budget allocation, professional development, and other
strategies necessary to ensure the comprehensive school
reforms are properly implemented and are sustained in
the future.
[(d) Grant Consideration.--In awarding subgrants under this
part, the State educational agency shall take into
consideration the equitable distribution of subgrants to
different geographic regions within the State, including urban
and rural areas, and to schools serving elementary and
secondary students.
[(e) Administrative Costs.--A State educational agency that
receives a grant under this part may reserve not more than 5
percent of the grant funds for administrative, evaluation, and
technical assistance expenses.
[(f) Supplement.--Funds made available under this part shall
be used to supplement, and not supplant, any other Federal,
State, or local funds that would otherwise be available to
carry out the activities assisted under this part.
[(g) Reporting.--Each State educational agency that receives
a grant under this part shall provide to the Secretary such
information as the Secretary may require, including the names
of local educational agencies and schools receiving assistance
under this part, the amount of the assistance, a description of
the comprehensive school reforms selected and used, and a copy
of the State's annual evaluation of the implementation of
comprehensive school reforms supported under this part and the
student achievement results.
[SEC. 1605. LOCAL APPLICATIONS.
[(a) In General.--Each local educational agency or consortium
of local educational agencies desiring a subgrant under this
part 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.
[(b) Contents.--Each such application shall--
[(1) identify the schools that are eligible for
assistance under part A and plan to implement a
comprehensive school reform program, including the
projected costs of such a program;
[(2) describe the comprehensive school reforms based
on scientifically based research and effective
practices that such schools will implement;
[(3) describe how the local educational agency or
consortium will provide technical assistance and
support for the effective implementation of the
comprehensive school reforms based on scientifically
based research and effective practices selected by such
schools; and
[(4) describe how the local educational agency or
consortium will evaluate the implementation of such
comprehensive school reforms and measure the results
achieved in improving student academic achievement.
[SEC. 1606. LOCAL USE OF FUNDS.
[(a) Uses of Funds.--A local educational agency or consortium
that receives a subgrant under this part shall provide the
subgrant funds to schools that are eligible for assistance
under part A and served by the agency, to enable the schools to
implement a comprehensive school reform program that--
[(1) employs proven strategies and proven methods for
student learning, teaching, and school management that
are based on scientifically based research and
effective practices and have been replicated
successfully in schools;
[(2) integrates a comprehensive design for effective
school functioning, including instruction, assessment,
classroom management, professional development,
parental involvement, and school management, that
aligns the school's curriculum, technology, and
professional development into a comprehensive school
reform plan for schoolwide change designed to enable
all students to meet challenging State content and
student academic achievement standards and addresses
needs identified through a school needs assessment;
[(3) provides high quality and continuous teacher and
staff professional development;
[(4) includes measurable goals for student academic
achievement and benchmarks for meeting such goals;
[(5) is supported by teachers, principals,
administrators, school personnel staff, and other
professional staff;
[(6) provides support for teachers, principals,
administrators, and other school staff;
[(7) provides for the meaningful involvement of
parents and the local community in planning,
implementing, and evaluating school improvement
activities consistent with section 1118;
[(8) uses high quality external technical support and
assistance from an entity that has experience and
expertise in schoolwide reform and improvement, which
may include an institution of higher education;
[(9) includes a plan for the annual evaluation of the
implementation of school reforms and the student
results achieved;
[(10) identifies other resources, including Federal,
State, local, and private resources, that shall be used
to coordinate services that will support and sustain
the comprehensive school reform effort; and
[(11)(A) has been found, through scientifically based
research to significantly improve the academic
achievement of students participating in such program
as compared to students in schools who have not
participated in such program; or
[(B) has been found to have strong evidence that such
program will significantly improve the academic
achievement of participating children.
[(b) Special Rule.--A school that receives funds to develop a
comprehensive school reform program shall not be limited to
using nationally available approaches, but may develop the
school's own comprehensive school reform program for schoolwide
change as described in subsection (a).
[SEC. 1607. EVALUATION AND REPORTS.
[(a) In General.--The Secretary shall develop a plan for a
national evaluation of the programs assisted under this part.
[(b) Evaluation.--The national evaluation shall--
[(1) evaluate the implementation and results achieved
by schools after 3 years of implementing comprehensive
school reforms; and
[(2) assess the effectiveness of comprehensive school
reforms in schools with diverse characteristics.
[(c) Reports.--The Secretary shall submit a report describing
the results of the evaluation under subsection (b) for the
Comprehensive School Reform Program to the Committee on
Education and the Workforce, and the Committee on
Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.
[SEC. 1608. QUALITY INITIATIVES.
[The Secretary, through grants or contracts, shall provide
funds for--
[(1) a public-private effort, in which funds are
matched by private organizations, to assist States,
local educational agencies, and schools, in making
informed decisions regarding approving or selecting
providers of comprehensive school reform, consistent
with the requirements described in section 1606(a); and
[(2) activities to foster the development of
comprehensive school reform models and to provide
effective capacity building for comprehensive school
reform providers to expand their work in more schools,
assure quality, and promote financial stability.
[PART G--ADVANCED PLACEMENT PROGRAMS
[SEC. 1701. SHORT TITLE.
[This part may be cited as the ``Access to High Standards
Act''.
[SEC. 1702. PURPOSES.
[The purposes of this part are--
[(1) to support State and local efforts to raise
academic standards through advanced placement programs,
and thus further increase the number of students who
participate and succeed in advanced placement programs;
[(2) to encourage more of the 600,000 students who
take advanced placement courses each year but do not
take advanced placement exams each year, to demonstrate
their achievements through taking the exams;
[(3) to build on the many benefits of advanced
placement programs for students, which benefits may
include the acquisition of skills that are important to
many employers, Scholastic Aptitude Test (SAT) scores
that are 100 points above the national averages, and
the achievement of better grades in secondary school
and in college than the grades of students who have not
participated in the programs;
[(4) to increase the availability and broaden the
range of schools, including middle schools, that have
advanced placement and pre-advanced placement programs;
[(5) to demonstrate that larger and more diverse
groups of students can participate and succeed in
advanced placement programs;
[(6) to provide greater access to advanced placement
and pre-advanced placement courses and highly trained
teachers for low-income and other disadvantaged
students;
[(7) to provide access to advanced placement courses
for secondary school students at schools that do not
offer advanced placement programs, increase the rate at
which secondary school students participate in advanced
placement courses, and increase the numbers of students
who receive advanced placement test scores for which
college academic credit is awarded;
[(8) to increase the participation of low-income
individuals in taking advanced placement tests through
the payment or partial payment of the costs of the
advanced placement test fees; and
[(9) to increase the number of individuals that
achieve a baccalaureate or advanced degree, and to
decrease the amount of time such individuals require to
attain such degrees.
[SEC. 1703. FUNDING DISTRIBUTION RULE.
[From amounts appropriated under section 1002(g) for a fiscal
year, the Secretary shall give priority to funding activities
under section 1704 and shall distribute any remaining funds
under section 1705.
[SEC. 1704. ADVANCED PLACEMENT TEST FEE PROGRAM.
[(a) Grants Authorized.--From amounts made available under
section 1703 for a fiscal year, the Secretary shall award
grants to State educational agencies having applications
approved under this section to enable the State educational
agencies to reimburse low-income individuals to cover part or
all of the costs of advanced placement test fees, if the low-
income individuals--
[(1) are enrolled in an advanced placement course;
and
[(2) plan to take an advanced placement test.
[(b) Award Basis.--In determining the amount of the grant
awarded to a State educational agency under this section for a
fiscal year, the Secretary shall consider the number of
children eligible to be counted under section 1124(c) in the
State in relation to the number of such children so counted in
all the States.
[(c) Information Dissemination.--A State educational agency
awarded a grant under this section shall disseminate
information regarding the availability of advanced placement
test fee payments under this section to eligible individuals
through secondary school teachers and guidance counselors.
[(d) Applications.--Each State educational agency desiring to
receive a grant under this section shall submit an application
to the Secretary at such time, in such manner, and accompanied
by such information as the Secretary may require. At a minimum,
each State educational agency application shall--
[(1) describe the advanced placement test fees the
State educational agency will pay on behalf of low-
income individuals in the State from grant funds
awarded under this section;
[(2) provide an assurance that any grant funds
awarded under this section shall be used only to pay
for advanced placement test fees; and
[(3) contain such information as the Secretary may
require to demonstrate that the State educational
agency will ensure that a student is eligible for
payments authorized under this section, including
documentation required under chapter 1 of subpart 2 of
part A of title IV of the Higher Education Act of 1965.
[(e) Regulations.--The Secretary shall prescribe such
regulations as are necessary to carry out this section.
[(f) Report.--
[(1) In general.--Each State educational agency
awarded a grant under this section shall, with respect
to each advanced placement subject, annually report to
the Secretary on--
[(A) the number of students in the State who
are taking an advanced placement course in that
subject;
[(B) the number of advanced placement tests
taken by students in the State who have taken
an advanced placement course in that subject;
[(C) the number of students in the State
scoring at different levels on advanced
placement tests in that subject; and
[(D) demographic information regarding
individuals in the State taking advanced
placement courses and tests in that subject
disaggregated by race, ethnicity, sex, English
proficiency status, and socioeconomic status.
[(2) Report to congress.--The Secretary shall
annually compile the information received from each
State educational agency under paragraph (1) and report
to the appropriate committees of Congress regarding the
information.
[(g) BIA as SEA.--For purposes of this section the Bureau of
Indian Affairs shall be treated as a State educational agency.
[SEC. 1705. ADVANCED PLACEMENT INCENTIVE PROGRAM GRANTS.
[(a) Grants Authorized.--
[(1) In general.--From amounts made available under
section 1703 for a fiscal year, the Secretary shall
award grants, on a competitive basis, to eligible
entities to enable those entities to carry out the
authorized activities described in subsection (d).
[(2) Duration and payments.--
[(A) Duration.--The Secretary shall award a
grant under this section for a period of not
more than 3 years.
[(B) Payments.--The Secretary shall make
grant payments under this section on an annual
basis.
[(3) Definition of eligible entity.--In this section,
the term ``eligible entity'' means a State educational
agency, local educational agency, or national nonprofit
educational entity with expertise in advanced placement
services.
[(b) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information as the Secretary may require.
[(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to an eligible entity that
submits an application under subsection (b) that--
[(1) demonstrates a pervasive need for access to
advanced placement incentive programs;
[(2) provides for the involvement of business and
community organizations in the activities to be
assisted;
[(3) assures the availability of matching funds from
State, local, or other sources to pay for the cost of
activities to be assisted;
[(4) demonstrates a focus on developing or expanding
advanced placement programs and participation in the
core academic areas of English, mathematics, and
science;
[(5) demonstrates an intent to carry out activities
that target--
[(A) local educational agencies serving
schools with a high concentration of low-income
students; or
[(B) schools with a high concentration of
low-income students; and
[(6) in the case of a local educational agency,
assures that the local educational agency serves
schools with a high concentration of low-income
students; or
[(7) demonstrates an intent to carry out activities
to increase the availability of, and participation in,
on-line advanced placement courses.
[(d) Authorized Activities.--
[(1) In general.--Subject to paragraph (2), an
eligible entity shall use grant funds made available
under this section to expand access for low-income
individuals to advanced placement incentive programs
that involve--
[(A) teacher training;
[(B) pre-advanced placement course
development;
[(C) coordination and articulation between
grade levels to prepare students for academic
achievement in advanced placement courses;
[(D) books and supplies; or
[(E) activities to increase the availability
of, and participation in, on-line advanced
placement courses; or
[(F) any other activity directly related to
expanding access to and participation in
advanced placement incentive programs,
particularly for low-income individuals.
[(2) State educational agency.--In the case of an
eligible entity that is a State educational agency, the
entity may use grant funds made available under this
section to award subgrants to local educational
agencies to enable the local educational agencies to
carry out the activities under paragraph (1).
[(e) Contracts.--An eligible entity awarded a grant to
provide online advanced placement courses under this part may
enter into a contract with a nonprofit or for profit
organization to provide the online advanced placement courses,
including contracting for necessary support services.
[(f) Data Collection and Reporting.--
[(1) Data collection.--Each eligible entity awarded a
grant under this section shall, with respect to each
advanced placement subject, annually report to the
Secretary on--
[(A) the number of students served by the
eligible entity who are taking an advanced
placement course in that subject;
[(B) the number of advanced placement tests
taken by students served by the eligible entity
in that subject;
[(C) the number of students served by the
eligible entity scoring at different levels on
advanced placement tests in that subject; and
[(D) demographic information regarding
individuals served by such agency who taking
advanced placement courses and tests in that
subject disaggregated by race, ethnicity, sex,
English proficiency status, and socioeconomic
status.
[(2) Report.--The Secretary shall annually compile
the information received from each eligible entity
under paragraph (1) and report to the appropriate
committees of Congress regarding the information.
[SEC. 1706. SUPPLEMENT, NOT SUPPLANT.
[Grant funds provided under this part shall supplement, and
not supplant, other non-Federal funds that are available to
assist low-income individuals to pay for the cost of advanced
placement test fees or to expand access to advanced placement
and pre-advanced placement courses.
[SEC. 1707. DEFINITIONS.
[In this part:
[(1) Advanced placement test.--The term ``advanced
placement test'' means an advanced placement test
administered by the College Board or approved by the
Secretary.
[(2) High concentration of low-income students.--The
term ``high concentration of low-income students'',
used with respect to a school, means a school that
serves a student population 40 percent or more of whom
are low-income individuals.
[(3) Low-income individual.--The term ``low-income
individual'' means an individual who is determined by a
State educational agency or local educational agency to
be a child, ages 5 through 19, from a low-income
family, on the basis of data used by the Secretary to
determine allocations under section 1124 of this Act,
data on children eligible for free or reduced-price
lunches under the National School Lunch Act, data on
children in families receiving assistance under part A
of title IV of the Social Security Act, or data on
children eligible to receive medical assistance under
the medicaid program under title XIX of the Social
Security Act, or through an alternate method that
combines or extrapolates from those data.
[PART H--SCHOOL DROPOUT PREVENTION
[SEC. 1801. SHORT TITLE.
[This part may be cited as the ``Dropout Prevention Act''.
[SEC. 1802. PURPOSE.
[The purpose of this part is to provide for school dropout
prevention and reentry and to raise academic achievement levels
by providing grants that--
[(1) challenge all children to attain their highest
academic potential; and
[(2) ensure that all students have substantial and
ongoing opportunities to attain their highest academic
potential through schoolwide programs proven effective
in school dropout prevention and reentry.
[SEC. 1803. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this part, there are
authorized to be appropriated $125,000,000 for fiscal year 2002
and such sums as may be necessary for each of the 5 succeeding
fiscal years, of which--
[(1) 10 percent shall be available to carry out
subpart 1 for each fiscal year; and
[(2) 90 percent shall be available to carry out
subpart 2 for each fiscal year.
[Subpart 1--Coordinated National Strategy
[SEC. 1811. NATIONAL ACTIVITIES.
[(a) In General.--The Secretary is authorized--
[(1) to collect systematic data on the effectiveness
of the programs assisted under this part in reducing
school dropout rates and increasing school reentry and
secondary school graduation rates;
[(2) to establish a national clearinghouse of
information on effective school dropout prevention and
reentry programs that shall disseminate to State
educational agencies, local educational agencies, and
schools--
[(A) the results of research on school
dropout prevention and reentry; and
[(B) information on effective programs, best
practices, and Federal resources to--
[(i) reduce annual school dropout
rates;
[(ii) increase school reentry; and
[(iii) increase secondary school
graduation rates;
[(3) to provide technical assistance to State
educational agencies, local educational agencies, and
schools in designing and implementing programs and
securing resources to implement effective school
dropout prevention and reentry programs;
[(4) to establish and consult with an interagency
working group that shall--
[(A) address inter- and intra-agency program
coordination issues at the Federal level with
respect to school dropout prevention and
reentry, and assess the targeting of existing
Federal services to students who are most at
risk of dropping out of school, and the cost-
effectiveness of various programs and
approaches used to address school dropout
prevention and reentry;
[(B) describe the ways in which State
educational agencies and local educational
agencies can implement effective school dropout
prevention and reentry programs using funds
from a variety of Federal programs, including
the programs under this part; and
[(C) examine Federal programs that may have a
positive impact on secondary school graduation
or school reentry;
[(5) to carry out a national recognition program in
accordance with subsection (b) that recognizes schools
that have made extraordinary progress in lowering
school dropout rates; and
[(6) to use funds made available for this subpart to
carry out the evaluation required under section
1830(c).
[(b) Recognition Program.--
[(1) Establishment.--The Secretary shall--
[(A) establish a national recognition
program; and
[(B) develop uniform national guidelines for
the recognition program that shall be used to
recognize eligible schools from nominations
submitted by State educational agencies.
[(2) Recognition.--The Secretary shall recognize,
under the recognition program established under
paragraph (1), eligible schools.
[(3) Support.--The Secretary may make monetary awards
to an eligible school recognized under this subsection
in amounts determined appropriate by the Secretary that
shall be used for dissemination activities within the
eligible school district or nationally.
[(4) Definition of eligible school.--In this
subsection, the term ``eligible school'' means a public
middle school or secondary school, including a charter
school, that has implemented comprehensive reforms that
have been effective in lowering school dropout rates
for all students--
[(A) in that secondary school or charter
school; or
[(B) in the case of a middle school, in the
secondary school that the middle school feeds
students into.
[(c) Capacity Building.--
[(1) In general.--The Secretary, through a contract
with one or more non-Federal entities, may conduct a
capacity building and design initiative in order to
increase the types of proven strategies for school
dropout prevention and reentry that address the needs
of an entire school population rather than a subset of
students.
[(2) Number and duration.--
[(A) Number.--The Secretary may award not
more than five contracts under this subsection.
[(B) Duration.--The Secretary may award a
contract under this subsection for a period of
not more than 5 years.
[(d) Support for Existing Reform Networks.--
[(1) In general.--The Secretary may provide
appropriate support to eligible entities to enable the
eligible entities to provide training, materials,
development, and staff assistance to schools assisted
under this part.
[(2) Definition of eligible entity.--In this
subsection, the term ``eligible entity'' means an
entity that, prior to the date of enactment of the
Dropout Prevention Act--
[(A) provided training, technical assistance,
and materials related to school dropout
prevention or reentry to 100 or more elementary
schools or secondary schools; and
[(B) developed and published a specific
educational program or design related to school
dropout prevention or reentry for use by the
schools.
[Subpart 2--School Dropout Prevention Initiative
[SEC. 1821. DEFINITIONS.
[In this subpart:
[(1) Low-income student.--The term ``low-income
student'' means a student who is determined by a local
educational agency to be from a low-income family using
the measures described in section 1113(c).
[(2) State.--The term ``State'' means each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and the
Bureau of Indian Affairs for purposes of serving
schools funded by the Bureau.
[SEC. 1822. PROGRAM AUTHORIZED.
[(a) Grants to State Educational Agencies and Local
Educational Agencies.--
[(1) Amount less than $75,000,000.--
[(A) In general.--If the amount appropriated
under section 1803 for a fiscal year equals or
is less than $75,000,000, then the Secretary
shall use such amount to award grants, on a
competitive basis, to--
[(i) State educational agencies to
support activities--
[(I) in schools that--
[(aa) serve students
in grades 6 through 12;
and
[(bb) have annual
school dropout rates
that are above the
State average annual
school dropout rate; or
[(II) in the middle schools
that feed students into the
schools described in subclause
(I); or
[(ii) local educational agencies that
operate--
[(I) schools that--
[(aa) serve students
in grades 6 through 12;
and
[(bb) have annual
school dropout rates
that are above the
State average annual
school dropout rate; or
[(II) middle schools that
feed students into the schools
described in subclause (I).
[(B) Use of grant funds.--Grant funds awarded
under this paragraph shall be used to fund
effective, sustainable, and coordinated school
dropout prevention and reentry programs that
may include the activities described in
subsection (b)(2), in--
[(i) schools serving students in
grades 6 through 12 that have annual
school dropout rates that are above the
State average annual school dropout
rate; or
[(ii) the middle schools that feed
students into the schools described in
clause (i).
[(2) Amount less than $250,000,000 but more than
$75,000,000.--If the amount appropriated under section
1803 for a fiscal year is less than $250,000,000 but
more than $75,000,000, then the Secretary shall use
such amount to award grants, on a competitive basis, to
State educational agencies to enable the State
educational agencies to award subgrants under
subsection (b).
[(3) Amount equal to or exceeds $250,000,000.--If the
amount appropriated under section 1803 for a fiscal
year equals or exceeds $250,000,000, then the Secretary
shall use such amount to award a grant to each State
educational agency in an amount that bears the same
relation to such appropriated amount as the amount the
State educational agency received under part A for the
preceding fiscal year bears to the amount received by
all State educational agencies under such part for the
preceding fiscal year, to enable the State educational
agency to award subgrants under subsection (b).
[(b) Subgrants to Local Educational Agencies.--
[(1) In general.--From amounts made available to a
State educational agency under paragraph (2) or (3) of
subsection (a), the State educational agency shall
award subgrants, on a competitive basis, to local
educational agencies that operate public schools that
serve students in grades 6 through 12 and that have
annual school dropout rates that are above the State
average annual school dropout rate, to enable those
schools, or the middle schools that feed students into
those schools, to implement effective, sustainable, and
coordinated school dropout prevention and reentry
programs that involve activities such as--
[(A) professional development;
[(B) obtaining curricular materials;
[(C) release time for professional staff to
obtain professional development;
[(D) planning and research;
[(E) remedial education;
[(F) reduction in pupil-to-teacher ratios;
[(G) efforts to meet State student academic
achievement standards;
[(H) counseling and mentoring for at-risk
students;
[(I) implementing comprehensive school reform
models, such as creating smaller learning
communities; and
[(J) school reentry activities.
[(2) Amount.--Subject to paragraph (3), a subgrant
under this subpart shall be awarded--
[(A) in the first year that a local
educational agency receives a subgrant payment
under this subpart, in an amount that is based
on factors such as--
[(i) the size of schools operated by
the local educational agency;
[(ii) costs of the model or set of
prevention and reentry strategies being
implemented; and
[(iii) local cost factors such as
poverty rates;
[(B) in the second year, in an amount that is
not less than 75 percent of the amount the
local educational agency received under this
subpart in the first such year;
[(C) in the third year, in an amount that is
not less than 50 percent of the amount the
local educational agency received under this
subpart in the first such year; and
[(D) in each succeeding year, in an amount
that is not less than 30 percent of the amount
the local educational agency received under
this subpart in the first year.
[(3) Duration.--A subgrant under this subpart shall
be awarded for a period of 3 years, and may be
continued for a period of 2 additional years if the
State educational agency determines, based on the
annual reports described in section 1830(a), that
significant progress has been made in lowering the
annual school dropout rate for secondary schools
participating in the program assisted under this
subpart.
[SEC. 1823. APPLICATIONS.
[(a) In General.--To receive--
[(1) a grant under this subpart, a State educational
agency or local educational agency shall submit an
application and plan to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may reasonably require; and
[(2) a subgrant under this subpart, a local
educational agency shall submit an application and plan
to the State educational agency at such time, in such
manner, and accompanied by such information as the
State educational agency may reasonably require.
[(b) Contents.--
[(1) State educational agency and local educational
agency.--Each application and plan submitted under
subsection (a) shall--
[(A) include an outline--
[(i) of the State educational
agency's or local educational agency's
strategy for reducing the State
educational agency or local educational
agency's annual school dropout rate;
[(ii) for targeting secondary
schools, and the middle schools that
feed students into those secondary
schools, that have the highest annual
school dropout rates; and
[(iii) for assessing the
effectiveness of the efforts described
in the plan;
[(B) contain an identification of the schools
in the State or operated by the local
educational agency that have annual school
dropout rates that are greater than the average
annual school dropout rate for the State;
[(C) describe the instructional strategies to
be implemented, how the strategies will serve
all students, and the effectiveness of the
strategies;
[(D) describe a budget and timeline for
implementing the strategies;
[(E) contain evidence of coordination with
existing resources;
[(F) provide an assurance that funds provided
under this subpart will supplement, and not
supplant, other State and local funds available
for school dropout prevention and reentry
programs; and
[(G) describe how the activities to be
assisted conform with research knowledge about
school dropout prevention and reentry.
[(2) Local educational agency.--Each application and
plan submitted under subsection (a) by a local
educational agency shall contain, in addition to the
requirements of paragraph (1)--
[(A) an assurance that the local educational
agency is committed to providing ongoing
operational support for such schools to address
the problem of school dropouts for a period of
5 years; and
[(B) an assurance that the local educational
agency will support the plan, including--
[(i) provision of release time for
teacher training;
[(ii) efforts to coordinate
activities for secondary schools and
the middle schools that feed students
into those secondary schools; and
[(iii) encouraging other schools
served by the local educational agency
to participate in the plan.
[SEC. 1824. STATE RESERVATION.
[A State educational agency that receives a grant under
paragraph (2) or (3) of section 1822(a) may reserve not more
than 5 percent of the grant funds for administrative costs and
State activities related to school dropout prevention and
reentry activities, of which not more than 2 percent of the
grant funds may be used for administrative costs.
[SEC. 1825. STRATEGIES AND CAPACITY BUILDING.
[Each local educational agency receiving a grant or subgrant
under this subpart and each State educational agency receiving
a grant under this subpart shall implement scientifically
based, sustainable, and widely replicated strategies for school
dropout prevention and reentry. The strategies may include--
[(1) specific strategies for targeted purposes, such
as--
[(A) effective early intervention programs
designed to identify at-risk students;
[(B) effective programs serving at-risk
students, including racial and ethnic
minorities and pregnant and parenting
teenagers, designed to prevent such students
from dropping out of school; and
[(C) effective programs to identify and
encourage youth who have already dropped out of
school to reenter school and complete their
secondary education; and
[(2) approaches such as breaking larger schools down
into smaller learning communities and other
comprehensive reform approaches, creating alternative
school programs, and developing clear linkages to
career skills and employment.
[SEC. 1826. SELECTION OF LOCAL EDUCATIONAL AGENCIES FOR SUBGRANTS.
[(a) State Educational Agency Review and Award.--The State
educational agency shall review applications submitted under
section 1823(a)(2) and award subgrants to local educational
agencies with the assistance and advice of a panel of experts
on school dropout prevention and reentry.
[(b) Eligibility.--A local educational agency is eligible to
receive a subgrant under this subpart if the local educational
agency operates a public school (including a public alternative
school)--
[(1) that is eligible to receive assistance under
part A; and
[(2)(A) that serves students 50 percent or more of
whom are low-income students; or
[(B) in which a majority of the students come from
feeder schools that serve students 50 percent or more
of whom are low-income students.
[SEC. 1827. COMMUNITY BASED ORGANIZATIONS.
[A local educational agency that receives a grant or subgrant
under this subpart and a State educational agency that receives
a grant under this subpart may use the funds to secure
necessary services from a community-based organization or other
government agency if the funds are used to provide school
dropout prevention and reentry activities related to schoolwide
efforts.
[SEC. 1828. TECHNICAL ASSISTANCE.
[Notwithstanding any other provision of law, each local
educational agency that receives funds under this subpart shall
use the funds to provide technical assistance to secondary
schools served by the agency that have not made progress toward
lowering annual school dropout rates after receiving assistance
under this subpart for 2 fiscal years.
[SEC. 1829. SCHOOL DROPOUT RATE CALCULATION.
[For purposes of calculating an annual school dropout rate
under this subpart, a school shall use the annual event school
dropout rate for students leaving a school in a single year
determined in accordance with the National Center for Education
Statistics' Common Core of Data.
[SEC. 1830. REPORTING AND ACCOUNTABILITY.
[(a) Local Educational Agency Reports.--
[(1) In general.--To receive funds under this subpart
for a fiscal year after the first fiscal year that a
local educational agency receives funds under this
subpart, the local educational agency shall provide, on
an annual basis, a report regarding the status of the
implementation of activities funded under this subpart,
and the dropout data for students at schools assisted
under this subpart, disaggregated by race and
ethnicity, to the--
[(A) Secretary, if the local educational
agency receives a grant under section
1822(a)(1); or
[(B) State educational agency, if the local
educational agency receives a subgrant under
paragraph (2) or (3) of section 1822(a).
[(2) Dropout data.--The dropout data under paragraph
(1) shall include annual school dropout rates for each
fiscal year, starting with the 2 fiscal years before
the local educational agency received funds under this
subpart.
[(b) State Report on Program Activities.--Each State
educational agency receiving funds under this subpart shall
provide to the Secretary, at such time and in such format as
the Secretary may require, information on the status of the
implementation of activities funded under this subpart and
outcome data for students in schools assisted under this
subpart.
[(c) Accountability.--The Secretary shall evaluate the effect
of the activities assisted under this subpart on school dropout
prevention compared, if feasible, to a control group using
control procedures. The Secretary may use funds appropriated
for subpart 1 to carry out this evaluation.]
* * * * * * *
[TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS
[PART A--INNOVATIVE PROGRAMS
[SEC. 5101. PURPOSES, STATE AND LOCAL RESPONSIBILITY.
[(a) Purposes.--The purposes of this part are the following:
[(1) To support local education reform efforts that
are consistent with and support statewide education
reform efforts.
[(2) To provide funding to enable State educational
agencies and local educational agencies to implement
promising educational reform programs and school
improvement programs based on scientifically based
research.
[(3) To provide a continuing source of innovation and
educational improvement, including support programs to
provide library services and instructional and media
materials.
[(4) To meet the educational needs of all students,
including at-risk youth.
[(5) To develop and implement education programs to
improve school, student, and teacher performance,
including professional development activities and class
size reduction programs.
[(b) State and Local Responsibility.--The State educational
agency shall bear the basic responsibility for the
administration of funds made available under this part, but it
is the intent of Congress that the responsibility be carried
out with a minimum of paperwork and that the responsibility for
the design and implementation of programs assisted under this
part be mainly that of local educational agencies, school
superintendents and principals, and classroom teachers and
supporting personnel, because local educational agencies and
individuals have the most direct contact with students and are
most likely to be able to design programs to meet the
educational needs of students in their own school districts.
[Subpart 1--State and Local Programs
[SEC. 5111. ALLOTMENT TO STATES.
[(a) In General.--From the sums appropriated to carry out
this part for each fiscal year and not reserved under
subsection (b), the Secretary shall allot, and make available
in accordance with this part, to each State educational agency
an amount that bears the same ratio to such sums as the school-
age population of the State bears to the school-age population
of all States, except that no State shall receive less than an
amount equal to one-half of 1 percent of such sums.
[(b) Reservation.--From the sums appropriated to carry out
this part for each fiscal year, the Secretary shall reserve not
more than 1 percent for payments to the outlying areas, to be
allotted in accordance with their respective needs for
assistance under this part.
[SEC. 5112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
[(a) Distribution Rule.--
[(1) Allocation of base amounts.--From the amount
made available to a State educational agency under this
part for a fiscal year, the State educational agency
shall distribute, to local educational agencies within
the State, an amount that is not less than 85 percent
of the amount made available to the State educational
agency under this part for fiscal year 2002, according
to the relative enrollments in public and in private
nonprofit schools within the jurisdictions of such
local educational agencies, adjusted, in accordance
with criteria approved by the Secretary, to provide
higher per-pupil allocations to local educational
agencies that have the greatest numbers or percentages
of children whose education imposes a higher-than-
average cost per child, such as--
[(A) children living in areas with high
concentrations of economically disadvantaged
families;
[(B) children from economically disadvantaged
families; and
[(C) children living in sparsely populated
areas.
[(2) Allocation of increased amounts.--From the
amount made available to a State educational agency
under this part for a fiscal year that exceeds the
amount made available to the agency under this part for
fiscal year 2002, the State educational agency shall
distribute 100 percent (or, in the case of a State
educational agency receiving a minimum allotment under
section 5111(a), not less than 50 percent,
notwithstanding subsection (b)) to local educational
agencies within the State, on the same basis as the
State educational agency distributes amounts under
paragraph (1).
[(b) Limitations and Requirements.--Not more than 15 percent
of funds made available under section 5111 for State programs
under this part for any fiscal year may be used for State
administration under section 5121.
[(c) Calculation of Enrollments.--
[(1) In general.--The calculation of relative
enrollments under subsection (a)(1) shall be on the
basis of the total of--
[(A) the number of children enrolled in
public schools; and
[(B) the number of children enrolled in
private nonprofit schools that participated in
programs assisted under this part, for the
fiscal year preceding the fiscal year for which
the determination is made.
[(2) Rule of construction.--Nothing in this
subsection shall diminish the responsibility of each
local educational agency to contact, on an annual
basis, appropriate officials from private nonprofit
schools within the areas served by such agencies in
order to determine whether such schools desire that
their children participate in programs assisted under
this part.
[(3) Adjustments.--
[(A) State criteria.--Relative enrollments
calculated under subsection (a)(1) shall be
adjusted, in accordance with criteria approved
by the Secretary under subparagraph (B), to
provide higher per-pupil allocations only to
local educational agencies that serve the
greatest numbers or percentages of--
[(i) children living in areas with
high concentrations of economically
disadvantaged families;
[(ii) children from economically
disadvantaged families; or
[(iii) children living in sparsely
populated areas.
[(B) Review of criteria.--The Secretary shall
review criteria submitted by a State
educational agency for adjusting allocations
under paragraph (1) and shall approve such
criteria only if the Secretary determines that
such criteria are reasonably calculated to
produce an adjusted allocation that reflects
the relative needs of the State's local
educational agencies based on the factors set
forth in subparagraph (A).
[(d) Payment of Allocations.--
[(1) Distribution.--From the funds paid to a State
educational agency under this subpart for a fiscal
year, the State educational agency shall distribute to
each eligible local educational agency that has
submitted an application as required by section 5133
the amount of such local educational agency's
allocation, as determined under subsection (a).
[(2) Additional funds.--
[(A) Use.--Additional funds resulting from
higher per-pupil allocations provided to a
local educational agency on the basis of
adjusted enrollments of children described in
subsection (a)(1) may, in the discretion of the
local educational agency, be allocated for
expenditures to provide services for children
enrolled in public schools and private
nonprofit schools in direct proportion to the
number of children described in subsection
(a)(1) and enrolled in such schools within the
area served by the local educational agency.
[(B) Allocation.--In any fiscal year, any
local educational agency that elects to
allocate such additional funds in the manner
described in subparagraph (A) shall allocate
all additional funds to schools within the area
served by the local educational agency in such
manner.
[(C) Rule of construction.--Subparagraphs (A)
and (B) may not be construed to require any
school to limit the use of the additional funds
described in subparagraph (A) to the provision
of services to specific students or categories
of students.
[Subpart 2--State Programs
[SEC. 5121. STATE USES OF FUNDS.
[A State educational agency may use funds made available for
State use under section 5112(b) only for one or more of the
following:
[(1) State administration of programs under this
part, including--
[(A) allocating funds to local educational
agencies;
[(B) planning, supervising, and processing
State educational agency funds; and
[(C) monitoring and evaluating programs under
this part.
[(2) Support for the planning, design, and initial
implementation of charter schools as described in part
B.
[(3) Statewide education reform, school improvement
programs and technical assistance and direct grants to
local educational agencies, which assist such agencies
under section 5131.
[(4) Support for the design and implementation of
high-quality yearly student assessments.
[(5) Support for implementation of challenging State
and local academic achievement standards.
[(6) Support for arrangements that provide for
independent analysis to measure and report on school
district achievement.
[(7) Support for the program described in section 321
of the Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act,
2001 (as enacted into law by section 1(a)(1) of Public
Law 106-554).
[(8) Support for programs to assist in the
implementation of the policy described in section 9507
which may include payment of reasonable transportation
costs and tuition costs for such students.
[SEC. 5122. STATE APPLICATIONS.
[(a) Application Requirements.--Any State that desires to
receive assistance under this part shall submit to the
Secretary an application that includes each of the following:
[(1) Designation of the State educational agency as
the State agency responsible for administration and
supervision of programs assisted under this part.
[(2) Provision for an annual statewide summary of how
assistance under this part is contributing toward
improving student academic achievement or improving the
quality of education for students.
[(3) Information setting forth the allocation of
funds required to implement section 5142.
[(4) A provision that the State educational agency
will keep such records, and provide such information to
the Secretary, as may be required for fiscal audit and
program evaluation (consistent with the
responsibilities of the Secretary under this section).
[(5) An assurance that, apart from providing
technical and advisory assistance and monitoring
compliance with this part, the State educational agency
has not exercised, and will not exercise, any influence
in the decisionmaking processes of local educational
agencies as to the expenditure made pursuant to an
application submitted under section 5133.
[(6) An assurance that there is compliance with the
specific requirements of this part.
[(7) Provision for timely public notice and public
dissemination of the information provided under
paragraph (3).
[(b) Statewide Summary.--The statewide summary referred to in
subsection (a)(2) shall be submitted annually to the Secretary
and shall be derived from the evaluation information submitted
by local educational agencies to the State educational agency
under section 5133(b)(8). The State educational agency shall
determine the format and content of such summary and may
include in the summary statistical measures, such as the number
of students served by each type of innovative assistance
program described in section 5131 and the number of teachers
trained.
[(c) Period of Application.--An application submitted by the
State educational agency under subsection (a) shall be for a
period not to exceed 3 years. The agency may amend the
application annually, as may be necessary to reflect changes,
without filing a new application.
[(d) Audit Rule.--A local educational agency that receives
less than an average of $10,000 under this part for any 3
consecutive fiscal years shall not be audited more frequently
than once every 5 years.
[Subpart 3--Local Innovative Education Programs
[SEC. 5131. LOCAL USES OF FUNDS.
[(a) Innovative Assistance Programs.--Funds made available to
local educational agencies under section 5112 shall be used for
innovative assistance programs, which may include any of the
following:
[(1) Programs to recruit, train, and hire highly
qualified teachers to reduce class size, especially in
the early grades, and professional development
activities carried out in accordance with title II,
that give teachers, principals, and administrators the
knowledge and skills to provide students with the
opportunity to meet challenging State or local academic
content standards and student academic achievement
standards.
[(2) Technology activities related to the
implementation of school-based reform efforts,
including professional development to assist teachers
and other school personnel (including school library
media personnel) regarding how to use technology
effectively in the classrooms and the school library
media centers involved.
[(3) Programs for the development or acquisition and
use of instructional and educational materials,
including library services and materials (including
media materials), academic assessments, reference
materials, computer software and hardware for
instructional use, and other curricular materials that
are tied to high academic standards, that will be used
to improve student academic achievement, and that are
part of an overall education reform program.
[(4) Promising education reform projects, including
magnet schools.
[(5) Programs to improve the academic achievement of
educationally disadvantaged elementary school and
secondary school students, including activities to
prevent students from dropping out of school.
[(6) Programs to improve the literacy skills of
adults, especially the parents of children served by
the local educational agency, including adult education
and family literacy programs.
[(7) Programs to provide for the educational needs of
gifted and talented children.
[(8) The planning, design, and initial implementation
of charter schools as described in part B.
[(9) School improvement programs or activities under
sections 1116 and 1117.
[(10) Community service programs that use qualified
school personnel to train and mobilize young people to
measurably strengthen their communities through
nonviolence, responsibility, compassion, respect, and
moral courage.
[(11) Activities to promote consumer, economic, and
personal finance education, such as disseminating
information on and encouraging use of the best
practices for teaching the basic principles of
economics and promoting the concept of achieving
financial literacy through the teaching of personal
financial management skills (including the basic
principles involved with earning, spending, saving, and
investing).
[(12) Activities to promote, implement, or expand
public school choice.
[(13) Programs to hire and support school nurses.
[(14) Expansion and improvement of school-based
mental health services, including early identification
of drug use and violence, assessment, and direct
individual or group counseling services provided to
students, parents, and school personnel by qualified
school-based mental health services personnel.
[(15) Alternative educational programs for those
students who have been expelled or suspended from their
regular educational setting, including programs to
assist students to reenter the regular educational
setting upon return from treatment or alternative
educational programs.
[(16) Programs to establish or enhance
prekindergarten programs for children.
[(17) Academic intervention programs that are
operated jointly with community-based organizations and
that support academic enrichment, and counseling
programs conducted during the school day (including
during extended school day or extended school year
programs), for students most at risk of not meeting
challenging State academic achievement standards or not
completing secondary school.
[(18) Programs for cardiopulmonary resuscitation
(CPR) training in schools.
[(19) Programs to establish smaller learning
communities.
[(20) Activities that encourage and expand
improvements throughout the area served by the local
educational agency that are designed to advance student
academic achievement.
[(21) Initiatives to generate, maintain, and
strengthen parental and community involvement.
[(22) Programs and activities that expand learning
opportunities through best-practice models designed to
improve classroom learning and teaching.
[(23) Programs to provide same-gender schools and
classrooms (consistent with applicable law).
[(24) Service learning activities.
[(25) School safety programs, including programs to
implement the policy described in section 9507 and
which may include payment of reasonable transportation
costs and tuition costs for such students.
[(26) Programs that employ research-based cognitive
and perceptual development approaches and rely on a
diagnostic-prescriptive model to improve students'
learning of academic content at the preschool,
elementary, and secondary levels.
[(27) Supplemental educational services, as defined
in section 1116(e).
[(b) Requirements.--The innovative assistance programs
described in subsection (a) shall be--
[(1) tied to promoting challenging academic
achievement standards;
[(2) used to improve student academic achievement;
and
[(3) part of an overall education reform strategy.
[(c) Guidelines.--Not later than 120 days after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall issue guidelines for local educational agencies
seeking funding for programs described in subsection (a)(23).
[SEC. 5132. ADMINISTRATIVE AUTHORITY.
[In order to conduct the programs authorized by this part,
each State educational agency or local educational agency may
use funds made available under this part to make grants to, and
to enter into contracts with, local educational agencies,
institutions of higher education, libraries, museums, and other
public and private nonprofit agencies, organizations, and
institutions.
[SEC. 5133. LOCAL APPLICATIONS.
[(a) Submission of Application.--A local educational agency
may receive an allocation of funds under this part for any year
for which the agency submits an application under this section
that the State educational agency certifies under subsection
(b).
[(b) Certification and Contents of Application.--The State
educational agency shall certify each application submitted
under subsection (a) that includes each of the following:
[(1) A description of locally identified needs
relative to the purposes of this part and to the
innovative assistance programs described in section
5131.
[(2) A statement that sets forth the planned
allocation of funds, based on the needs identified in
subparagraph (A), among innovative assistance programs
described in section 5131, a description of the
programs that the local educational agency intends to
support, and a description of the reasons for the
selection of such programs.
[(3) Information setting forth the allocation of such
funds required to implement section 5142.
[(4) A description of how assistance under this part
will contribute to improving student academic
achievement or improving the quality of education for
students.
[(5) An assurance that the local educational agency
will comply with this part, including the provisions of
section 5142 concerning the participation of children
enrolled in private nonprofit schools.
[(6) An assurance that the local educational agency
will keep such records, and provide such information to
the State educational agency, as may be reasonably
required for fiscal audit and program evaluation
(consistent with the responsibilities of the State
educational agency under this part).
[(7) Provision, in the allocation of funds for the
assistance authorized by this part and in the planning,
design, and implementation of such innovative
assistance programs, for systematic consultation with
parents of children attending elementary schools and
secondary schools in the area served by the local
educational agency, with teachers and administrative
personnel in such schools, and with such other groups
involved in the implementation of this part (such as
librarians, school counselors, and other pupil services
personnel) as may be considered appropriate by the
local educational agency.
[(8) An assurance that--
[(A) programs carried out under this part
will be evaluated annually;
[(B) the evaluation will be used to make
decisions about appropriate changes in programs
for the subsequent year;
[(C) the evaluation will describe how
assistance under this part affected student
academic achievement and will include, at a
minimum, information and data on the use of
funds, the types of services furnished, and the
students served under this part; and
[(D) the evaluation will be submitted to the
State educational agency at the time and in the
manner requested by the State educational
agency.
[(9) If the local educational agency seeks funds
under section 5131(a)(23), a description of how the
agency will comply with the guidelines issued by the
Secretary regarding same-gender schools and classrooms
under section 5131(c).
[(c) Period of Application.--An application submitted by a
local educational agency under subsection (a) may seek
allocations under this part for a period not to exceed 3 fiscal
years. The agency may amend the application annually, as may be
necessary to reflect changes, without the filing of a new
application.
[(d) Local Educational Agency Discretion.--
[(1) In general.--Subject to the limitations and
requirements of this part, a local educational agency
shall have complete discretion in determining how funds
made available to carry out this subpart will be
divided among programs described in section 5131.
[(2) Limitation.--In exercising the discretion
described in paragraph (1), a local educational agency
shall ensure that expenditures under this subpart carry
out the purposes of this part and are used to meet the
educational needs within the schools served by the
local educational agency.
[Subpart 4--General Provisions
[SEC. 5141. MAINTENANCE OF EFFORT.
[(a) In general.--Except as provided in subsection (b), a
State educational agency is entitled to receive its full
allotment of funds under this part for any fiscal year only if
the Secretary determines that either the combined fiscal effort
per student or the aggregate expenditures within the State,
with respect to the provision of free public education for the
fiscal year preceding the fiscal year for which the
determination is made, was not less than 90 percent of such
combined fiscal effort or aggregate expenditures for the second
fiscal year preceding the fiscal year for which the
determination is made.
[(b) Reduction of Funds.--The Secretary shall reduce the
amount of the allotment of funds under this part in any fiscal
year in the exact proportion by which the State educational
agency fails to meet the requirements of subsection (a) by
falling below 90 percent of the fiscal effort per student or
aggregate expenditures (using the measure most favorable to the
State educational agency), and no such lesser amount shall be
used for computing the effort or expenditures required under
paragraph (1) for subsequent years.
[(c) Waiver.--The Secretary may waive, for 1 fiscal year
only, the requirements of this section, if the Secretary
determines that such a waiver would be equitable due to
exceptional or uncontrollable circumstances, such as a natural
disaster or a precipitous and unforeseen decline in the
financial resources of the State educational agency.
[SEC. 5142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
[(a) Participation on Equitable Basis.--
[(1) In general.--To the extent consistent with the
number of children in the school district of a local
educational agency that is eligible to receive funds
under this part, or that serves the area in which a
program assisted under this part is located, who are
enrolled in private nonprofit elementary schools and
secondary schools, or, with respect to instructional or
personnel training programs funded by the State
educational agency from funds made available for State
educational agency use, the local educational agency,
after consultation with appropriate private school
officials--
[(A) shall provide, as may be necessary, for
the benefit of such children in such schools--
[(i) secular, neutral, and
nonideological services, materials, and
equipment, including the participation
of the teachers of such children (and
other educational personnel serving
such children) in training programs;
and
[(ii) the repair, minor remodeling,
or construction of public facilities
(consistent with subsection (c)); or
[(B) if such services, materials, and
equipment are not feasible or necessary in one
or more such private schools, as determined by
the local educational agency after consultation
with the appropriate private school officials,
shall provide such other arrangements as will
assure equitable participation of such children
in the purposes and benefits of this part.
[(2) Other provisions for services.--If no program is
carried out under paragraph (1) in the school district
of a local educational agency, the State educational
agency shall make arrangements, such as through
contracts with nonprofit agencies or organizations,
under which children in private schools in the district
are provided with services and materials to the same
extent as would have occurred if the local educational
agency had received funds under this part.
[(3) Application of requirements.--The requirements
of this section relating to the participation of
children, teachers, and other personnel serving such
children shall apply to programs carried out under this
part by a State educational agency or local educational
agency, whether directly or through grants to, or
contracts with, other public or private agencies,
institutions, or organizations.
[(b) Equal Expenditures.--
[(1) In general.--Expenditures for programs under
subsection (a) shall be equal (consistent with the
number of children to be served) to expenditures for
programs under this part for children enrolled in the
public schools of the local educational agency.
[(2) Concentrated programs.--Taking into account the
needs of the individual children and other factors that
relate to the expenditures referred to in paragraph
(1), and when funds available to a local educational
agency under this part are used to concentrate programs
on a particular group, attendance area, or grade or age
level, children enrolled in private schools who are
included within the group, attendance area, or grade or
age level selected for such concentration shall, after
consultation with the appropriate private school
officials, be assured equitable participation in the
purposes and benefits of such programs.
[(c) Administrative Requirements.--
[(1) Funds and property.--The control of funds
provided under this part, and title to materials,
equipment, and property repaired, remodeled, or
constructed with such funds, shall be in a public
agency for the uses and purposes provided in this part,
and a public agency shall administer such funds and
property.
[(2) Provision of services.--Services provided under
this part shall be provided by employees of a public
agency or through contract by such a public agency with
a person, association, agency, or corporation that, in
the provision of such services, is independent of the
private school and of any religious organizations, and
such employment or contract shall be under the control
and supervision of such a public agency. The funds
provided under this part shall not be commingled with
State or local funds.
[(d) Waiver.--
[(1) State prohibition.--If a State educational
agency or local educational agency is prohibited, by
reason of any provision of law, from providing for the
participation in programs of children enrolled in
private elementary schools and secondary schools as
required by subsections (a) through (c), the Secretary
shall waive such requirements for the agency involved
and shall arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section.
[(2) Failure to comply.--If the Secretary determines
that a State educational agency or a local educational
agency has substantially failed, or is unwilling, to
provide for the participation on an equitable basis of
children enrolled in private elementary schools and
secondary schools as required by subsections (a)
through (c), the Secretary may waive such requirements
and shall arrange for the provision of services to such
children through arrangements that shall be subject to
the requirements of this section.
[(e) Withholding of Allotment or Allocation.--Pending final
resolution of any investigation or complaint that could result
in a waiver under subsection (d)(1) or (d)(2), the Secretary
may withhold from the allotment or allocation of the affected
State educational agency or local educational agency the amount
estimated by the Secretary to be necessary to pay the cost of
services to be provided by the Secretary under such subsection.
[(f) Duration of Determination.--Any determination by the
Secretary under this section shall continue in effect until the
Secretary determines that there will no longer be any failure
or inability on the part of the State educational agency or
local educational agency to meet the requirements of
subsections (a) through (c).
[(g) Payment From State Allotment.--When the Secretary
arranges for services under subsection (d), the Secretary
shall, after consultation with the appropriate public school
and private school officials, pay the cost of such services,
including the administrative costs of arranging for those
services, from the appropriate allotment of the State
educational agency under this part.
[(h) Review of Determination.--
[(1) Written objections.--The Secretary shall not
take any final action under this section until the
State educational agency and the local educational
agency affected by such action have had an opportunity,
for not less than 45 days after receiving written
notice thereof, to submit written objections and to
appear before the Secretary or the Secretary's designee
to show cause why that action should not be taken.
[(2) Court action.--If a State educational agency or
local educational agency is dissatisfied with the
Secretary's final action after a proceeding under
paragraph (1), such agency may, not later than 60 days
after notice of such action, file with the United
States court of appeals for the circuit in which such
State is located a petition for review of that action.
A copy of the petition shall be transmitted by the
clerk of the court to the Secretary. The Secretary
thereupon shall file in the court the record of the
proceedings on which the Secretary based the action, as
provided in section 2112 of title 28, United States
Code.
[(3) Remand to secretary.--The findings of fact by
the Secretary with respect to a proceeding under
paragraph (1), if supported by substantial evidence,
shall be conclusive. The court, for good cause shown,
may remand the case to the Secretary to take further
evidence and the Secretary may make new or modified
findings of fact and may modify the Secretary's
previous action, and shall file in the court the record
of the further proceedings. Such new or modified
findings of fact shall likewise be conclusive, if
supported by substantial evidence.
[(4) Court review.--Upon the filing of a petition
under paragraph (2), the court shall have jurisdiction
to affirm the action of the Secretary or to set such
action aside, in whole or in part. The judgment of the
court shall be subject to review by the Supreme Court
upon certiorari or certification, as provided in
section 1254 of title 28, United States Code.
[(i) Prior Determination.--Any bypass determination by the
Secretary under title VI (as such title was in effect on the
day preceding the date of enactment of the No Child Left Behind
Act of 2001) shall, to the extent consistent with the purposes
of this part, apply to programs under this part.
[SEC. 5143. FEDERAL ADMINISTRATION.
[(a) Technical Assistance.--The Secretary, upon request,
shall provide technical assistance to State educational
agencies and local educational agencies under this part.
[(b) Rulemaking.--The Secretary shall issue regulations under
this part only to the extent that such regulations are
necessary to ensure that there is compliance with the specific
requirements and assurances required by this part.
[(c) Availability of Appropriations.--Notwithstanding any
other provision of law, unless expressly in limitation of this
subsection, funds appropriated in any fiscal year to carry out
programs under this part shall become available for obligation
on July 1 of such fiscal year and shall remain available for
obligation until the end of the subsequent fiscal year.
[SEC. 5144. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under this part shall be used to
supplement, and not supplant, any other Federal, State, or
local education funds.
[SEC. 5145. DEFINITIONS.
[In this part:
[(1) Local educational agency.--The term ``local
educational agency'' means a local educational agency
or a consortium of such agencies.
[(2) Public school.--The term ``public school'' means
a public elementary school or a public secondary
school.
[(3) School-age population.--The term ``school-age
population'' means the population aged 5 through 17.
[(4) State.--The term ``State'' means each of the 50
States, the District of Columbia, and the Commonwealth
of Puerto Rico.
[SEC. 5146. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part--
[(1) $450,000,000 for fiscal year 2002;
[(2) $475,000,000 for fiscal year 2003;
[(3) $500,000,000 for fiscal year 2004;
[(4) $525,000,000 for fiscal year 2005;
[(5) $550,000,000 for fiscal year 2006; and
[(6) $600,000,000 for fiscal year 2007.
[PART B--PUBLIC CHARTER SCHOOLS
[Subpart 1--Charter School Programs
[SEC. 5201. PURPOSE.
[It is the purpose of this subpart to increase national
understanding of the charter schools model by--
[(1) providing financial assistance for the planning,
program design, and initial implementation of charter
schools;
[(2) evaluating the effects of such schools,
including the effects on students, student academic
achievement, staff, and parents;
[(3) expanding the number of high-quality charter
schools available to students across the Nation; and
[(4) encouraging the States to provide support to
charter schools for facilities financing in an amount
more nearly commensurate to the amount the States have
typically provided for traditional public schools.
[SEC. 5202. PROGRAM AUTHORIZED.
[(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to
section 5203 to enable such agencies to conduct a charter
school grant program in accordance with this subpart.
[(b) Special Rule.--If a State educational agency elects not
to participate in the program authorized by this subpart or
does not have an application approved under section 5203, the
Secretary may award a grant to an eligible applicant that
serves such State and has an application approved pursuant to
section 5203(c).
[(c) Program Periods.--
[(1) Grants to states.--Grants awarded to State
educational agencies under this subpart shall be for a
period of not more than 3 years.
[(2) Grants to eligible applicants.--Grants awarded
by the Secretary to eligible applicants or subgrants
awarded by State educational agencies to eligible
applicants under this subpart shall be for a period of
not more than 3 years, of which the eligible applicant
may use--
[(A) not more than 18 months for planning and
program design;
[(B) not more than 2 years for the initial
implementation of a charter school; and
[(C) not more than 2 years to carry out
dissemination activities described in section
5204(f)(6)(B).
[(d) Limitation.--A charter school may not receive--
[(1) more than one grant for activities described in
subparagraphs (A) and (B) of subsection (c)(2); or
[(2) more than one grant for activities under
subparagraph (C) of subsection (c)(2).
[(e) Priority Treatment.--
[(1) In general.--In awarding grants under this
subpart for fiscal year 2002 or any succeeding fiscal
year from any funds appropriated under section 5211
(other than funds reserved to carry out section
5205(b)), the Secretary shall give priority to States
to the extent that the States meet the criteria
described in paragraph (2) and one or more of the
criteria described in subparagraph (A), (B), or (C) of
paragraph (3).
[(2) Review and evaluation priority criteria.--The
criteria referred to in paragraph (1) are that the
State provides for periodic review and evaluation by
the authorized public chartering agency of each charter
school, at least once every 5 years unless required
more frequently by State law, to determine whether the
charter school is meeting the terms of the school's
charter, and is meeting or exceeding the student
academic achievement requirements and goals for charter
schools as set forth under State law or the school's
charter.
[(3) Priority criteria.--The criteria referred to in
paragraph (1) are the following:
[(A) The State has demonstrated progress, in
increasing the number of high-quality charter
schools that are held accountable in the terms
of the schools' charters for meeting clear and
measurable objectives for the educational
progress of the students attending the schools,
in the period prior to the period for which a
State educational agency or eligible applicant
applies for a grant under this subpart.
[(B) The State--
[(i) provides for one authorized
public chartering agency that is not a
local educational agency, such as a
State chartering board, for each
individual or entity seeking to operate
a charter school pursuant to such State
law; or
[(ii) in the case of a State in which
local educational agencies are the only
authorized public chartering agencies,
allows for an appeals process for the
denial of an application for a charter
school.
[(C) The State ensures that each charter
school has a high degree of autonomy over the
charter school's budgets and expenditures.
[(f) Amount Criteria.--In determining the amount of a grant
to be awarded under this subpart to a State educational agency,
the Secretary shall take into consideration the number of
charter schools that are operating, or are approved to open, in
the State.
[SEC. 5203. APPLICATIONS.
[(a) Applications From State Agencies.--Each State
educational agency desiring a grant from the Secretary under
this subpart shall submit to the Secretary an application at
such time, in such manner, and containing or accompanied by
such information as the Secretary may require.
[(b) Contents of a State Educational Agency Application.--
Each application submitted pursuant to subsection (a) shall--
[(1) describe the objectives of the State educational
agency's charter school grant program and a description
of how such objectives will be fulfilled, including
steps taken by the State educational agency to inform
teachers, parents, and communities of the State
educational agency's charter school grant program; and
[(2) describe how the State educational agency--
[(A) will inform each charter school in the
State regarding--
[(i) Federal funds that the charter
school is eligible to receive; and
[(ii) Federal programs in which the
charter school may participate;
[(B) will ensure that each charter school in
the State receives the charter school's
commensurate share of Federal education funds
that are allocated by formula each year,
including during the first year of operation of
the charter school; and
[(C) will disseminate best or promising
practices of charter schools to each local
educational agency in the State; and
[(3) contain assurances that the State educational
agency will require each eligible applicant desiring to
receive a subgrant to submit an application to the
State educational agency containing--
[(A) a description of the educational program
to be implemented by the proposed charter
school, including--
[(i) how the program will enable all
students to meet challenging State
student academic achievement standards;
[(ii) the grade levels or ages of
children to be served; and
[(iii) the curriculum and
instructional practices to be used;
[(B) a description of how the charter school
will be managed;
[(C) a description of--
[(i) the objectives of the charter
school; and
[(ii) the methods by which the
charter school will determine its
progress toward achieving those
objectives;
[(D) a description of the administrative
relationship between the charter school and the
authorized public chartering agency;
[(E) a description of how parents and other
members of the community will be involved in
the planning, program design, and
implementation of the charter school;
[(F) a description of how the authorized
public chartering agency will provide for
continued operation of the school once the
Federal grant has expired, if such agency
determines that the school has met the
objectives described in subparagraph (C)(i);
[(G) a request and justification for waivers
of any Federal statutory or regulatory
provisions that the eligible applicant believes
are necessary for the successful operation of
the charter school, and a description of any
State or local rules, generally applicable to
public schools, that will be waived for, or
otherwise not apply to, the school;
[(H) a description of how the subgrant funds
or grant funds, as appropriate, will be used,
including a description of how such funds will
be used in conjunction with other Federal
programs administered by the Secretary;
[(I) a description of how students in the
community will be--
[(i) informed about the charter
school; and
[(ii) given an equal opportunity to
attend the charter school;
[(J) an assurance that the eligible applicant
will annually provide the Secretary and the
State educational agency such information as
may be required to determine if the charter
school is making satisfactory progress toward
achieving the objectives described in
subparagraph (C)(i);
[(K) an assurance that the eligible applicant
will cooperate with the Secretary and the State
educational agency in evaluating the program
assisted under this subpart;
[(L) a description of how a charter school
that is considered a local educational agency
under State law, or a local educational agency
in which a charter school is located, will
comply with sections 613(a)(5) and 613(e)(1)(B)
of the Individuals with Disabilities Education
Act;
[(M) if the eligible applicant desires to use
subgrant funds for dissemination activities
under section 5202(c)(2)(C), a description of
those activities and how those activities will
involve charter schools and other public
schools, local educational agencies,
developers, and potential developers; and
[(N) such other information and assurances as
the Secretary and the State educational agency
may require.
[(c) Eligible Applicant Application.--Each eligible applicant
desiring a grant pursuant to section 5202(b) shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
[(d) Contents of Eligible Applicant Application.--Each
application submitted pursuant to subsection (c) shall
contain--
[(1) the information and assurances described in
subparagraphs (A) through (N) of subsection (b)(3),
except that for purposes of this subsection
subparagraphs (J), (K), and (N) of such subsection
shall be applied by striking ``and the State
educational agency'' each place such term appears;
[(2) assurances that the State educational agency--
[(A) will grant, or will obtain, waivers of
State statutory or regulatory requirements; and
[(B) will assist each subgrantee in the State
in receiving a waiver under section 5204(e);
and
[(3) assurances that the eligible applicant has
provided its authorized public chartering authority
timely notice, and a copy, of the application, except
that the State educational agency (or the Secretary, in
the case of an application submitted to the Secretary)
may waive the requirement of this paragraph in the case
of an application for a precharter planning grant or
subgrant if the authorized public chartering authority
to which a charter school proposal will be submitted
has not been determined at the time the grant or
subgrant application is submitted.
[SEC. 5204. ADMINISTRATION.
[(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies
under this subpart on the basis of the quality of the
applications submitted under section 5203(b), after taking into
consideration such factors as--
[(1) the contribution that the charter schools grant
program will make to assisting educationally
disadvantaged and other students in meeting State
academic content standards and State student academic
achievement standards;
[(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's
charter schools law;
[(3) the ambitiousness of the objectives for the
State charter school grant program;
[(4) the quality of the strategy for assessing
achievement of those objectives;
[(5) the likelihood that the charter school grant
program will meet those objectives and improve
educational results for students;
[(6) the number of high-quality charter schools
created under this subpart in the State; and
[(7) in the case of State educational agencies that
propose to use grant funds to support dissemination
activities under subsection (f)(6)(B), the quality of
those activities and the likelihood that those
activities will improve student academic achievement.
[(b) Selection Criteria for Eligible Applicants.--The
Secretary shall award grants to eligible applicants under this
subpart on the basis of the quality of the applications
submitted under section 5203(c), after taking into
consideration such factors as--
[(1) the quality of the proposed curriculum and
instructional practices;
[(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local
educational agency to the charter school;
[(3) the extent of community support for the
application;
[(4) the ambitiousness of the objectives for the
charter school;
[(5) the quality of the strategy for assessing
achievement of those objectives;
[(6) the likelihood that the charter school will meet
those objectives and improve educational results for
students; and
[(7) in the case of an eligible applicant that
proposes to use grant funds to support dissemination
activities under subsection (f)(6)(B), the quality of
those activities and the likelihood that those
activities will improve student achievement.
[(c) Peer Review.--The Secretary, and each State educational
agency receiving a grant under this subpart, shall use a peer
review process to review applications for assistance under this
subpart.
[(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this subpart, shall
award grants and subgrants under this subpart in a manner that,
to the extent possible, ensures that such grants and
subgrants--
[(1) are distributed throughout different areas of
the Nation and each State, including urban and rural
areas; and
[(2) will assist charter schools representing a
variety of educational approaches, such as approaches
designed to reduce school size.
[(e) Waivers.--The Secretary may waive any statutory or
regulatory requirement over which the Secretary exercises
administrative authority except any such requirement relating
to the elements of a charter school described in section
5210(1), if--
[(1) the waiver is requested in an approved
application under this subpart; and
[(2) the Secretary determines that granting such a
waiver will promote the purpose of this subpart.
[(f) Use of Funds.--
[(1) State educational agencies.--Each State
educational agency receiving a grant under this subpart
shall use such grant funds to award subgrants to one or
more eligible applicants in the State to enable such
applicant to plan and implement a charter school in
accordance with this subpart, except that the State
educational agency may reserve not more than 10 percent
of the grant funds to support dissemination activities
described in paragraph (6).
[(2) Eligible applicants.--Each eligible applicant
receiving funds from the Secretary or a State
educational agency shall use such funds to plan and
implement a charter school, or to disseminate
information about the charter school and successful
practices in the charter school, in accordance with
this subpart.
[(3) Allowable activities.--An eligible applicant
receiving a grant or subgrant under this subpart may
use the grant or subgrant funds only for--
[(A) post-award planning and design of the
educational program, which may include--
[(i) refinement of the desired
educational results and of the methods
for measuring progress toward achieving
those results; and
[(ii) professional development of
teachers and other staff who will work
in the charter school; and
[(B) initial implementation of the charter
school, which may include--
[(i) informing the community about
the school;
[(ii) acquiring necessary equipment
and educational materials and supplies;
[(iii) acquiring or developing
curriculum materials; and
[(iv) other initial operational costs
that cannot be met from State or local
sources.
[(4) Administrative expenses.--
[(A) State educational agency administrative
expenses.--Each State educational agency
receiving a grant pursuant to this subpart may
reserve not more than 5 percent of such grant
funds for administrative expenses associated
with the charter school grant program assisted
under this subpart.
[(B) Local administrative expenses.--A local
educational agency may not deduct funds for
administrative fees or expenses from a subgrant
awarded to an eligible applicant, unless the
eligible applicant enters voluntarily into a
mutually agreed upon arrangement for
administrative services with the relevant local
educational agency. Absent such approval, the
local educational agency shall distribute all
such subgrant funds to the eligible applicant
without delay.
[(5) Revolving loan funds.--Each State educational
agency receiving a grant pursuant to this subpart may
reserve not more than 10 percent of the grant funds for
the establishment of a revolving loan fund. Such fund
may be used to make loans to eligible applicants that
have received a subgrant under this subpart, under such
terms as may be determined by the State educational
agency, for the initial operation of the charter school
grant program of the eligible applicant until such time
as the recipient begins receiving ongoing operational
support from State or local financing sources.
[(6) Dissemination.--
[(A) In general.--A charter school may apply
for funds under this subpart, whether or not
the charter school has applied for or received
funds under this subpart for planning, program
design, or implementation, to carry out the
activities described in subparagraph (B) if the
charter school has been in operation for at
least 3 consecutive years and has demonstrated
overall success, including--
[(i) substantial progress in
improving student academic achievement;
[(ii) high levels of parent
satisfaction; and
[(iii) the management and leadership
necessary to overcome initial start-up
problems and establish a thriving,
financially viable charter school.
[(B) Activities.--A charter school described
in subparagraph (A) may use funds reserved
under paragraph (1) to assist other schools in
adapting the charter school's program (or
certain aspects of the charter school's
program), or to disseminate information about
the charter school, through such activities
as--
[(i) assisting other individuals with
the planning and start-up of one or
more new public schools, including
charter schools, that are independent
of the assisting charter school and the
assisting charter school's developers,
and that agree to be held to at least
as high a level of accountability as
the assisting charter school;
[(ii) developing partnerships with
other public schools, including charter
schools, designed to improve student
academic achievement in each of the
schools participating in the
partnership;
[(iii) developing curriculum
materials, assessments, and other
materials that promote increased
student achievement and are based on
successful practices within the
assisting charter school; and
[(iv) conducting evaluations and
developing materials that document the
successful practices of the assisting
charter school and that are designed to
improve student performance in other
schools.
[(g) Tribally Controlled Schools.--Each State that receives a
grant under this subpart and designates a tribally controlled
school as a charter school shall not consider payments to a
school under the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2507) in determining--
[(1) the eligibility of the school to receive any
other Federal, State, or local aid; or
[(2) the amount of such aid.
[SEC. 5205. NATIONAL ACTIVITIES.
[(a) In General.--The Secretary shall reserve for each fiscal
year the greater of 5 percent or $5,000,000 of the amount
appropriated to carry out this subpart, except that in no
fiscal year shall the total amount so reserved exceed
$8,000,000, to carry out the following activities:
[(1) To provide charter schools, either directly or
through State educational agencies, with--
[(A) information regarding--
[(i) Federal funds that charter
schools are eligible to receive; and
[(ii) other Federal programs in which
charter schools may participate; and
[(B) assistance in applying for Federal
education funds that are allocated by formula,
including assistance with filing deadlines and
submission of applications.
[(2) To provide for other evaluations or studies that
include the evaluation of the impact of charter schools
on student academic achievement, including information
regarding--
[(A) students attending charter schools
reported on the basis of race, age, disability,
gender, limited English proficiency, and
previous enrollment in public school; and
[(B) the professional qualifications of
teachers within a charter school and the
turnover of the teaching force.
[(3) To provide--
[(A) information to applicants for assistance
under this subpart;
[(B) assistance to applicants for assistance
under this subpart with the preparation of
applications under section 5203;
[(C) assistance in the planning and startup
of charter schools;
[(D) training and technical assistance to
existing charter schools; and
[(E) for the dissemination to other public
schools of best or promising practices in
charter schools.
[(4) To provide (including through the use of one or
more contracts that use a competitive bidding process)
for the collection of information regarding the
financial resources available to charter schools,
including access to private capital, and to widely
disseminate to charter schools any such relevant
information and model descriptions of successful
programs.
[(5) To carry out evaluations of, technical
assistance for, and information dissemination
regarding, the per-pupil facilities aid programs. In
carrying out the evaluations, the Secretary may carry
out one or more evaluations of State programs assisted
under this subsection, which shall, at a minimum,
address--
[(A) how, and the extent to which, the
programs promote educational equity and
excellence; and
[(B) the extent to which charter schools
supported through the programs are--
[(i) held accountable to the public;
[(ii) effective in improving public
education; and
[(iii) open and accessible to all
students.
[(b) Per-Pupil Facilities Aid Programs.--
[(1) Definition of per-pupil facilities aid
program.--In this subsection, the term ``per-pupil
facilities aid program'' means a program in which a
State makes payments, on a per-pupil basis, to charter
schools to provide the schools with financing--
[(A) that is dedicated solely for funding
charter school facilities; or
[(B) a portion of which is dedicated for
funding charter school facilities.
[(2) Grants.--
[(A) In general.--From the amount made
available to carry out this subsection under
paragraphs (2) and (3)(B) of section 5211(b)
for any fiscal year, the Secretary shall make
grants, on a competitive basis, to States to
pay for the Federal share of the cost of
establishing or enhancing, and administering
per-pupil facilities aid programs.
[(B) Period.--The Secretary shall award
grants under this subsection for periods of not
more than 5 years.
[(C) Federal share.--The Federal share of the
cost described in subparagraph (A) for a per-
pupil facilities aid program shall be not more
than--
[(i) 90 percent of the cost, for the
first fiscal year for which the program
receives assistance under this
subsection;
[(ii) 80 percent in the second such
year;
[(iii) 60 percent in the third such
year;
[(iv) 40 percent in the fourth such
year; and
[(v) 20 percent in the fifth such
year.
[(3) Use of funds.--
[(A) In general.--A State that receives a
grant under this subsection shall use the funds
made available through the grant to establish
or enhance, and administer, a per-pupil
facilities aid program for charter schools in
the State.
[(B) Evaluations; technical assistance;
dissemination.--From the amount made available
to a State through a grant under this
subsection for a fiscal year, the State may
reserve not more than 5 percent to carry out
evaluations, to provide technical assistance,
and to disseminate information.
[(C) Supplement, not supplant.--Funds made
available under this subsection shall be used
to supplement, and not supplant, State and
local public funds expended to provide per
pupil facilities aid programs, operations
financing programs, or other programs, for
charter schools.
[(4) Requirements.--
[(A) Voluntary participation.--No State may
be required to participate in a program carried
out under this subsection.
[(B) State law.--To be eligible to receive a
grant under this subsection, a State shall
establish or enhance, and administer, a per-
pupil facilities aid program for charter
schools in the State, that--
[(i) is specified in State law; and
[(ii) provides annual financing, on a
per-pupil basis, for charter school
facilities.
[(5) Applications.--To be eligible to receive a grant
under this subsection, a State shall submit an
application to the Secretary at such time, in such
manner, and containing such information as the
Secretary may require.
[(6) Priorities.--In making grants under this
subsection, the Secretary shall give priority to States
that meet the criteria described in paragraph (2), and
subparagraphs (A), (B), and (C) of paragraph (3), of
section 5202(e).
[(c) Rule of Construction.--Nothing in this section shall be
construed to require charter schools to collect any data
described in subsection (a).
[SEC. 5206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND FOR
SUCCESSIVE ENROLLMENT EXPANSIONS.
[(a) In General.--For purposes of the allocation to schools
by the States or their agencies of funds under part A of title
I, and any other Federal funds which the Secretary allocates to
States on a formula basis, the Secretary and each State
educational agency shall take such measures as are necessary to
ensure that every charter school receives the Federal funding
for which the charter school is eligible not later than 5
months after the charter school first opens, notwithstanding
the fact that the identity and characteristics of the students
enrolling in that charter school are not fully and completely
determined until that charter school actually opens. The
measures similarly shall ensure that every charter school
expanding its enrollment in any subsequent year of operation
receives the Federal funding for which the charter school is
eligible not later than 5 months after such expansion.
[(b) Adjustment and Late Openings.--
[(1) In general.--The measures described in
subsection (a) shall include provision for appropriate
adjustments, through recovery of funds or reduction of
payments for the succeeding year, in cases where
payments made to a charter school on the basis of
estimated or projected enrollment data exceed the
amounts that the school is eligible to receive on the
basis of actual or final enrollment data.
[(2) Rule.--For charter schools that first open after
November 1 of any academic year, the State, in
accordance with guidance provided by the Secretary and
applicable Federal statutes and regulations, shall
ensure that such charter schools that are eligible for
the funds described in subsection (a) for such academic
year have a full and fair opportunity to receive those
funds during the charter schools' first year of
operation.
[SEC. 5207. SOLICITATION OF INPUT FROM CHARTER SCHOOL OPERATORS.
[To the extent practicable, the Secretary shall ensure that
administrators, teachers, and other individuals directly
involved in the operation of charter schools are consulted in
the development of any rules or regulations required to
implement this subpart, as well as in the development of any
rules or regulations relevant to charter schools that are
required to implement part A of title I, the Individuals with
Disabilities Education Act, or any other program administered
by the Secretary that provides education funds to charter
schools or regulates the activities of charter schools.
[SEC. 5208. RECORDS TRANSFER.
[State educational agencies and local educational agencies,
to the extent practicable, shall ensure that a student's
records and, if applicable, a student's individualized
education program as defined in section 602 of the Individuals
with Disabilities Education Act, are transferred to a charter
school upon the transfer of the student to the charter school,
and to another public school upon the transfer of the student
from a charter school to another public school, in accordance
with applicable State law.
[SEC. 5209. PAPERWORK REDUCTION.
[To the extent practicable, the Secretary and each authorized
public chartering agency shall ensure that implementation of
this subpart results in a minimum of paperwork for any eligible
applicant or charter school.
[SEC. 5210. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school''
means a public school that--
[(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempt from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
[(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
[(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
[(D) provides a program of elementary or
secondary education, or both;
[(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations, and is not affiliated
with a sectarian school or religious
institution;
[(F) does not charge tuition;
[(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with
Disabilities Education Act;
[(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, if more students
apply for admission than can be accommodated;
[(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary schools and secondary schools in the
State, unless such requirements are
specifically waived for the purpose of this
program;
[(J) meets all applicable Federal, State, and
local health and safety requirements;
[(K) operates in accordance with State law;
and
[(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the
authorized public chartering agency and the
charter school.
[(2) Developer.--The term ``developer'' means an
individual or group of individuals (including a public
or private nonprofit organization), which may include
teachers, administrators and other school staff,
parents, or other members of the local community in
which a charter school project will be carried out.
[(3) Eligible applicant.--The term ``eligible
applicant'' means a developer that has--
[(A) applied to an authorized public
chartering authority to operate a charter
school; and
[(B) provided adequate and timely notice to
that authority under section 5203(d)(3).
[(4) Authorized public chartering agency.--The term
``authorized public chartering agency'' means a State
educational agency, local educational agency, or other
public entity that has the authority pursuant to State
law and approved by the Secretary to authorize or
approve a charter school.
[SEC. 5211. AUTHORIZATION OF APPROPRIATIONS.
[(a) In General.--There are authorized to be appropriated to
carry out this subpart $300,000,000 for fiscal year 2002 and
such sums as may be necessary for each of the 5 succeeding
fiscal years.
[(b) Reservation.--From the amount appropriated under
subsection (a) for each fiscal year, the Secretary shall
reserve--
[(1) $200,000,000 to carry out this subpart, other
than section 5205(b); and
[(2) any funds in excess of $200,000,000, that do not
exceed $300,000,000, to carry out section 5205(b); and
[(3)(A) 50 percent of any funds in excess of
$300,000,000 to carry out this subpart, other than
section 5205(b); and
[(B) 50 percent of any funds in excess of
$300,000,000 to carry out section 5205(b).
[Subpart 2--Credit Enhancement Initiatives To Assist Charter School
Facility Acquisition, Construction, and Renovation
[SEC. 5221. PURPOSE.
[The purpose of this subpart is to provide grants to eligible
entities to permit the eligible entities to demonstrate
innovative credit enhancement initiatives that assist charter
schools to address the cost of acquiring, constructing, and
renovating facilities.
[SEC. 5222. GRANTS TO ELIGIBLE ENTITIES.
[(a) Grants.--The Secretary shall use 100 percent of the
amount available to carry out this subpart to award not less
than three grants to eligible entities that have applications
approved under this subpart to demonstrate innovative methods
of assisting charter schools to address the cost of acquiring,
constructing, and renovating facilities by enhancing the
availability of loans or bond financing.
[(b) Grantee Selection.--
[(1) Evaluation of application.--The Secretary shall
evaluate each application submitted under section 5223,
and shall determine whether the application is
sufficient to merit approval.
[(2) Distribution of grants.--The Secretary shall
award at least one grant to an eligible entity
described in section 5230(2)(A), at least one grant to
an eligible entity described in section 5230(2)(B), and
at least one grant to an eligible entity described in
section 5230(2)(C), if applications are submitted that
permit the Secretary to do so without approving an
application that is not of sufficient quality to merit
approval.
[(c) Grant Characteristics.--Grants under this subpart shall
be of a sufficient size, scope, and quality so as to ensure an
effective demonstration of an innovative means of enhancing
credit for the financing of charter school acquisition,
construction, or renovation.
[(d) Special Rule.--In the event the Secretary determines
that the funds made available under this subpart are
insufficient to permit the Secretary to award not less than
three grants in accordance with subsections (a) through (c),
such three-grant minimum and subsection (b)(2) shall not apply,
and the Secretary may determine the appropriate number of
grants to be awarded in accordance with subsection (c).
[SEC. 5223. APPLICATIONS.
[(a) In General.--To receive a grant under this subpart, an
eligible entity shall submit to the Secretary an application in
such form as the Secretary may reasonably require.
[(b) Contents.--An application submitted under subsection (a)
shall contain--
[(1) a statement identifying the activities proposed
to be undertaken with funds received under this
subpart, including how the eligible entity will
determine which charter schools will receive
assistance, and how much and what types of assistance
charter schools will receive;
[(2) a description of the involvement of charter
schools in the application's development and the design
of the proposed activities;
[(3) a description of the eligible entity's expertise
in capital market financing;
[(4) a description of how the proposed activities
will leverage the maximum amount of private-sector
financing capital relative to the amount of government
funding used and otherwise enhance credit available to
charter schools;
[(5) a description of how the eligible entity
possesses sufficient expertise in education to evaluate
the likelihood of success of a charter school program
for which facilities financing is sought;
[(6) in the case of an application submitted by a
State governmental entity, a description of the actions
that the entity has taken, or will take, to ensure that
charter schools within the State receive the funding
the charter schools need to have adequate facilities;
and
[(7) such other information as the Secretary may
reasonably require.
[SEC. 5224. CHARTER SCHOOL OBJECTIVES.
[An eligible entity receiving a grant under this subpart
shall use the funds deposited in the reserve account
established under section 5225(a) to assist one or more charter
schools to access private sector capital to accomplish one or
both of the following objectives:
[(1) The acquisition (by purchase, lease, donation,
or otherwise) of an interest (including an interest
held by a third party for the benefit of a charter
school) in improved or unimproved real property that is
necessary to commence or continue the operation of a
charter school.
[(2) The construction of new facilities, or the
renovation, repair, or alteration of existing
facilities, necessary to commence or continue the
operation of a charter school.
[SEC. 5225. RESERVE ACCOUNT.
[(a) Use of Funds.--To assist charter schools to accomplish
the objectives described in section 5224, an eligible entity
receiving a grant under this subpart shall, in accordance with
State and local law, directly or indirectly, alone or in
collaboration with others, deposit the funds received under
this subpart (other than funds used for administrative costs in
accordance with section 5226) in a reserve account established
and maintained by the eligible entity for this purpose. Amounts
deposited in such account shall be used by the eligible entity
for one or more of the following purposes:
[(1) Guaranteeing, insuring, and reinsuring bonds,
notes, evidences of debt, loans, and interests therein,
the proceeds of which are used for an objective
described in section 5224.
[(2) Guaranteeing and insuring leases of personal and
real property for an objective described in section
5224.
[(3) Facilitating financing by identifying potential
lending sources, encouraging private lending, and other
similar activities that directly promote lending to, or
for the benefit of, charter schools.
[(4) Facilitating the issuance of bonds by charter
schools, or by other public entities for the benefit of
charter schools, by providing technical,
administrative, and other appropriate assistance
(including the recruitment of bond counsel,
underwriters, and potential investors and the
consolidation of multiple charter school projects
within a single bond issue).
[(b) Investment.--Funds received under this subpart and
deposited in the reserve account established under subsection
(a) shall be invested in obligations issued or guaranteed by
the United States or a State, or in other similarly low-risk
securities.
[(c) Reinvestment of Earnings.--Any earnings on funds
received under this subpart shall be deposited in the reserve
account established under subsection (a) and used in accordance
with such subsection.
[SEC. 5226. LIMITATION ON ADMINISTRATIVE COSTS.
[An eligible entity may use not more than 0.25 percent of the
funds received under this subpart for the administrative costs
of carrying out its responsibilities under this subpart.
[SEC. 5227. AUDITS AND REPORTS.
[(a) Financial Record Maintenance and Audit.--The financial
records of each eligible entity receiving a grant under this
subpart shall be maintained in accordance with generally
accepted accounting principles and shall be subject to an
annual audit by an independent public accountant.
[(b) Reports.--
[(1) Grantee annual reports.--Each eligible entity
receiving a grant under this subpart annually shall
submit to the Secretary a report of its operations and
activities under this subpart.
[(2) Contents.--Each annual report submitted under
paragraph (1) shall include--
[(A) a copy of the most recent financial
statements, and any accompanying opinion on
such statements, prepared by the independent
public accountant reviewing the financial
records of the eligible entity;
[(B) a copy of any report made on an audit of
the financial records of the eligible entity
that was conducted under subsection (a) during
the reporting period;
[(C) an evaluation by the eligible entity of
the effectiveness of its use of the Federal
funds provided under this subpart in leveraging
private funds;
[(D) a listing and description of the charter
schools served during the reporting period;
[(E) a description of the activities carried
out by the eligible entity to assist charter
schools in meeting the objectives set forth in
section 5224; and
[(F) a description of the characteristics of
lenders and other financial institutions
participating in the activities undertaken by
the eligible entity under this subpart during
the reporting period.
[(3) Secretarial report.--The Secretary shall review
the reports submitted under paragraph (1) and shall
provide a comprehensive annual report to Congress on
the activities conducted under this subpart.
[SEC. 5228. NO FULL FAITH AND CREDIT FOR GRANTEE OBLIGATIONS.
[No financial obligation of an eligible entity entered into
pursuant to this subpart (such as an obligation under a
guarantee, bond, note, evidence of debt, or loan) shall be an
obligation of, or guaranteed in any respect by, the United
States. The full faith and credit of the United States is not
pledged to the payment of funds which may be required to be
paid under any obligation made by an eligible entity pursuant
to any provision of this subpart.
[SEC. 5229. RECOVERY OF FUNDS.
[(a) In General.--The Secretary, in accordance with chapter
37 of title 31, United States Code, shall collect--
[(1) all of the funds in a reserve account
established by an eligible entity under section 5225(a)
if the Secretary determines, not earlier than 2 years
after the date on which the eligible entity first
received funds under this subpart, that the eligible
entity has failed to make substantial progress in
carrying out the purposes described in section 5225(a);
or
[(2) all or a portion of the funds in a reserve
account established by an eligible entity under section
5225(a) if the Secretary determines that the eligible
entity has permanently ceased to use all or a portion
of the funds in such account to accomplish any purpose
described in section 5225(a).
[(b) Exercise of Authority.--The Secretary shall not exercise
the authority provided in subsection (a) to collect from any
eligible entity any funds that are being properly used to
achieve one or more of the purposes described in section
5225(a).
[(c) Procedures.--The provisions of sections 451, 452, and
458 of the General Education Provisions Act shall apply to the
recovery of funds under subsection (a).
[(d) Construction.--This section shall not be construed to
impair or affect the authority of the Secretary to recover
funds under part D of the General Education Provisions Act.
[SEC. 5230. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school'' has
the meaning given such term in section 5210.
[(2) Eligible entity.--The term ``eligible entity''
means--
[(A) a public entity, such as a State or
local governmental entity;
[(B) a private nonprofit entity; or
[(C) a consortium of entities described in
subparagraphs (A) and (B).
[SEC. 5231. AUTHORIZATION OF APPROPRIATIONS.
[For the purpose of carrying out this subpart, there are
authorized to be appropriated $150,000,000 for fiscal year 2002
and such sums as may be necessary for fiscal year 2003.
[Subpart 3--Voluntary Public School Choice Programs
[SEC. 5241. GRANTS.
[(a) Authorization.--From funds made available under section
5248 to carry out this subpart, the Secretary shall award
grants, on a competitive basis, to eligible entities to enable
the entities to establish or expand a program of public school
choice (referred to in this subpart as a ``program'') in
accordance with this subpart.
[(b) Duration.--Grants awarded under subsection (a) may be
awarded for a period of not more than 5 years.
[SEC. 5242. USES OF FUNDS.
[(a) Required Use of Funds.--An eligible entity that receives
a grant under this subpart shall use the grant funds to provide
students selected to participate in the program with
transportation services or the cost of transportation to and
from the public elementary schools and secondary schools,
including charter schools, that the students choose to attend
under the program.
[(b) Permissible Uses of Funds.--An eligible entity that
receives a grant under this subpart may use the grant funds
for--
[(1) planning or designing a program (for not more
than 1 year);
[(2) the cost of making tuition transfer payments to
public elementary schools or secondary schools to which
students transfer under the program;
[(3) the cost of capacity-enhancing activities that
enable high-demand public elementary schools or
secondary schools to accommodate transfer requests
under the program;
[(4) the cost of carrying out public education
campaigns to inform students and parents about the
program; and
[(5) other costs reasonably necessary to implement
the program.
[(c) Nonpermissible Uses of Funds.--An eligible entity that
receives a grant under this subpart may not use the grant funds
for school construction.
[(d) Administrative Expenses.--The eligible entity may use
not more than 5 percent of the funds made available through the
grant for any fiscal year for administrative expenses.
[SEC. 5243. APPLICATIONS.
[(a) Submission.--An eligible entity that desires a grant
under this subpart shall submit an application to the Secretary
at such time, in such manner, and containing such information
as the Secretary may require.
[(b) Contents.--An application submitted under subsection (a)
shall include--
[(1) a description of the program for which the
eligible entity seeks funds and the goals for such
program;
[(2) a description of how and when parents of
students will be given the notice required under
section 5245(a)(2);
[(3) a description of how students will be selected
for the program;
[(4) a description of how the program will be
coordinated with, and will complement and enhance,
other related Federal and non-Federal projects;
[(5) if the program is to be carried out by a
partnership, the name of each partner and a description
of the partner's responsibilities; and
[(6) such other information as the Secretary may
require.
[SEC. 5244. PRIORITIES.
[In awarding grants under this subpart, the Secretary shall
give priority to an eligible entity--
[(1) whose program would provide the widest variety
of choices to all students in participating schools;
[(2) whose program would, through various choice
options, have the most impact in allowing students in
low-performing schools to attend higher-performing
schools; and
[(3) that is a partnership that seeks to implement an
interdistrict approach to carrying out a program.
[SEC. 5245. REQUIREMENTS AND VOLUNTARY PARTICIPATION.
[(a) Parent and Community Involvement and Notice.--In
carrying out a program under this subpart, an eligible entity
shall--
[(1) develop the program with--
[(A) the involvement of parents and others in
the community to be served; and
[(B) individuals who will carry out the
program, including administrators, teachers,
principals, and other staff; and
[(2) provide to parents of students in the area to be
served by the program with prompt notice of--
[(A) the existence of the program;
[(B) the program's availability; and
[(C) a clear explanation of how the program
will operate.
[(b) Selection of Students.--An eligible entity that receives
a grant under this subpart shall select students to participate
in a program on the basis of a lottery, if more students apply
for admission to the program than can be accommodated.
[(c) Voluntary Participation.--Student participation in a
program funded under this subpart shall be voluntary.
[SEC. 5246. EVALUATIONS.
[(a) In General.--From the amount made available to carry out
this subpart for any fiscal year, the Secretary may reserve not
more than 5 percent--
[(1) to carry out evaluations;
[(2) to provide technical assistance; and
[(3) to disseminate information.
[(b) Evaluations.--In carrying out the evaluations under
subsection (a), the Secretary shall, at a minimum, address--
[(1) how, and the extent to which, the programs
promote educational equity and excellence;
[(2) the characteristics of the students
participating in the programs; and
[(3) the effect of the programs on the academic
achievement of students participating in the programs,
particularly students who move from schools identified
under section 1116 to schools not so identified, and on
the overall quality of participating schools and
districts.
[SEC. 5247. DEFINITIONS.
[In this subpart:
[(1) Charter school.--The term ``charter school'' has
the meaning given such term in section 5210.
[(2) Eligible entity.--The term ``eligible entity''
means--
[(A) one or more State educational agencies;
[(B) one or more local educational agencies;
or
[(C) a partnership of--
[(i) one or more--
[(I) State educational
agencies; and
[(II) local educational
agencies or other public, for-
profit, or nonprofit entities;
or
[(ii) one or more--
[(I) local educational
agencies; and
[(II) public, for-profit, or
nonprofit entities.
[(3) Low-performing school.--The term ``low-
performing school'' means a public elementary school or
secondary school that has failed to make adequate
yearly progress, as described in section 1111(b), for
two or more consecutive years.
[SEC. 5248. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
subpart $100,000,000 for fiscal year 2002 and each of the 5
succeeding fiscal years.
[PART C--MAGNET SCHOOLS ASSISTANCE
[SEC. 5301. FINDINGS AND PURPOSE.
[(a) Findings.--Congress makes the following findings:
[(1) Magnet schools are a significant part of the
Nation's effort to achieve voluntary desegregation in
our Nation's schools.
[(2) The use of magnet schools has increased
dramatically since the inception of the magnet schools
assistance program under this Act, with approximately
2,000,000 students nationwide attending such schools,
of whom more than 65 percent are non-white.
[(3) Magnet schools offer a wide range of distinctive
programs that have served as models for school
improvement efforts.
[(4) It is in the best interests of the United
States--
[(A) to continue the Federal Government's
support of local educational agencies that are
implementing court-ordered desegregation plans
and local educational agencies that are
voluntarily seeking to foster meaningful
interaction among students of different racial
and ethnic backgrounds, beginning at the
earliest stage of such students' education;
[(B) to ensure that all students have
equitable access to a high quality education
that will prepare all students to function well
in a technologically oriented and a highly
competitive economy comprised of people from
many different racial and ethnic backgrounds;
and
[(C) to continue to desegregate and diversify
schools by supporting magnet schools,
recognizing that segregation exists between
minority and nonminority students as well as
among students of different minority groups.
[(5) Desegregation efforts through magnet school
programs are a significant part of our Nation's effort
to achieve voluntary desegregation in schools and help
to ensure equal educational opportunities for all
students.
[(b) Purpose.--The purpose of this part is to assist in the
desegregation of schools served by local educational agencies
by providing financial assistance to eligible local educational
agencies for--
[(1) the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students, which shall include assisting in the
efforts of the United States to achieve voluntary
desegregation in public schools;
[(2) the development and implementation of magnet
school programs that will assist local educational
agencies in achieving systemic reforms and providing
all students the opportunity to meet challenging State
academic content standards and student academic
achievement standards;
[(3) the development and design of innovative
educational methods and practices that promote
diversity and increase choices in public elementary
schools and public secondary schools and public
educational programs;
[(4) courses of instruction within magnet schools
that will substantially strengthen the knowledge of
academic subjects and the attainment of tangible and
marketable vocational, technological, and professional
skills of students attending such schools;
[(5) improving the capacity of local educational
agencies, including through professional development,
to continue operating magnet schools at a high
performance level after Federal funding for the magnet
schools is terminated; and
[(6) ensuring that all students enrolled in the
magnet school programs have equitable access to high
quality education that will enable the students to
succeed academically and continue with postsecondary
education or productive employment.
[SEC. 5302. DEFINITION.
[For the purpose of this part, the term ``magnet school''
means a public elementary school, public secondary school,
public elementary education center, or public secondary
education center that offers a special curriculum capable of
attracting substantial numbers of students of different racial
backgrounds.
[SEC. 5303. PROGRAM AUTHORIZED.
[The Secretary, in accordance with this part, is authorized
to award grants to eligible local educational agencies, and
consortia of such agencies where appropriate, to carry out the
purpose of this part for magnet schools that are--
[(1) part of an approved desegregation plan; and
[(2) designed to bring students from different
social, economic, ethnic, and racial backgrounds
together.
[SEC. 5304. ELIGIBILITY.
[A local educational agency, or consortium of such agencies
where appropriate, is eligible to receive a grant under this
part to carry out the purpose of this part if such agency or
consortium--
[(1) is implementing a plan undertaken pursuant to a
final order issued by a court of the United States, or
a court of any State, or any other State agency or
official of competent jurisdiction, that requires the
desegregation of minority-group-segregated children or
faculty in the elementary schools and secondary schools
of such agency; or
[(2) without having been required to do so, has
adopted and is implementing, or will, if a grant is
awarded to such local educational agency, or consortium
of such agencies, under this part, adopt and implement
a plan that has been approved by the Secretary as
adequate under title VI of the Civil Rights Act of 1964
for the desegregation of minority-group-segregated
children or faculty in such schools.
[SEC. 5305. APPLICATIONS AND REQUIREMENTS.
[(a) Applications.--An eligible local educational agency, or
consortium of such agencies, desiring to receive a grant under
this part shall submit an application to the Secretary at such
time, in such manner, and containing such information and
assurances as the Secretary may reasonably require.
[(b) Information and Assurances.--Each application submitted
under subsection (a) shall include--
[(1) a description of--
[(A) how a grant awarded under this part will
be used to promote desegregation, including how
the proposed magnet school programs will
increase interaction among students of
different social, economic, ethnic, and racial
backgrounds;
[(B) the manner and extent to which the
magnet school program will increase student
academic achievement in the instructional area
or areas offered by the school;
[(C) how the applicant will continue the
magnet school program after assistance under
this part is no longer available, and, if
applicable, an explanation of why magnet
schools established or supported by the
applicant with grant funds under this part
cannot be continued without the use of grant
funds under this part;
[(D) how grant funds under this part will be
used--
[(i) to improve student academic
achievement for all students attending
the magnet school programs; and
[(ii) to implement services and
activities that are consistent with
other programs under this Act, and
other Acts, as appropriate; and
[(E) the criteria to be used in selecting
students to attend the proposed magnet school
program; and
[(2) assurances that the applicant will--
[(A) use grant funds under this part for the
purposes specified in section 5301(b);
[(B) employ highly qualified teachers in the
courses of instruction assisted under this
part;
[(C) not engage in discrimination based on
race, religion, color, national origin, sex, or
disability in--
[(i) the hiring, promotion, or
assignment of employees of the
applicant or other personnel for whom
the applicant has any administrative
responsibility;
[(ii) the assignment of students to
schools, or to courses of instruction
within the schools, of such applicant,
except to carry out the approved plan;
and
[(iii) designing or operating
extracurricular activities for
students;
[(D) carry out a high-quality education
program that will encourage greater parental
decisionmaking and involvement; and
[(E) give students residing in the local
attendance area of the proposed magnet school
program equitable consideration for placement
in the program, consistent with desegregation
guidelines and the capacity of the applicant to
accommodate the students.
[(c) Special Rule.--No grant shall be awarded under this part
unless the Assistant Secretary of Education for Civil Rights
determines that the assurances described in subsection
(b)(2)(C) will be met.
[SEC. 5306. PRIORITY.
[In awarding grants under this part, the Secretary shall give
priority to applicants that--
[(1) demonstrate the greatest need for assistance,
based on the expense or difficulty of effectively
carrying out approved desegregation plans and the
magnet school program for which the grant is sought;
[(2) propose to carry out new magnet school programs,
or significantly revise existing magnet school
programs; and
[(3) propose to select students to attend magnet
school programs by methods such as lottery, rather than
through academic examination.
[SEC. 5307. USE OF FUNDS.
[(a) In General.--Grant funds made available under this part
may be used by an eligible local educational agency, or
consortium of such agencies--
[(1) for planning and promotional activities directly
related to the development, expansion, continuation, or
enhancement of academic programs and services offered
at magnet schools;
[(2) for the acquisition of books, materials, and
equipment, including computers and the maintenance and
operation of materials, equipment, and computers,
necessary to conduct programs in magnet schools;
[(3) for the compensation, or subsidization of the
compensation, of elementary school and secondary school
teachers who are highly qualified, and instructional
staff where applicable, who are necessary to conduct
programs in magnet schools;
[(4) with respect to a magnet school program offered
to less than the entire student population of a school,
for instructional activities that--
[(A) are designed to make available the
special curriculum that is offered by the
magnet school program to students who are
enrolled in the school but who are not enrolled
in the magnet school program; and
[(B) further the purpose of this part;
[(5) for activities, which may include professional
development, that will build the recipient's capacity
to operate magnet school programs once the grant period
has ended;
[(6) to enable the local educational agency, or
consortium of such agencies, to have more flexibility
in the administration of a magnet school program in
order to serve students attending a school who are not
enrolled in a magnet school program; and
[(7) to enable the local educational agency, or
consortium of such agencies, to have flexibility in
designing magnet schools for students in all grades.
[(b) Special Rule.--Grant funds under this part may be used
for activities described in paragraphs (2) and (3) of
subsection (a) only if the activities are directly related to
improving student academic achievement based on the State's
challenging academic content standards and student academic
achievement standards or directly related to improving student
reading skills or knowledge of mathematics, science, history,
geography, English, foreign languages, art, or music, or to
improving vocational, technological, and professional skills.
[SEC. 5308. PROHIBITION.
[Grants under this part may not be used for transportation or
any activity that does not augment academic improvement.
[SEC. 5309. LIMITATIONS.
[(a) Duration of Awards.--A grant under this part shall be
awarded for a period that shall not exceed 3 fiscal years.
[(b) Limitation on Planning Funds.--A local educational
agency, or consortium of such agencies, may expend for planning
(professional development shall not be considered to be
planning for purposes of this subsection) not more than 50
percent of the grant funds received under this part for the
first year of the program and not more than 15 percent of such
funds for each of the second and third such years.
[(c) Amount.--No local educational agency, or consortium of
such agencies, awarded a grant under this part shall receive
more than $4,000,000 under this part for any 1 fiscal year.
[(d) Timing.--To the extent practicable, the Secretary shall
award grants for any fiscal year under this part not later than
July 1 of the applicable fiscal year.
[SEC. 5310. EVALUATIONS.
[(a) Reservation.--The Secretary may reserve not more than 2
percent of the funds appropriated under section 5311(a) for any
fiscal year to carry out evaluations, provide technical
assistance, and carry out dissemination projects with respect
to magnet school programs assisted under this part.
[(b) Contents.--Each evaluation described in subsection (a),
at a minimum, shall address--
[(1) how and the extent to which magnet school
programs lead to educational quality and improvement;
[(2) the extent to which magnet school programs
enhance student access to a high quality education;
[(3) the extent to which magnet school programs lead
to the elimination, reduction, or prevention of
minority group isolation in elementary schools and
secondary schools with substantial proportions of
minority students; and
[(4) the extent to which magnet school programs
differ from other school programs in terms of the
organizational characteristics and resource allocations
of such magnet school programs.
[(c) Dissemination.--The Secretary shall collect and
disseminate to the general public information on successful
magnet school programs.
[SEC. 5311. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
[(a) Authorization.--For the purpose of carrying out this
part, there are authorized to be appropriated $125,000,000 for
fiscal year 2002 and such sums as may be necessary for each of
the 5 succeeding fiscal years.
[(b) Availability of Funds for Grants to Agencies Not
Previously Assisted.--In any fiscal year for which the amount
appropriated pursuant to subsection (a) exceeds $75,000,000,
the Secretary shall give priority in using such amounts in
excess of $75,000,000 to awarding grants to local educational
agencies or consortia of such agencies that did not receive a
grant under this part in the preceding fiscal year.
[PART D--FUND FOR THE IMPROVEMENT OF EDUCATION
[SEC. 5401. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated to carry out this
part the following amounts:
[(1) $550,000,000 for fiscal year 2002.
[(2) $575,000,000 for fiscal year 2003.
[(3) $600,000,000 for fiscal year 2004.
[(4) $625,000,000 for fiscal year 2005.
[(5) $650,000,000 for fiscal year 2006.
[(6) $675,000,000 for fiscal year 2007.
[Subpart 1--Fund for the Improvement of Education
[SEC. 5411. PROGRAMS AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to support
nationally significant programs to improve the quality of
elementary and secondary education at the State and local
levels and help all children meet challenging State academic
content and student academic achievement standards. The
Secretary may carry out such programs directly, or through
grants to, or contracts with--
[(1) States or local educational agencies;
[(2) institutions of higher education; and
[(3) other public and private agencies,
organizations, and institutions.
[(b) Uses of Funds.--Funds made available under section 5401
to carry out this subpart may be used for any of the following
programs:
[(1) Activities to promote systemic education reform
at the State and local levels, including scientifically
based research, development, and evaluation designed to
improve--
[(A) student academic achievement at the
State and local level; and
[(B) strategies for effective parent and
community involvement.
[(2) Programs at the State and local levels that are
designed to yield significant results, including
programs to explore approaches to public school choice
and school-based decisionmaking.
[(3) Recognition programs, which may include
financial awards to States, local educational agencies,
and schools that have made the greatest progress, based
on the Secretary's determination or on a nomination by
the State in which the school is located (or in the
case of a Bureau funded school, by the Secretary of the
Interior) in--
[(A) improving the academic achievement of
economically disadvantaged students and
students from major racial and ethnic minority
groups; and
[(B) closing the academic achievement gap for
those groups of students farthest away from the
proficient level on the academic assessments
administered by the State under section 1111.
[(4) Scientifically based studies and evaluations of
education reform strategies and innovations, and the
dissemination of information on the effectiveness of
such strategies and innovations.
[(5) Identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools,
including programs to evaluate the effectiveness of
using the best practices of exemplary or Blue Ribbon
Schools to improve academic achievement.
[(6) Activities to support Scholar-Athlete Games
programs, including the World Scholar-Athlete Games and
the U.S. Scholar-Athlete Games.
[(7) Programs to promote voter participation in
American elections through programs, such as the
National Student/Parent Mock Election and Kids Voting
USA.
[(8) Demonstrations relating to the planning and
evaluation of the effectiveness of programs under which
local educational agencies or schools contract with
private management organizations to reform a school or
schools.
[(9) Other programs that meet the purposes of this
Act.
[(c) Basis of Awards.--The Secretary is authorized to--
[(1) make awards under this subpart on the basis of
competitions announced by the Secretary; and
[(2) support meritorious unsolicited proposals for
awards under this subpart.
[(d) Effectiveness of Programs.--The Secretary shall ensure
that programs supported under this subpart are designed so that
their effectiveness is readily ascertainable, and shall ensure
that such effectiveness is assessed using rigorous,
scientifically based research and evaluations.
[SEC. 5412. APPLICATIONS.
[(a) Submission.--To be eligible for an award under this
subpart, an entity shall submit an application to the
Secretary, at such time, in such manner, and containing such
information as the Secretary may require.
[(b) Contents.--Each application submitted under subsection
(a) shall--
[(1) establish clear objectives, which are based on
scientifically based research, for the proposed
program; and
[(2) describe the activities the applicant will carry
out in order to meet the objectives described in
paragraph (1).
[(c) Peer Review.--The Secretary shall use a peer review
process in reviewing applications for awards under this subpart
and in recognizing States, local educational agencies, and
schools under section 5411(b)(3), only if funds are used for
such recognition programs. The Secretary may use funds
appropriated under this subpart for the cost of such peer
review.
[SEC. 5413. PROGRAM REQUIREMENTS.
[(a) Evaluations.--A recipient of an award under this subpart
shall--
[(1) evaluate the effectiveness of the program funded
under the award in achieving the objectives stated in
applications submitted under section 5412; and
[(2) report to the Secretary such information as may
be required to determine the effectiveness of such
program, including evidence of progress toward meeting
such objectives.
[(b) Dissemination of Evaluation Results.--The Secretary
shall provide for the dissemination of the evaluations of
programs funded under this subpart by making the evaluations
publicly available upon request, and shall provide public
notice that the evaluations are so available.
[(c) Matching Funds.--The Secretary may require recipients of
awards under this subpart to provide matching funds from non-
Federal sources, and shall permit the recipients to match funds
in whole or in part with in-kind contributions.
[(d) Special Rule for Recognition Programs.--The application
requirements of section 5412(b), and the evaluation
requirements of subsections (a) and (b) of this section, do not
apply to recognition programs under section 5411(b)(3).
[SEC. 5414. STUDIES OF NATIONAL SIGNIFICANCE.
[(a) Studies.--The Secretary shall conduct the following
studies of national significance:
[(1) Unhealthy public school buildings.--A study
regarding the health and learning impacts of
environmentally unhealthy public school buildings on
students and teachers. The study shall include the
following information:
[(A) The characteristics of those public
elementary school and secondary school
buildings that contribute to unhealthy school
environments.
[(B) The health and learning impacts of
environmental unhealthy public school buildings
on students that are attending or that have
attended such schools.
[(C) Recommendations to Congress on how to
assist schools that are out of compliance with
Federal or State health and safety codes, and a
cost estimate of bringing up environmentally
unhealthy public school buildings to minimum
Federal health and safety building standards.
[(2) Exposure to violent entertainment.--A study
regarding how exposure to violent entertainment (such
as in movies, music, television, Internet content,
video games, and arcade games) affects children's
cognitive development and educational achievement.
[(3) Sexual abuse in schools.--A study regarding the
prevalence of sexual abuse in schools, including
recommendations and legislative remedies for addressing
the problem of sexual abuse in schools.
[(b) Completion Date.--The studies under subsection (a) shall
be completed not later than 18 months after the date of
enactment of the No Child Left Behind Act of 2001.
[(c) Public Dissemination.--The Secretary shall make the
study conducted under subsection (a)(1) available to the public
through the Educational Resources Information Center National
Clearinghouse for Educational Facilities of the Department.
[Subpart 2--Elementary and Secondary School Counseling Programs
[SEC. 5421. ELEMENTARY AND SECONDARY SCHOOL COUNSELING PROGRAMS.
[(a) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
such agencies to establish or expand elementary school
and secondary school counseling programs that comply
with the requirements of subsection (c)(2).
[(2) Special consideration.--In awarding grants under
this section, the Secretary shall give special
consideration to applications describing programs
that--
[(A) demonstrate the greatest need for new or
additional counseling services among children
in the schools served by the local educational
agency, in part by providing information on
current ratios of students to school
counselors, students to school social workers,
and students to school psychologists;
[(B) propose the most promising and
innovative approaches for initiating or
expanding school counseling; and
[(C) show the greatest potential for
replication and dissemination.
[(3) Equitable distribution.--In awarding grants
under this section, the Secretary shall ensure an
equitable geographic distribution among the regions of
the United States and among local educational agencies
located in urban, rural, and suburban areas.
[(4) Duration.--A grant under this section shall be
awarded for a period not to exceed 3 years.
[(5) Maximum grant.--A grant awarded under this
section shall not exceed $400,000 for any fiscal year.
[(6) Supplement, not supplant.--Funds made available
under this section shall be used to supplement, and not
supplant, other Federal, State, or local funds used for
providing school-based counseling and mental health
services to students.
[(b) Applications.--
[(1) In general.--Each local educational agency
desiring a grant under this section shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information as the
Secretary may reasonably require.
[(2) Contents.--Each application for a grant under
this section shall--
[(A) describe the school population to be
targeted by the program, the particular
counseling needs of such population, and the
current school counseling resources available
for meeting such needs;
[(B) describe the activities, services, and
training to be provided by the program and the
specific approaches to be used to meet the
needs described in subparagraph (A);
[(C) describe the methods to be used to
evaluate the outcomes and effectiveness of the
program;
[(D) describe how the local educational
agency will involve community groups, social
service agencies, and other public and private
entities in collaborative efforts to enhance
the program and promote school-linked services
integration;
[(E) document that the local educational
agency has the personnel qualified to develop,
implement, and administer the program;
[(F) describe how diverse cultural
populations, if applicable, will be served
through the program;
[(G) assure that the funds made available
under this subpart for any fiscal year will be
used to supplement, and not supplant, any other
Federal, State, or local funds used for
providing school-based counseling and mental
health services to students; and
[(H) assure that the applicant will appoint
an advisory board composed of interested
parties, including parents, teachers, school
administrators, counseling services providers
described in subsection (c)(2)(D), and
community leaders, to advise the local
educational agency on the design and
implementation of the program.
[(c) Use of Funds.--
[(1) In general.--The Secretary is authorized to
award grants to local educational agencies to enable
the local educational agencies to initiate or expand
elementary school or secondary school counseling
programs that comply with the requirements of paragraph
(2).
[(2) Requirements.--Each program funded under this
section shall--
[(A) be comprehensive in addressing the
counseling and educational needs of all
students;
[(B) use a developmental, preventive approach
to counseling;
[(C) increase the range, availability,
quantity, and quality of counseling services in
the elementary schools and secondary schools of
the local educational agency;
[(D) expand counseling services through
qualified school counselors, school social
workers, school psychologists, other qualified
psychologists, or child and adolescent
psychiatrists;
[(E) use innovative approaches to increase
children's understanding of peer and family
relationships, work and self, decisionmaking,
or academic and career planning, or to improve
peer interaction;
[(F) provide counseling services in settings
that meet the range of student needs;
[(G) include in-service training appropriate
to the activities funded under this Act for
teachers, instructional staff, and appropriate
school personnel, including in-service training
in appropriate identification and early
intervention techniques by school counselors,
school social workers, school psychologists,
other qualified psychologists, and child and
adolescent psychiatrists;
[(H) involve parents of participating
students in the design, implementation, and
evaluation of the counseling program;
[(I) involve community groups, social service
agencies, or other public or private entities
in collaborative efforts to enhance the program
and promote school-linked integration of
services;
[(J) evaluate annually the effectiveness and
outcomes of the counseling services and
activities assisted under this section;
[(K) ensure a team approach to school
counseling in the schools served by the local
educational agency by working toward ratios
recommended by the American School Health
Association of one school counselor to 250
students, one school social worker to 800
students, and one school psychologist to 1,000
students; and
[(L) ensure that school counselors, school
psychologists, other qualified psychologists,
school social workers, or child and adolescent
psychiatrists paid from funds made available
under this section spend a majority of their
time counseling students or in other activities
directly related to the counseling process.
[(d) Limitation on Administrative Costs.--Not more than 4
percent of the amounts made available under this section for
any fiscal year may be used for administrative costs to carry
out this section.
[(e) Definitions.--For the purpose of this section--
[(1) the term ``child and adolescent psychiatrist''
means an individual who--
[(A) possesses State medical licensure; and
[(B) has completed residency training
programs in both general psychiatry and child
and adolescent psychiatry;
[(2) the term ``other qualified psychologist'' means
an individual who has demonstrated competence in
counseling children in a school setting and who--
[(A) is licensed in psychology by the State
in which the individual works; and
[(B) practices in the scope of the
individual's education, training, and
experience with children in school settings;
[(3) the term ``school counselor'' means an
individual who has documented competence in counseling
children and adolescents in a school setting and who--
[(A) is licensed by the State or certified by
an independent professional regulatory
authority;
[(B) in the absence of such State licensure
or certification, possesses national
certification in school counseling or a
specialty of counseling granted by an
independent professional organization; or
[(C) holds a minimum of a master's degree in
school counseling from a program accredited by
the Council for Accreditation of Counseling and
Related Educational Programs or the equivalent;
[(4) the term ``school psychologist'' means an
individual who--
[(A) has completed a minimum of 60 graduate
semester hours in school psychology from an
institution of higher education and has
completed 1,200 clock hours in a supervised
school psychology internship, of which 600
hours are in the school setting;
[(B) is licensed or certified in school
psychology by the State in which the individual
works; or
[(C) in the absence of such State licensure
or certification, possesses national
certification by the National School Psychology
Certification Board; and
[(5) the term ``school social worker'' means an
individual who--
[(A) holds a master's degree in social work
from a program accredited by the Council on
Social Work Education; and
[(B)(i) is licensed or certified by the State
in which services are provided; or
[(ii) in the absence of such State licensure
or certification, possesses a national
credential or certification as a school social
work specialist granted by an independent
professional organization.
[(f) Report.--Not later than 2 years after assistance is made
available to local educational agencies under subsection (c),
the Secretary shall make publicly available a report--
[(1) evaluating the programs assisted pursuant to
each grant under this subpart; and
[(2) outlining the information from local educational
agencies regarding the ratios of students to--
[(A) school counselors;
[(B) school social workers; and
[(C) school psychologists.
[(g) Special Rule.--
[(1) Amount equals or exceeds $40,000,000.--If the
amount of funds made available by the Secretary for
this subpart equals or exceeds $40,000,000, the
Secretary shall award not less than $40,000,000 in
grants to local educational agencies to enable the
agencies to establish or expand counseling programs in
elementary schools.
[(2) Amount less than $40,000,000.--If the amount of
funds made available by the Secretary for this subpart
is less than $40,000,000, the Secretary shall award
grants to local educational agencies only to establish
or expand counseling programs in elementary schools.
[Subpart 3--Partnerships in Character Education
[SEC. 5431. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.
[(a) Program Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to eligible entities for the design and
implementation of character education programs that--
[(A) are able to be integrated into classroom
instruction and to be consistent with State
academic content standards; and
[(B) are able to be carried out in
conjunction with other educational reform
efforts.
[(2) Eligible entity.--In this section, the term
``eligible entity'' means--
[(A) a State educational agency in
partnership with--
[(i) one or more local educational
agencies; or
[(ii) one or more--
[(I) local educational
agencies; and
[(II) nonprofit organizations
or entities, including an
institution of higher
education;
[(B) a local educational agency or consortium
of local educational agencies; or
[(C) a local educational agency in
partnership with one or more nonprofit
organizations or entities, including an
institution of higher education.
[(3) Duration.--Each grant under this section shall
be awarded for a period not to exceed 5 years, of which
the eligible entity may not use more than 1 year for
planning and program design.
[(4) Amount of grants for state educational
agencies.--Subject to the availability of
appropriations, the amount of a grant made by the
Secretary to a State educational agency under this
section shall not be less than $500,000 if the State
educational agency--
[(A) is in a partnership described in
paragraph (2)(A); and
[(B) meets such requirements as the Secretary
may establish under this section.
[(b) Contracts Under Program.--
[(1) Evaluation.--Each eligible entity awarded a
grant under this section may contract with outside
sources, including institutions of higher education and
private and nonprofit organizations, for the purposes
of--
[(A) evaluating the program for which the
assistance is made available;
[(B) measuring the integration of such
program into the curriculum and teaching
methods of schools where the program is carried
out; and
[(C) measuring the success of such program in
fostering the elements of character selected by
the recipient under subsection (c).
[(2) Materials and program development.--Each
eligible entity awarded a grant under this section may
contract with outside sources, including institutions
of higher education and private and nonprofit
organizations, for assistance in--
[(A) developing secular curricula, materials,
teacher training, and other activities related
to character education; and
[(B) integrating secular character education
into the curricula and teaching methods of
schools where the program is carried out.
[(c) Elements of Character.--
[(1) Selection.--
[(A) In general.--Each eligible entity
awarded a grant under this section may select
the elements of character that will be taught
under the program for which the grant was
awarded.
[(B) Consideration of views.--In selecting
elements of character under subparagraph (A),
the eligible entity shall consider the views of
the parents of the students to be taught under
the program and the views of the students.
[(2) Example elements.--Elements of character
selected under this subsection may include any of the
following:
[(A) Caring.
[(B) Civic virtue and citizenship.
[(C) Justice and fairness.
[(D) Respect.
[(E) Responsibility.
[(F) Trustworthiness.
[(G) Giving.
[(H) Any other elements deemed appropriate by
the eligible entity.
[(d) Use of Funds by State Educational Agency Recipients.--Of
the total funds received in any fiscal year under this section
by an eligible entity that is a State educational agency--
[(1) not more than 3 percent of such funds may be
used for administrative purposes; and
[(2) the remainder of such funds may be used for--
[(A) collaborative initiatives with and
between local educational agencies and schools;
[(B) the preparation or purchase of
materials, and teacher training;
[(C) providing assistance to local
educational agencies, schools, or institutions
of higher education; and
[(D) technical assistance and evaluation.
[(e) Application.--
[(1) In general.--Each eligible entity desiring a
grant under this section shall submit an application to
the Secretary at such time and in such manner as the
Secretary may require.
[(2) Required information.--Each application for a
grant under this section shall include (together with
any other information that the Secretary may require)
information that--
[(A) demonstrates that the program for which
the grant is sought has clear objectives that
are based on scientifically based research;
[(B) describes any partnerships or
collaborative efforts among the organizations
and entities of the eligible entity;
[(C) describes the activities that will be
carried out with the grant funds and how such
activities will meet the objectives described
in subparagraph (A), including--
[(i) how parents, students, students
with disabilities (including those with
mental or physical disabilities), and
other members of the community,
including members of private and
nonprofit organizations, will be
involved in the design and
implementation of the program and how
the eligible entity will work with the
larger community to increase the reach
and promise of the program;
[(ii) curriculum and instructional
practices that will be used or
developed; and
[(iii) methods of teacher training
and parent education that will be used
or developed;
[(D) describes how the program for which the
grant is sought will be linked to other efforts
to improve academic achievement, including--
[(i) broader educational reforms that
are being instituted by the eligible
entity or its partners; and
[(ii) State academic content
standards;
[(E) in the case of an eligible entity that
is a State educational agency, describes how
the State educational agency--
[(i) will provide technical and
professional assistance to its local
educational agency partners in the
development and implementation of
character education programs; and
[(ii) will assist other interested
local educational agencies that are not
members of the original partnership in
designing and establishing character
education programs;
[(F) describes how the eligible entity will
evaluate the success of its program--
[(i) based on the objectives
described in subparagraph (A); and
[(ii) in cooperation with any
national evaluation conducted pursuant
to subsection (h)(2)(B)(iii); and
[(G) assures that the eligible entity
annually will provide to the Secretary such
information as may be required to determine the
effectiveness of the program.
[(f) Selection of Recipients.--
[(1) Peer review.--
[(A) In general.--In selecting eligible
entities to receive grants under this section
from among the applicants for such grants, the
Secretary shall use a peer review process that
includes the participation of experts in the
field of character education and development.
[(B) Use of funds.--The Secretary may use
funds appropriated under this section for the
cost of carrying out peer reviews under this
paragraph.
[(2) Selection criteria.--Each selection under
paragraph (1) shall be made on the basis of the quality
of the application submitted, taking into consideration
such factors as--
[(A) the extent to which the program fosters
character in students and the potential for
improved student academic achievement;
[(B) the extent and ongoing nature of
parental, student, and community involvement;
[(C) the quality of the plan for measuring
and assessing success; and
[(D) the likelihood that the objectives of
the program will be achieved.
[(3) Equitable distribution.--In making selections
under this subsection, the Secretary shall ensure, to
the extent practicable under paragraph (2), that the
programs assisted under this section are equitably
distributed among the geographic regions of the United
States, and among urban, suburban, and rural areas.
[(g) Participation by Private School Children and Teachers.--
Each eligible entity that receives a grant under this section
shall provide, to the extent feasible and appropriate, for the
participation in programs and activities under this section of
students and teachers in private elementary schools and
secondary schools.
[(h) Evaluation and Program Development.--
[(1) State and local reporting and evaluation.--Each
eligible entity receiving a grant under this section
shall submit to the Secretary a comprehensive
evaluation of the program assisted under this section,
including its impact on students, students with
disabilities (including those with mental or physical
disabilities), teachers, administrators, parents, and
others--
[(A) by the end of the second year of the
program; and
[(B) not later than 1 year after completion
of the grant period.
[(2) National research, dissemination, and
evaluation.--
[(A) In general.--
[(i) Authorization.--The Secretary is
authorized to award grants to, or enter
into contracts or cooperative
agreements with, State educational
agencies or local educational agencies,
institutions of higher education,
tribal organizations, or other public
or private agencies or organizations to
carry out research, development,
dissemination, technical assistance,
and evaluation activities that support
or inform State and local character
education programs.
[(ii) Reservation of funds.--The
Secretary shall reserve not more than 5
percent of the funds made available
under this section to carry out this
paragraph.
[(B) Uses.--Funds made available under
subparagraph (A) may be used for the following:
[(i) Conducting research and
development activities that focus on
matters such as--
[(I) the extent to which
schools are undertaking
character education
initiatives;
[(II) the effectiveness of
instructional models for all
students, including students
with disabilities (including
those with mental or physical
disabilities);
[(III) materials and
curricula for use by programs
in character education;
[(IV) models of professional
development in character
education;
[(V) the development of
measures of effectiveness for
character education programs
(which may include the factors
described in paragraph (3));
and
[(VI) the effectiveness of
State and local programs
receiving funds under this
section.
[(ii) Providing technical assistance
to State and local programs,
particularly on matters of program
evaluation.
[(iii) Conducting evaluations of
State and local programs receiving
funding under this section, that may be
conducted through a national
clearinghouse under clause (iv).
[(iv) Compiling and disseminating,
through a national clearinghouse or
other means--
[(I) information on model
character education programs;
[(II) information about high
quality character education
materials and curricula;
[(III) research findings in
the area of character education
and character development; and
[(IV) any other information
that will be useful to
character education program
participants nationwide,
including educators, parents,
and administrators.
[(C) Partnerships.--In carrying out national
activities under this paragraph, the Secretary
may enter into partnerships with national
nonprofit character education organizations and
institutions of higher education with expertise
and successful experience in implementing--
[(i) character education programs
that had an effective impact on
schools, students, students with
disabilities (including those with
mental or physical disabilities), and
teachers; or
[(ii) character education program
evaluation and research.
[(D) Partnership for activities under
subparagraph (B)(iv).--In carrying out national
activities under subparagraph (B)(iv), the
Secretary may enter into a partnership with a
national nonprofit character education
organization that will disseminate information
to educators, parents, administrators, and
others nationwide, including information about
the range of model character education
programs, materials, and curricula.
[(E) Report.--Each entity awarded a grant or
entering into a contract or cooperative
agreement under this paragraph shall submit an
annual report to the Secretary that--
[(i) describes the entity's progress
in carrying out research, development,
dissemination, evaluation, and
technical assistance under this
paragraph;
[(ii) identifies unmet and future
information needs in the field of
character education; and
[(iii) if applicable, describes the
progress of the entity in carrying out
the requirements of subparagraph
(B)(iv), including a listing of--
[(I) the number of requests
for information received by the
entity in the course of
carrying out such requirements;
[(II) the types of
organizations making such
requests; and
[(III) the types of
information requested.
[(3) Factors.--Factors that may be considered in
evaluating the success of programs funded under this
section include the following:
[(A) Discipline issues.
[(B) Student academic achievement.
[(C) Participation in extracurricular
activities.
[(D) Parental and community involvement.
[(E) Faculty and administration involvement.
[(F) Student and staff morale.
[(G) Overall improvements in school climate
for all students, including students with
disabilities (including those with mental or
physical disabilities).
[(i) Permissive Match.--
[(1) In general.--The Secretary may require eligible
entities to match funds awarded under this section with
non-Federal funds, except that the amount of the match
may not exceed the amount of the grant award.
[(2) Sliding scale.--The amount of a match under
paragraph (1) shall be established based on a sliding
scale that takes into account--
[(A) the poverty of the population to be
targeted by the eligible entity; and
[(B) the ability of the eligible entity to
obtain funding for the match.
[(3) In-kind contributions.--The Secretary shall
permit eligible entities to match funds in whole or in
part with in-kind contributions.
[(4) Consideration.--Notwithstanding this subsection,
the Secretary in making awards under this section shall
not consider the ability of an eligible entity to match
funds.
[Subpart 4--Smaller Learning Communities
[SEC. 5441. SMALLER LEARNING COMMUNITIES.
[(a) Grant Authority.--The Secretary is authorized to award
grants to local educational agencies to enable the agencies to
create a smaller learning community or communities.
[(b) Application.--Each local educational agency desiring a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require. The application shall
include descriptions of the following:
[(1) Strategies and methods the local educational
agency will use to create the smaller learning
community or communities.
[(2) Curriculum and instructional practices,
including any particular themes or emphases, to be used
in the smaller learning environment.
[(3) The extent of involvement of teachers and other
school personnel in investigating, designing,
implementing, and sustaining the smaller learning
community or communities.
[(4) The process to be used for involving students,
parents, and other stakeholders in the development and
implementation of the smaller learning community or
communities.
[(5) Any cooperation or collaboration among community
agencies, organizations, businesses, and others to
develop or implement a plan to create the smaller
learning community or communities.
[(6) The training and professional development
activities that will be offered to teachers and others
involved in the activities assisted under this subpart.
[(7) The objectives of the activities assisted under
this subpart, including a description of how such
activities will better enable all students to reach
challenging State academic content standards and State
student academic achievement standards.
[(8) The methods by which the local educational
agency will assess progress in meeting the objectives
described in paragraph (7).
[(9) If the smaller learning community or communities
exist as a school-within-a-school, the relationship,
including governance and administration, of the smaller
learning community to the remainder of the school.
[(10) The administrative and managerial relationship
between the local educational agency and the smaller
learning community or communities, including how such
agency will demonstrate a commitment to the continuity
of the smaller learning community or communities
(including the continuity of student and teacher
assignment to a particular learning community).
[(11) How the local educational agency will
coordinate or use funds provided under this subpart
with other funds provided under this Act or other
Federal laws.
[(12) The grade levels or ages of students who will
participate in the smaller learning community or
communities.
[(13) The method of placing students in the smaller
learning community or communities, such that students
are not placed according to ability or any other
measure, but are placed at random or by their own
choice, and not pursuant to testing or other judgments.
[(c) Authorized Activities.--Funds under this section may be
used for one or more of the following:
[(1) To study--
[(A) the feasibility of creating the smaller
learning community or communities; and
[(B) effective and innovative organizational
and instructional strategies that will be used
in the smaller learning community or
communities.
[(2) To research, develop, and implement--
[(A) strategies for creating the smaller
learning community or communities; and
[(B) strategies for effective and innovative
changes in curriculum and instruction, geared
to challenging State academic content standards
and State student academic achievement
standards.
[(3) To provide professional development for school
staff in innovative teaching methods that--
[(A) challenge and engage students; and
[(B) will be used in the smaller learning
community or communities.
[(4) To develop and implement strategies to include
parents, business representatives, local institutions
of higher education, community-based organizations, and
other community members in the smaller learning
communities as facilitators of activities that enable
teachers to participate in professional development
activities and provide links between students and their
community.
[Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution
Program
[SEC. 5451. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
[(a) Purpose.--The purpose of this subpart is to establish
and implement a model partnership between a governmental entity
and a private entity, to help prepare young children for
reading and to motivate older children to read, through the
distribution of inexpensive books. Local reading motivation
programs assisted under this section shall use such assistance
to provide books, training for volunteers, motivational
activities, and other essential literacy resources and shall
assign the highest priority to serving the youngest and
neediest children in the United States.
[(b) Authorization.--The Secretary is authorized to enter
into a contract with Reading Is Fundamental (RIF) (hereafter in
this section referred to as the ``contractor'') to support and
promote programs, which include the distribution of inexpensive
books to young and school-age children, that motivate children
to read.
[(c) Requirements of Contract.--Any contract entered into
under subsection (b) shall contain each of the following:
[(1) A provision that the contractor will enter into
subcontracts with local private nonprofit groups or
organizations, or with public agencies, under which
each subcontractor will agree to establish, operate,
and provide the non-Federal share of the cost of
reading motivation programs that include the
distribution of books, by gift (to the extent feasible)
or by loan, to children from birth through secondary
school age, including children in family literacy
programs.
[(2) A provision that funds made available to
subcontractors will be used only to pay the Federal
share of the cost of such programs.
[(3) A provision that, in selecting subcontractors
for initial funding, the contractor will give priority
to programs that will serve a substantial number or
percentage of children with special needs, such as the
following:
[(A) Low-income children, particularly in
high-poverty areas.
[(B) Children at risk of school failure.
[(C) Children with disabilities.
[(D) Foster children.
[(E) Homeless children.
[(F) Migrant children.ildren without access
to libraries.
[(H) Institutionalized or incarcerated
children.
[(I) Children whose parents are
institutionalized or incarcerated.
[(4) A provision that the contractor will provide
such training and technical assistance to
subcontractors as may be necessary to carry out the
purpose of this subpart.
[(5) A provision that the contractor will annually
report to the Secretary the number, and a description,
of programs funded under paragraph (3).
[(6) Such other terms and conditions as the Secretary
determines to be appropriate to ensure the
effectiveness of such programs.
[(d) Restriction on Payments.--The Secretary shall make no
payment of the Federal share of the cost of acquiring and
distributing books under any contract under this section unless
the Secretary determines that the contractor or subcontractor,
as the case may be, has made arrangements with book publishers
or distributors to obtain books at discounts at least as
favorable as discounts that are customarily given by such
publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
[(e) Special Rules for Certain Subcontractors.--
[(1) Funds from other federal sources.--
Subcontractors operating programs under this section in
low-income communities with a substantial number or
percentage of children with special needs, as described
in subsection (c)(3), may use funds from other Federal
sources to pay the non-Federal share of the cost of the
program, if those funds do not comprise more than 50
percent of the non-Federal share of the funds used for
the cost of acquiring and distributing books.
[(2) Waiver authority.--Notwithstanding subsection
(c), the contractor may waive, in whole or in part, the
requirement in subsection (c)(1) for a subcontractor,
if the subcontractor demonstrates that it would
otherwise not be able to participate in the program,
and enters into an agreement with the contractor with
respect to the amount of the non-Federal share to which
the waiver will apply. In a case in which such a waiver
is granted, the requirement in subsection (c)(2) shall
not apply.
[(f) Multi-Year Contracts.--The contractor may enter into a
multi-year subcontract under this section, if--
[(1) the contractor believes that such subcontract
will provide the subcontractor with additional leverage
in seeking local commitments; and
[(2) the subcontract does not undermine the finances
of the national program.
[(g) Federal Share Defined.--In this section, the term
``Federal share'' means, with respect to the cost to a
subcontractor of purchasing books to be paid for under this
section, 75 percent of such costs to the subcontractor, except
that the Federal share for programs serving children of migrant
or seasonal farmworkers shall be 100 percent of such costs to
the subcontractor.
[Subpart 6--Gifted and Talented Students
[SEC. 5461. SHORT TITLE.
[This subpart may be cited as the ``Jacob K. Javits Gifted
and Talented Students Education Act of 2001''.
[SEC. 5462. PURPOSE.
[The purpose of this subpart is to initiate a coordinated
program of scientifically based research, demonstration
projects, innovative strategies, and similar activities
designed to build and enhance the ability of elementary schools
and secondary schools nationwide to meet the special
educational needs of gifted and talented students.
[SEC. 5463. RULE OF CONSTRUCTION.
[Nothing in this subpart shall be construed to prohibit a
recipient of funds under this subpart from serving gifted and
talented students simultaneously with students with similar
educational needs, in the same educational settings, where
appropriate.
[SEC. 5464. AUTHORIZED PROGRAMS.
[(a) Establishment of Program.--
[(1) In general.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) is authorized to make grants to,
or enter into contracts with, State educational
agencies, local educational agencies, institutions of
higher education, other public agencies, and other
private agencies and organizations (including Indian
tribes and Indian organizations (as such terms are
defined in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b)) and
Native Hawaiian organizations) to assist such agencies,
institutions, and organizations in carrying out
programs or projects authorized by this subpart that
are designed to meet the educational needs of gifted
and talented students, including the training of
personnel in the education of gifted and talented
students and in the use, where appropriate, of gifted
and talented services, materials, and methods for all
students.
[(2) Application.--Each entity seeking assistance
under this subpart shall submit an application to the
Secretary at such time, in such manner, and containing
such information as the Secretary may reasonably
require. Each such application shall describe how--
[(A) the proposed gifted and talented
services, materials, and methods can be
adapted, if appropriate, for use by all
students; and
[(B) the proposed programs can be evaluated.
[(b) Use of Funds.--Programs and projects assisted under this
section may include each of the following:
[(1) Conducting--
[(A) scientifically based research on methods
and techniques for identifying and teaching
gifted and talented students and for using
gifted and talented programs and methods to
serve all students; and
[(B) program evaluations, surveys, and the
collection, analysis, and development of
information needed to accomplish the purpose of
this subpart.
[(2) Carrying out professional development (including
fellowships) for personnel (including leadership
personnel) involved in the education of gifted and
talented students.
[(3) Establishing and operating model projects and
exemplary programs for serving gifted and talented
students, including innovative methods for identifying
and educating students who may not be served by
traditional gifted and talented programs (such as
summer programs, mentoring programs, service learning
programs, and cooperative programs involving business,
industry, and education).
[(4) Implementing innovative strategies, such as
cooperative learning, peer tutoring, and service
learning.
[(5) Carrying out programs of technical assistance
and information dissemination, including assistance and
information with respect to how gifted and talented
programs and methods, where appropriate, may be adapted
for use by all students.
[(6) Making materials and services available through
State regional educational service centers,
institutions of higher education, or other entities.
[(7) Providing funds for challenging, high-level
course work, disseminated through technologies
(including distance learning), for individual students
or groups of students in schools and local educational
agencies that would not otherwise have the resources to
provide such course work.
[(c) Special Rule.--To the extent that funds appropriated to
carry out this subpart for a fiscal year beginning with fiscal
year 2002 exceed such funds appropriated for fiscal year 2001,
the Secretary shall use such excess funds to award grants, on a
competitive basis, to State educational agencies, local
educational agencies, or both, to implement activities
described in subsection (b).
[(d) Center for Research and Development.--
[(1) In General.--The Secretary (after consultation
with experts in the field of the education of gifted
and talented students) shall establish a National
Research Center for the Education of Gifted and
Talented Children and Youth through grants to, or
contracts with, one or more institutions of higher
education or State educational agencies, or a
combination or consortium of such institutions and
agencies and other public or private agencies and
organizations, for the purpose of carrying out
activities described in subsection (b).
[(2) Director.--The National Center shall be headed
by a Director. The Secretary may authorize the Director
to carry out such functions of the National Center as
may be agreed upon through arrangements with
institutions of higher education, State educational
agencies, local educational agencies, or other public
or private agencies and organizations.
[(3) Funding.--The Secretary may use not more than 30
percent of the funds made available under this subpart
for fiscal year 2001 to carry out this subsection.
[(e) Coordination.--Scientifically based research activities
supported under this subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by such
Institute; and
[(2) may include collaborative scientifically based
research activities which are jointly funded and
carried out with such Institute.
[SEC. 5465. PROGRAM PRIORITIES.
[(a) General Priority.--In carrying out this subpart, the
Secretary shall give highest priority to programs and projects
designed to develop new information that--
[(1) improves the capability of schools to plan,
conduct, and improve programs to identify and serve
gifted and talented students; and
[(2) assists schools in the identification of, and
provision of services to, gifted and talented students
(including economically disadvantaged individuals,
individuals with limited English proficiency, and
individuals with disabilities) who may not be
identified and served through traditional assessment
methods.
[(b) Service Priority.--The Secretary shall ensure that not
less than 50 percent of the applications approved under section
5464(a)(2) in a fiscal year address the priority described in
subsection (a)(2).
[SEC. 5466. GENERAL PROVISIONS.
[(a) Participation of Private School Children and Teachers.--
In making grants and entering into contracts under this
subpart, the Secretary shall ensure, where appropriate, that
provision is made for the equitable participation of students
and teachers in private nonprofit elementary schools and
secondary schools, including the participation of teachers and
other personnel in professional development programs serving
such students.
[(b) Review, Dissemination, and Evaluation.--The Secretary
shall--
[(1) use a peer review process in reviewing
applications under this subpart;
[(2) ensure that information on the activities and
results of programs and projects funded under this
subpart is disseminated to appropriate State
educational agencies, local educational agencies, and
other appropriate organizations, including nonprofit
private organizations; and
[(3) evaluate the effectiveness of programs under
this subpart in accordance with section 9601, in terms
of the impact on students traditionally served in
separate gifted and talented programs and on other
students, and submit the results of such evaluation to
Congress not later than 2 years after the date of
enactment of the No Child Left Behind Act of 2001.
[(c) Program Operations.--The Secretary shall ensure that the
programs under this subpart are administered within the
Department by a person who has recognized professional
qualifications and experience in the field of the education of
gifted and talented students and who shall--
[(1) administer and coordinate the programs
authorized under this subpart;
[(2) serve as a focal point of national leadership
and information on the educational needs of gifted and
talented students and the availability of educational
services and programs designed to meet such needs;
[(3) assist the Assistant Secretary for Educational
Research and Improvement in identifying research
priorities that reflect the needs of gifted and
talented students; and
[(4) shall disseminate, and consult on, the
information developed under this subpart with other
offices within the Department.
[Subpart 7--Star Schools Program
[SEC. 5471. SHORT TITLE.
[This subpart may be cited as the ``Star Schools Act''.
[SEC. 5472. PURPOSES.
[The purposes of this subpart are the following:
[(1) To encourage improved instruction in
mathematics, science, and foreign languages as well as
other subjects (such as literacy skills and vocational
education).
[(2) To serve underserved populations, including
disadvantaged, illiterate, limited English proficient
populations, and individuals with disabilities through
a Star Schools program under which grants are made to
eligible telecommunication partnerships to enable such
partnerships--
[(A) to develop, construct, acquire,
maintain, and operate telecommunications audio
and visual facilities and equipment;
[(B) to develop and acquire educational and
instructional programming; and
[(C) to obtain technical assistance for the
use of such facilities and instructional
programming.
[SEC. 5473. GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary, in conjunction with the
Office of Educational Technology, is authorized to make grants,
in accordance with the provisions of this subpart, to eligible
entities to pay the Federal share of the cost of the following:
[(1) Development, construction, acquisition,
maintenance, and operation of telecommunications
facilities and equipment.
[(2) Development and acquisition of live, interactive
instructional programming.
[(3) Development and acquisition of preservice and
inservice teacher training programs based on
established research regarding teacher-to-teacher
mentoring, and ongoing, in-class instruction.
[(4) Establishment of teleconferencing facilities and
resources for making interactive training available to
teachers.
[(5) Obtaining technical assistance.
[(6) Coordination of the design and connectivity of
telecommunications networks to reach the greatest
number of schools.
[(b) Duration and Amount.--
[(1) In general.--A grant under this section may not
exceed--
[(A) 5 years in duration (subject to
subsection (c)); and
[(B) $10,000,000 in any single fiscal year.
[(c) Renewal.--
[(1) In general.--Grants awarded under subsection (a)
may be renewed for a single additional period of 3
years.
[(2) Continuing Eligibility.--In order to be eligible
to receive a grant renewal under this subsection, a
grant recipient shall demonstrate, to the satisfaction
of the Secretary, in an addendum to its application
submitted under section 5474, that the grant recipient
will--
[(A) continue to provide services in the
subject areas and geographic areas assisted
with funds received under this subpart for the
previous grant period; and
[(B) use all grant funds received under this
subpart for the 3 year renewal period to
provide expanded services by--
[(i) increasing the number of
students, schools, or school districts
served by the courses of instruction
assisted under this part in the
previous fiscal year;
[(ii) providing new courses of
instruction; and
[(iii) serving new populations of
underserved individuals, such as
children or adults who are
disadvantaged, have limited English
proficiency, are individuals with
disabilities, are illiterate, or lack
secondary school diplomas or their
recognized equivalent.
[(3) Supplement, not supplant.--Grant funds received
under this subsection shall be used to supplement, and
not supplant, services provided by the grant recipient
under this subpart in the previous fiscal year.
[(d) Reservations.--
[(1) Instructional programming.--At least 25 percent
of the funds made available to the Secretary for any
fiscal year under this subpart shall be used for the
cost of instructional programming.
[(2) Local educational agency assistance.--At least
50 percent of the funds available in any fiscal year
under this subpart shall be used for the cost of
facilities, equipment, teacher training or retraining,
technical assistance, or programming, for local
educational agencies that are eligible to receive
assistance under part A of title I.
[(e) Federal Share.--
[(1) Amount.--The Federal share of the cost of
projects funded under this section shall not exceed the
following amounts:
[(A) 75 percent for the first and second
years for which an eligible telecommunications
partnership receives a grant under this
subpart.
[(B) 60 percent for the third and fourth such
years.
[(C) 50 percent for the fifth such year.
[(2) Reduction or waiver.--The Secretary may reduce
or waive the corresponding non-Federal share under
paragraph (1) upon a showing of financial hardship.
[(f) Required local educational agency participation.--The
Secretary is authorized to make a grant under this section to
any eligible entity, if at least one local educational agency
is participating in the proposed program.
[(g) Assistance Obtaining Satellite Time.--The Secretary may
assist recipients of grants made under this section in
acquiring satellite time, where appropriate, as economically as
possible.
[SEC. 5474. APPLICATIONS.
[(a) Submission.--Each eligible entity that desires to
receive a grant under section 5473 shall submit an application
to the Secretary, at such time, in such manner, and containing
or accompanied by such information as the Secretary may
reasonably require.
[(b) Contents.--An application submitted under subsection (a)
shall include each of the following:
[(1) A description of how the proposed program will
assist all students to have an opportunity to meet
challenging State academic achievement standards, how
such program will assist State and local educational
reform efforts, and how such program will contribute to
creating a high-quality system of educational
development.
[(2) A description of the telecommunications
facilities and equipment and technical assistance for
which assistance is sought, which may include--
[(A) the design, development, construction,
acquisition, maintenance, and operation of
State or multistate educational
telecommunications networks and technology
resource centers;
[(B) microwave, fiber optics, cable, and
satellite transmission equipment or any
combination thereof;
[(C) reception facilities;
[(D) satellite time;
[(E) production facilities;
[(F) other telecommunications equipment
capable of serving a wide geographic area;
[(G) the provision of training services to
instructors who will be using the facilities
and equipment for which assistance is sought,
including training in using such facilities and
equipment and training in integrating programs
into the classroom curriculum; and
[(H) the development of educational and
related programming for use on a
telecommunications network.
[(3) In the case of an application for assistance for
instructional programming, a description of the types
of programming that will be developed to enhance
instruction and training and provide an assurance that
such programming will be designed in consultation with
professionals (including classroom teachers) who are
experts in the applicable subject matter and grade
level.
[(4) A description of how the eligible entity has
engaged in sufficient survey and analysis of the area
to be served to ensure that the services offered by the
eligible entity will increase the availability of
courses of instruction in English, mathematics,
science, foreign languages, arts, history, geography,
or other disciplines.
[(5) A description of the professional development
policies for teachers and other school personnel to be
implemented to ensure the effective use of the
telecommunications facilities and equipment for which
assistance is sought.
[(6) A description of the manner in which
historically underserved students (such as students
from low-income families, limited English proficient
students, students with disabilities, or students who
have low literacy skills) and their families, will
participate in the benefits of the telecommunications
facilities, equipment, technical assistance, and
programming assisted under this subpart.
[(7) A description of how existing telecommunications
equipment, facilities, and services, where available,
will be used.
[(8) An assurance that the financial interest of the
United States in the telecommunications facilities and
equipment will be protected for the useful life of such
facilities and equipment.
[(9) An assurance that a significant portion of any
facilities and equipment, technical assistance, and
programming for which assistance is sought for
elementary schools and secondary schools will be made
available to schools or local educational agencies that
have a high number or percentage of children eligible
to be counted under part A of title I.
[(10) An assurance that the applicant will use the
funds provided under this subpart to supplement, and
not supplant, funds available for the purposes of this
subpart.
[(11) A description of how funds received under this
subpart will be coordinated with funds received for
educational technology in the classroom.
[(12) A description of the activities or services for
which assistance is sought, such as--
[(A) providing facilities, equipment,
training services, and technical assistance;
[(B) making programs accessible to students
with disabilities through mechanisms such as
closed captioning and descriptive video
services;
[(C) linking networks around issues of
national importance (such as elections) or to
provide information about employment
opportunities, job training, or student and
other social service programs;
[(D) sharing curriculum resources between
networks and development of program guides
which demonstrate cooperative, cross-network
listing of programs for specific curriculum
areas;
[(E) providing teacher and student support
services, including classroom and training
support materials which permit student and
teacher involvement in the live interactive
distance learning telecasts;
[(F) incorporating community resources, such
as libraries and museums, into instructional
programs;
[(G) providing professional development for
teachers, including, as appropriate, training
to early childhood development and Head Start
teachers and staff and vocational education
teachers and staff, and adult and family
educators;
[(H) providing programs for adults to
maximize the use of telecommunications
facilities and equipment;
[(I) providing teacher training on proposed
or established models of exemplary academic
content standards in mathematics and science
and other disciplines as such standards are
developed; and
[(J) providing parent education programs
during and after the regular school day which
reinforce a student's course of study and
actively involve parents in the learning
process.
[(13) A description of how the proposed program as a
whole will be financed and how arrangements for future
financing will be developed before the program expires.
[(14) An assurance that a significant portion of any
facilities, equipment, technical assistance, and
programming for which assistance is sought for
elementary schools and secondary schools will be made
available to schools in local educational agencies that
have a high percentage of children counted for the
purpose of part A of title I.
[(15) An assurance that the applicant will provide
such information and cooperate in any evaluation that
the Secretary may conduct under this subpart.
[(16) Such additional assurances as the Secretary may
reasonably require.
[(c) Approval.--In approving applications submitted under
subsection (a) for grants under section 5473, the Secretary
shall--
[(1) to the extent feasible, ensure an equitable
geographic distribution of services provided under this
subpart.
[(2) give priority to applications describing
programs that--
[(A) propose high-quality plans, will provide
instruction consistent with State academic
content standards, or will otherwise provide
significant and specific assistance to States
and local educational agencies undertaking
systemic education reform;
[(B) will provide services to programs
serving adults, especially parents, with low
levels of literacy;
[(C) will serve schools with significant
numbers of children counted for the purposes of
part A of title I;
[(D) ensure that the eligible entity will--
[(i) serve the broadest range of
institutions, programs providing
instruction outside of the school
setting, programs serving adults,
especially parents, with low levels of
literacy, institutions of higher
education, teacher training centers,
research institutes, and private
industry;
[(ii) have substantial academic and
teaching capabilities, including the
capability of training, retraining, and
inservice upgrading of teaching skills
and the capability to provide
professional development;
[(iii) provide a comprehensive range
of courses for educators to teach
instructional strategies for students
with different skill levels;
[(iv) provide training to
participating educators in ways to
integrate telecommunications courses
into existing school curriculum;
[(v) provide instruction for
students, teachers, and parents;
[(vi) serve a multistate area; and
[(vii) give priority to the provision
of equipment and linkages to isolated
areas; and
[(E) involve a telecommunications entity
(such as a satellite, cable, telephone,
computer, or public or private television
stations) participating in the eligible entity
and donating equipment or in-kind services for
telecommunications linkages.
[SEC. 5475. OTHER GRANT ASSISTANCE.
[(a) Special Statewide Network.--
[(1) In general.--The Secretary, in conjunction with
the Office of Educational Technology, may provide
assistance to a statewide telecommunications network if
such network--
[(A) provides 2-way full-motion interactive
video and audio communications;
[(B) links together public colleges and
universities and secondary schools throughout
the State; and
[(C) meets any other requirements determined
appropriate by the Secretary.
[(2) Matching contribution.--A statewide
telecommunications network assisted under paragraph (1)
shall contribute, either directly or through private
contributions, non-Federal funds equal to not less than
50 percent of the cost of such network.
[(b) Special Local Network.--
[(1) In general.--The Secretary is authorized to
provide assistance, on a competitive basis, to a local
educational agency, or a consortium of such agencies,
to enable such agency or consortium to establish a
high-technology demonstration program.
[(2) Program requirements.--A high-technology
demonstration program assisted under paragraph (1)
shall--
[(A) include 2-way full-motion interactive
video, audio, and text communications;
[(B) link together elementary schools and
secondary schools, colleges, and universities;
[(C) provide parent participation and family
programs;
[(D) include a staff development program; and
[(E) have a significant contribution and
participation from business and industry.
[(3) Matching requirement.--A local educational
agency or consortium receiving a grant under paragraph
(1) shall provide, either directly or through private
contributions, non-Federal matching funds equal to not
less than 50 percent of the amount of the grant.
[(c) Telecommunications Programs for Continuing Education.--
[(1) Authority.--The Secretary is authorized to award
grants, on a competitive basis, to eligible entities to
develop and operate one or more programs that provide
online access to educational resources in support of
continuing education and curriculum requirements
relevant to achieving a secondary school diploma or its
recognized equivalent. The program authorized by this
subsection shall be designed to advance adult literacy,
secondary school completion, and the acquisition of
specified competency by the end of the 12th grade.
[(2) Applications.--Each eligible entity desiring a
grant under this subsection shall submit an application
to the Secretary. The application shall include each of
the following:
[(A) A demonstration that the applicant will
use publicly funded or free public
telecommunications infrastructure to deliver
video, voice, and data in an integrated service
to support and assist in the acquisition of a
secondary school diploma or its recognized
equivalent.
[(B) An assurance that the content of the
materials to be delivered is consistent with
the accreditation requirements of the State for
which such materials are used.
[(C) To the extent feasible, materials
developed in the Federal departments and
agencies and under appropriate federally funded
programs.
[(D) An assurance that the applicant has the
technological and substantive experience to
carry out the program.
[(E) Such additional assurances as the
Secretary may reasonably require.
[SEC. 5476. ADMINISTRATIVE PROVISIONS.
[(a) Leadership, Evaluation, and Peer Review.--
[(1) Reservation of funds.--The Secretary may reserve
not more than 5 percent of the amount made available to
carry out this subpart for a fiscal year for national
leadership, evaluation, and peer review activities,
which the Secretary may carry out directly or through
grants, contracts, and cooperative agreements.
[(2) Leadership.--Funds reserved for leadership
activities under paragraph (1) may be used for--
[(A) disseminating information, including
lists and descriptions of services available
from grant recipients under this subpart; and
[(B) other activities designed to enhance the
quality of distance learning activities
nationwide.
[(3) Evaluation.--Funds reserved for evaluation
activities under paragraph (1) may be used to conduct
independent evaluations of the activities assisted
under this subpart and of distance learning in general,
including--
[(A) analyses of distance learning efforts
(including such efforts that are, or are not,
assisted under this subpart); and
[(B) comparisons of the effects (including
student outcomes) of different technologies in
distance learning efforts.
[(4) Peer review.--Funds reserved for peer review
activities under paragraph (1) may be used for peer
review of--
[(A) applications for grants under this
subpart; and
[(B) activities assisted under this subpart.
[(b) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of
Commerce, and any other Federal department or agency operating
a telecommunications network for educational purposes, shall
coordinate the activities assisted under this subpart with the
activities of such department or agency relating to a
telecommunications network for educational purposes.
[(c) Funds From Other Agencies.--The Secretary may accept
funds from other Federal departments or agencies to carry out
the purposes of this subpart, including funds for the purchase
of equipment.
[(d) Availability of Funds.--Funds made available to carry
out this subpart shall remain available until expended.
[(e) Closed Captioning and Descriptive Video.--The Secretary
shall encourage each entity receiving funds under this subpart
to provide--
[(1) closed captioning of the verbal content of the
entity's programming, as appropriate; and
[(2) descriptive video of the visual content of the
entity's programming, as appropriate.
[SEC. 5477. DEFINITIONS.
[In this subpart:
[(1) Educational institution.--The term ``educational
institution'' means an institution of higher education,
a local educational agency, or a State educational
agency.
[(2) Eligible entity.--The term ``eligible entity''
includes any of the following that is organized on a
Statewide or multistate basis:
[(A) A public agency or corporation
established for the purpose of developing and
operating telecommunications networks to
enhance educational opportunities provided by
educational institutions, teacher training
centers, and other entities, except that any
such agency or corporation shall represent the
interests of elementary schools and secondary
schools that are eligible to participate in the
program under part A of title I.
[(B) A partnership that will provide
telecommunications services and that includes
three or more of the following entities, at
least one of which shall be an agency described
in clause (i) or (ii):
[(i) A local educational agency that
serves a significant number of
elementary schools and secondary
schools that are eligible for
assistance under part A of title I, or
elementary schools and secondary
schools operated or funded for Indian
children by the Department of the
Interior eligible under section
1121(d)(1)(A).
[(ii) A State educational agency.
[(iii) An adult and family education
program.
[(iv) An institution of higher
education or a State higher education
agency (as that term is defined in
section 103 of the Higher Education Act
of 1965 (20 U.S.C. 1003)).
[(v) A teacher training center or
academy that--
[(I) provides teacher
preservice and inservice
training; and
[(II) receives Federal
financial assistance or has
been approved by a State
agency;
[(vi)(I) A public or private entity
with experience and expertise in the
planning and operation of a
telecommunications network, including
entities involved in telecommunications
through satellite, cable, telephone, or
computer; or
[(II) a public broadcasting entity
with such experience.
[(vii) A public or private elementary
school or secondary school.
[(3) Instructional programming.--The term
``instructional programming'' means courses of
instruction and training courses for elementary and
secondary students, teachers, and others, and materials
for use in such instruction and training that have been
prepared in audio and visual form on tape, disc, film,
or live, and presented by means of telecommunications
devices.
[(4) Public broadcasting entity.--The term ``public
broadcasting entity'' has the same meaning given such
term in section 397 of the Communications Act of 1934
(47 U.S.C. 397).
[Subpart 8--Ready to Teach
[SEC. 5481. GRANTS.
[(a) In General.--The Secretary is authorized to award grants
to a nonprofit telecommunications entity, or partnership of
such entities, for the purpose of carrying out a national
telecommunications-based program to improve teaching in core
curriculum areas. The program shall be designed to assist
elementary school and secondary school teachers in preparing
all students to achieve challenging State academic content and
student academic achievement standards in core curriculum
areas.
[(b) Digital Educational Programming.--The Secretary is
authorized to award grants, as provided for in section 5484, to
eligible entities described in subsection (b) of such section,
to enable such entities to develop, produce, and distribute
innovative educational and instructional video programming that
is designed for use by elementary schools and secondary schools
and based on challenging State academic content and student
academic achievement standards. In awarding such grants, the
Secretary shall ensure that eligible entities enter into
multiyear content development collaborative arrangements with
State educational agencies, local educational agencies,
institutions of higher education, businesses, or other agencies
or organizations.
[SEC. 5482. APPLICATION REQUIRED.
[(a) General Application.--
[(1) In general.--To be eligible to receive a grant
under section 5481(a), a nonprofit telecommunications
entity, or partnership of such entities shall submit an
application to the Secretary. Each such application
shall--
[(A) demonstrate that the applicant will use
the public broadcasting infrastructure, the
Internet, and school digital networks, where
available, to deliver video and data in an
integrated service to train teachers in the use
of materials and learning technologies for
achieving challenging State academic content
and student academic achievement standards;
[(B) ensure that the project for which
assistance is sought will be conducted in
cooperation with appropriate State educational
agencies, local educational agencies, and State
or local nonprofit public telecommunications
entities;
[(C) ensure that a significant portion of the
benefits available for elementary schools and
secondary schools from the project for which
assistance is sought will be available to
schools of local educational agencies that have
a high percentage of children counted for the
purpose of part A of title I; and
[(D) contain such additional assurances as
the Secretary may reasonably require.
[(2) Sites.--In approving applications under
paragraph (1), the Secretary shall ensure that the
program authorized by section 5481(a) is conducted at
elementary school and secondary school sites throughout
the United States.
[(b) Programming Application.--To be eligible to receive a
grant under section 5481(b), an entity shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
[SEC. 5483. REPORTS AND EVALUATION.
[An entity receiving a grant under section 5481(a) shall
prepare and submit to the Secretary an annual report that
contains such information as the Secretary may require. At a
minimum, such report shall describe the program activities
undertaken with funds received under the grant, including--
[(1) the core curriculum areas for which program
activities have been undertaken and the number of
teachers using the program in each core curriculum
area; and
[(2) the States in which teachers using the program
are located.
[SEC. 5484. DIGITAL EDUCATIONAL PROGRAMMING GRANTS.
[(a) Grants.--The Secretary is authorized to award grants
under section 5481(b) to eligible entities to facilitate the
development of educational programming that shall--
[(1) include student assessment tools to provide
feedback on student academic achievement;
[(2) include built-in teacher utilization and support
components to ensure that teachers understand and can
easily use the content of the programming with group
instruction or for individual student use;
[(3) be created for, or adaptable to, challenging
State academic content standards and student academic
achievement standards; and
[(4) be capable of distribution through digital
broadcasting and school digital networks.
[(b) Eligible Entities.--To be eligible to receive a grant
under section 5481(b), an entity shall be a local public
telecommunications entity, as defined in section 397(12) of the
Communications Act of 1934, that is able to demonstrate a
capacity for the development and distribution of educational
and instructional television programming of high quality.
[(c) Competitive Basis.--Grants under section 5481(b) shall
be awarded on a competitive basis as determined by the
Secretary.
[(d) Matching Requirement.--To be eligible to receive a grant
under section 5481(b), an entity shall contribute to the
activities assisted under such grant non-Federal matching funds
in an amount equal to not less than 100 percent of the amount
of the grant. Such matching funds may include funds provided
for the transition to digital broadcasting, as well as in-kind
contributions.
[(e) Duration.--A grant under section 5481(b) shall be
awarded for a period of 3 years in order to provide a
sufficient period of time for the creation of a substantial
body of significant content.
[SEC. 5485. ADMINISTRATIVE COSTS.
[An entity that receives a grant under this subpart may not
use more than 5 percent of the amount received under the grant
for administrative costs.
[Subpart 9--Foreign Language Assistance Program
[SEC. 5491. SHORT TITLE.
[This subpart may be cited as the ``Foreign Language
Assistance Act of 2001''.
[SEC. 5492. PROGRAM AUTHORIZED.
[(a) Program Authority.--
[(1) In general.--The Secretary is authorized to make
grants, on a competitive basis, to State educational
agencies or local educational agencies to pay the
Federal share of the cost of innovative model programs
providing for the establishment, improvement, or
expansion of foreign language study for elementary
school and secondary school students.
[(2) Duration.--Each grant under paragraph (1) shall
be awarded for a period of 3 years.
[(b) Requirements.--
[(1) Grants to state educational agencies.--In
awarding a grant under subsection (a) to a State
educational agency, the Secretary shall support
programs that promote systemic approaches to improving
foreign language learning in the State.
[(2) Grants to local educational agencies.--In
awarding a grant under subsection (a) to a local
educational agency, the Secretary shall support
programs that--
[(A) show the promise of being continued
beyond the grant period;
[(B) demonstrate approaches that can be
disseminated and duplicated in other local
educational agencies; and
[(C) may include a professional development
component.
[(c) Federal Share.--
[(1) In general.--The Federal share for each fiscal
year shall be 50 percent.
[(2) Waiver.--Notwithstanding paragraph (1), the
Secretary may determine the Federal share for any local
educational agency which the Secretary determines does
not have adequate resources to pay the non-Federal
share of the cost of the activities assisted under this
subpart.
[(d) Special rule.--Not less than \3/4\ of the funds made
available under section 5401 to carry out this subpart shall be
used for the expansion of foreign language learning in the
elementary grades.
[(e) Reservation.--The Secretary may reserve not more than 5
percent of funds made available under section 5401 to carry out
this subpart for a fiscal year to evaluate the efficacy of
programs assisted under this subpart.
[SEC. 5493. APPLICATIONS.
[(a) In General.--Any State educational agency or local
educational agency desiring a grant under this subpart shall
submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the
Secretary may require.
[(b) Special Consideration.--The Secretary shall give special
consideration to applications describing programs that--
[(1) include intensive summer foreign language
programs for professional development;
[(2) link nonnative English speakers in the community
with the schools in order to promote two-way language
learning;
[(3) promote the sequential study of a foreign
language for students, beginning in elementary schools;
[(4) make effective use of technology, such as
computer-assisted instruction, language laboratories,
or distance learning, to promote foreign language
study;
[(5) promote innovative activities, such as foreign
language immersion, partial foreign language immersion,
or content-based instruction; and
[(6) are carried out through a consortium comprised
of the agency receiving the grant and an elementary
school or secondary school.
[SEC. 5494. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.
[(a) Incentive Payments.--From amounts made available under
section 5401 to carry out this subpart, the Secretary shall
make an incentive payment for each fiscal year to each public
elementary school that provides to students attending such
school a program designed to lead to communicative competency
in a foreign language.
[(b) Amount.--The Secretary shall determine the amount of the
incentive payment under subsection (a) for each public
elementary school for each fiscal year on the basis of the
number of students participating in a program described in such
subsection at such school for such year compared to the total
number of such students at all such schools in the United
States for such year.
[(c) Requirement.--The Secretary shall consider a program to
be designed to lead to communicative competency in a foreign
language if such program is comparable to a program that
provides not less than 45 minutes of instruction in a foreign
language for not fewer than 4 days per week throughout an
academic year.
[Subpart 10--Physical Education
[SEC. 5501. SHORT TITLE.
[This subpart may be cited as the ``Carol M. White Physical
Education Program''.
[SEC. 5502. PURPOSE.
[The purpose of this subpart is to award grants and contracts
to initiate, expand, and improve physical education programs
for all kindergarten through 12th-grade students.
[SEC. 5503. PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award
grants to local educational agencies and community-based
organizations (such as Boys and Girls Clubs, Boy Scouts and
Girl Scouts, and the Young Men's Christian Organization (YMCA)
and Young Women's Christian Organization (YWCA)) to pay the
Federal share of the costs of initiating, expanding, and
improving physical education programs (including after-school
programs) for kindergarten through 12th-grade students by--
[(1) providing equipment and support to enable
students to participate actively in physical education
activities; and
[(2) providing funds for staff and teacher training
and education.
[(b) Program Elements.--A physical education program funded
under this subpart may provide for one or more of the
following:
[(1) Fitness education and assessment to help
students understand, improve, or maintain their
physical well-being.
[(2) Instruction in a variety of motor skills and
physical activities designed to enhance the physical,
mental, and social or emotional development of every
student.
[(3) Development of, and instruction in, cognitive
concepts about motor skill and physical fitness that
support a lifelong healthy lifestyle.
[(4) Opportunities to develop positive social and
cooperative skills through physical activity
participation.
[(5) Instruction in healthy eating habits and good
nutrition.
[(6) Opportunities for professional development for
teachers of physical education to stay abreast of the
latest research, issues, and trends in the field of
physical education.
[(c) Special Rule.--For the purpose of this subpart,
extracurricular activities, such as team sports and Reserve
Officers' Training Corps (ROTC) program activities, shall not
be considered as part of the curriculum of a physical education
program assisted under this subpart.
[SEC. 5504. APPLICATIONS.
[(a) Submission.--Each local educational agency or community-
based organization desiring a grant or contract under this
subpart shall submit to the Secretary an application that
contains a plan to initiate, expand, or improve physical
education programs in order to make progress toward meeting
State standards for physical education.
[(b) Private School and Home-Schooled Students.--An
application for funds under this subpart may provide for the
participation, in the activities funded under this subpart,
of--
[(1) students enrolled in private nonprofit
elementary schools or secondary schools, and their
parents and teachers; or
[(2) home-schooled students, and their parents and
teachers.
[SEC. 5505. REQUIREMENTS.
[(a) Annual Report to the Secretary.--In order to continue
receiving funding after the first year of a multiyear grant or
contract under this subpart, the administrator of the grant or
contract for the local educational agency or community-based
organization shall submit to the Secretary an annual report
that--
[(1) describes the activities conducted during the
preceding year; and
[(2) demonstrates that progress has been made toward
meeting State standards for physical education.
[(b) Administrative Expenses.--Not more than 5 percent of the
grant funds made available to a local educational agency or
community-based organization under this subpart for any fiscal
year may be used for administrative expenses.
[SEC. 5506. ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share under this subpart may
not exceed--
[(1) 90 percent of the total cost of a program for
the first year for which the program receives
assistance under this subpart; and
[(2) 75 percent of such cost for the second and each
subsequent such year.
[(b) Proportionality.--To the extent practicable, the
Secretary shall ensure that grants awarded under this subpart
shall be equitably distributed among local educational agencies
and community-based organizations serving urban and rural
areas.
[(c) Report to Congress.--Not later than June 1, 2003, the
Secretary shall submit a report to Congress that--
[(1) describes the programs assisted under this
subpart;
[(2) documents the success of such programs in
improving physical fitness; and
[(3) makes such recommendations as the Secretary
determines appropriate for the continuation and
improvement of the programs assisted under this
subpart.
[(d) Availability of Funds.--Amounts made available to the
Secretary to carry out this subpart shall remain available
until expended.
[SEC. 5507. SUPPLEMENT, NOT SUPPLANT.
[Funds made available under this subpart shall be used to
supplement, and not supplant, any other Federal, State, or
local funds available for physical education activities.
[Subpart 11--Community Technology Centers
[SEC. 5511. PURPOSE AND PROGRAM AUTHORIZATION.
[(a) Purpose.--It is the purpose of this subpart to assist
eligible applicants--
[(1) to create or expand community technology centers
that will provide disadvantaged residents of
economically distressed urban and rural communities
with access to information technology and related
training; and
[(2) to provide technical assistance and support to
community technology centers.
[(b) Program Authorization.--The Secretary is authorized, in
conjunction with the Office of Educational Technology, to award
grants, contracts, or cooperative agreements, on a competitive
basis, for a period of not more than 3 years, to eligible
applicants in order to assist such applicants in--
[(1) creating or expanding community technology
centers; or
[(2) providing technical assistance and support to
community technology centers.
[(3) Service of americorps participants.--The
Secretary may collaborate with the Chief Executive
Officer of the Corporation for National and Community
Service on the use in community technology centers of
participants in National Service programs carried out
under subtitle C of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.).
[SEC. 5512. ELIGIBILITY AND APPLICATION REQUIREMENTS.
[(a) Eligible Applicants.--In order to be eligible to receive
an award under this subpart, an applicant shall--
[(1) be an entity (such as a foundation, museum,
library, for-profit business, public or private
nonprofit organization, or community-based
organization), an institution of higher education, a
State educational agency, a local education agency, or
a consortium of such entities, institutions, or
agencies; and
[(2) have the capacity to significantly expand access
to computers and related services for disadvantaged
residents of economically distressed urban and rural
communities (who would otherwise be denied such
access).
[(b) Application Requirements.--In order to receive an award
under this subpart, an eligible applicant shall submit an
application to the Secretary at such time, and containing such
information, as the Secretary may require. The application
shall include each of the following:
[(1) A description of the proposed project, including
a description of the magnitude of the need for the
services and how the project would expand access to
information technology and related services to
disadvantaged residents of an economically distressed
urban or rural community.
[(2) A demonstration of--
[(A) the commitment, including the financial
commitment, of entities (such as institutions,
organizations, business and other groups in the
community) that will provide support for the
creation, expansion, and continuation of the
proposed project; and
[(B) the extent to which the proposed project
coordinates with other appropriate agencies,
efforts, and organizations providing services
to disadvantaged residents of an economically
distressed urban or rural community.
[(3) A description of how the proposed project would
be sustained once the Federal funds awarded under this
subpart end.
[(4) A plan for the evaluation of the program, which
shall include benchmarks to monitor progress toward
specific project objectives.
[(c) Matching Requirements.--The Federal share of the cost of
any project funded under this subpart shall not exceed 50
percent. The non-Federal share of such project may be in cash
or in kind, fairly evaluated, including services.
[SEC. 5513. USES OF FUNDS.
[(a) Required Uses.--A recipient shall use funds under this
subpart for--
[(1) creating or expanding community technology
centers that expand access to information technology
and related training for disadvantaged residents of
distressed urban or rural communities; and
[(2) evaluating the effectiveness of the project.
[(b) Permissible Uses.--A recipient may use funds under this
subpart for activities, described in its application, that
carry out the purposes of this subpart, such as--
[(1) supporting a center coordinator, and staff, to
supervise instruction and build community partnerships;
[(2) acquiring equipment, networking capabilities,
and infrastructure to carry out the project; and
[(3) developing and providing services and activities
for community residents that provide access to
computers, information technology, and the use of such
technology in support of preschool preparation,
academic achievement, educational development, and
workforce development, such as the following:
[(A) After-school activities in which
children and youths use software that provides
academic enrichment and assistance with
homework, develop their technical skills,
explore the Internet, and participate in
multimedia activities, including web page
design and creation.
[(B) Adult education and family literacy
activities through technology and the Internet,
including--
[(i) General Education Development,
Language Instruction Educational
Programs, and adult basic education
classes or programs;
[(ii) introduction to computers;
[(iii) intergenerational activities;
and
[(iv) educational development
opportunities.
[(C) Career development and job preparation
activities, such as--
[(i) training in basic and advanced
computer skills;
[(ii) resume writing workshops; and
[(iii) access to databases of
employment opportunities, career
information, and other online
materials.
[(D) Small business activities, such as--
[(i) computer-based training for
basic entrepreneurial skills and
electronic commerce; and
[(ii) access to information on
business start-up programs that is
available online, or from other
sources.
[(E) Activities that provide home access to
computers and technology, such as assistance
and services to promote the acquisition,
installation, and use of information technology
in the home through low-cost solutions such as
networked computers, web-based television
devices, and other technology.
[Subpart 12--Educational, Cultural, Apprenticeship, and Exchange
Programs for Alaska Natives, Native Hawaiians, and Their Historical
Whaling and Trading Partners in Massachusetts
[SEC. 5521. SHORT TITLE.
[This subpart may be cited as the ``Alaska Native and Native
Hawaiian Education Through Cultural and Historical
Organizations Act''.
[SEC. 5522. FINDINGS AND PURPOSES.
[(a) Findings.--Congress finds the following:
[(1) Alaska Natives and Native Hawaiians have been
linked for over 200 years to the coastal towns of
Salem, Massachusetts, and New Bedford, Massachusetts,
through the China trade from Salem and whaling voyages
from New Bedford.
[(2) Nineteenth-century trading ships sailed from
Salem, Massachusetts, around Cape Horn of South
America, and up the Northwest coast of the United
States to Alaska, where their crews traded with Alaska
Native people for furs, and then went on to Hawaii to
trade for sandalwood with Native Hawaiians before going
on to China.
[(3) During the 19th century, over 2,000 whaling
voyages sailed out of New Bedford, Massachusetts to the
Arctic region of Alaska, and joined Alaska Natives from
Barrow, Alaska and other areas in the Arctic region in
subsistence whaling activities.
[(4) Many New Bedford whaling voyages continued on to
Hawaii, where they joined Native Hawaiians from the
neighboring islands.
[(5) From those commercial and whaling voyages, a
rich cultural exchange and strong trading relationships
developed among the three peoples involved.
[(6) In the past decades, awareness of the historical
trading, cultural, and whaling links has faded among
Alaska Natives, Native Hawaiians, and the people of the
continental United States.
[(7) In 2000, the Alaska Native Heritage Center in
Alaska, the Bishop Museum in Hawaii, and the Peabody-
Essex Museum in Massachusetts initiated the New Trade
Winds project to use 21st-century technology, including
the Internet, to educate students and their parents
about historic and contemporary cultural and trading
ties that continue to link the diverse cultures of the
peoples involved.
[(8) The New Bedford Whaling Museum, in partnership
with the New Bedford Whaling National Historical Park,
has developed a cultural exchange and educational
program with the Inupiat Heritage Center in Barrow,
Alaska to bring together the children, parents, and
elders from the Arctic region of Alaska with children
and families of Massachusetts to learn about their
historical ties and about each other's contemporary
cultures.
[(9) Within the fast-growing cultural sector,
meaningful educational and career opportunities based
on traditional relationships exist for Alaska Natives,
Native Hawaiians, and low-income youth in
Massachusetts.
[(10) Cultural institutions can provide practical,
culturally relevant, education-related internship and
apprentice programs, such as the Museum Action Corps at
the Peabody-Essex Museum and similar programs at the
New Bedford Oceanarium and other institutions, to
prepare youths and their families for careers in the
cultural sector.
[(11) The resources of the institutions described in
paragraphs (7) and (8) provide unique opportunities for
illustrating and interpreting the contributions of
Alaska Natives, Native Hawaiians, the whaling industry,
and the China trade to the economic, social, and
environmental history of the United States, for
educating students and their parents, and for providing
opportunities for internships and apprenticeships
leading to careers with cultural institutions.
[(b) Purposes.--The purposes of this subpart are the
following:
[(1) To authorize and develop innovative culturally-
based educational programs and cultural exchanges to
assist Alaska Natives, Native Hawaiians, and children
and families of Massachusetts linked by history and
tradition to Alaska and Hawaii to learn about shared
culture and traditions.
[(2) To authorize and develop internship and
apprentice programs to assist Alaska Natives, Native
Hawaiians, and children and families of Massachusetts
linked by history and tradition with Alaska and Hawaii
to prepare for careers with cultural institutions.
[(3) To supplement programs and authorities in the
area of education to further the objectives of this
subpart.
[(4) To authorize and develop cultural and
educational programs relating to any Federally
recognized Indian tribe in Mississippi.
[SEC. 5523. PROGRAM AUTHORIZATION.
[(a) Grants and Contracts.--In order to carry out programs
that fulfill the purposes of this subpart, the Secretary is
authorized to make grants to, or enter into contracts with, the
following:
[(1) The Alaska Native Heritage Center in Anchorage,
Alaska.
[(2) The Inupiat Heritage Center in Barrow, Alaska.
[(3) The Bishop Museum in Hawaii.
[(4) The Peabody-Essex Museum in Salem,
Massachusetts.
[(5) The New Bedford Whaling Museum and the New
Bedford Oceanarium in New Bedford, Massachusetts.
[(6) The Mississippi Band of Choctaw Indians in
Choctaw, Mississippi.
[(7) Other Alaska Native and Native Hawaiian cultural
and educational organizations.
[(8) Cultural and educational organizations with
experience in developing or operating programs that
illustrate and interpret the contributions of Alaska
Natives, Native Hawaiians, the whaling industry, and
the China trade to the economic, social, and
environmental history of the United States.
[(9) Consortia of the organizations and entities
described in this subsection.
[(b) Uses of Funds.--Activities provided through programs
carried out under this subpart may include one or more of the
following:
[(1) Development and implementation of educational
programs to increase understanding of cultural
diversity and multicultural communication among Alaska
Natives, Native Hawaiians, and the people of the
continental United States, based on historic patterns
of trading and commerce.
[(2) Development and implementation of programs using
modern technology, including the Internet, to educate
students, their parents, and teachers about historic
and contemporary cultural and trading ties that
continue to link the diverse cultures of Alaska
Natives, Native Hawaiians, and the people of
Massachusetts.
[(3) Cultural exchanges of elders, students, parents,
and teachers among Alaska Natives, Native Hawaiians,
and the people of Massachusetts to increase awareness
of diverse cultures among each group.
[(4) Sharing of collections among cultural
institutions designed to increase awareness of diverse
cultures and links among them.
[(5) Development and implementation of internship and
apprentice programs in cultural institutions to train
Alaska Natives, Native Hawaiians, and low-income
students in Massachusetts for careers with cultural
institutions.
[(6) Other activities, consistent with the purposes
of this subpart, to meet the educational needs of
Alaska Natives, Native Hawaiians, and students and
their parents in Massachusetts.
[(7) Cultural and educational programs relating to
any Federally recognized Indian tribe in Mississippi.
[SEC. 5524. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
subpart, and no contract may be entered into under this
subpart, unless the entity seeking the grant or contract
submits an application to the Secretary at such time, in such
manner, and containing such information as the Secretary may
determine to be necessary to carry out the provisions of this
subpart.
[(b) Local Educational Agency Coordination.--Each applicant
for a grant or contract under this subpart shall inform each
local educational agency serving students who will participate
in the program to be carried out under the grant or contract
about the application.
[SEC. 5525. AVAILABILITY OF FUNDS.
[If sufficient funds are made available under section 5401 to
carry out this subpart for a fiscal year, the Secretary shall
make available, to support activities described in section
5523(b), the following amounts:
[(1) Not less than $2,000,000 each to--
[(A) the New Bedford Whaling Museum, in
partnership with the New Bedford Oceanarium, in
Massachusetts;
[(B) the Inupiat Heritage Center in Alaska;
and
[(C) the Mississippi Band of Choctaw Indians
in Choctaw, Mississippi.
[(2) For the New Trade Winds project, not less than
$1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.
[(3) For internship and apprenticeship programs
(including the Museum Action Corps of the Peabody-Essex
Museum), not less than $1,000,000 each to--
[(A) the Alaska Native Heritage Center in
Alaska;
[(B) the Bishop Museum in Hawaii; and
[(C) the Peabody-Essex Museum in
Massachusetts.
[SEC. 5526. DEFINITIONS.
[In this subpart:
[(1) Alaska native.--The term ``Alaska Native'' has
the meaning given that term in section 7306.
[(2) Native hawaiian.--The term ``Native Hawaiian''
has the meaning given that term in section 7207.
[Subpart 13--Excellence in Economic Education
[SEC. 5531. SHORT TITLE.
[This subpart may be cited as the ``Excellence in Economic
Education Act of 2001''.
[SEC. 5532. PURPOSE AND GOALS.
[(a) Purpose.--The purpose of this subpart is to promote
economic and financial literacy among all students in
kindergarten through grade 12 by awarding a competitive grant
to a national nonprofit educational organization that has as
its primary purpose the improvement of the quality of student
understanding of personal finance and economics.
[(b) Objectives.--The objectives of this subpart are the
following:
[(1) To increase students' knowledge of, and
achievement in, economics to enable the students to
become more productive and informed citizens.
[(2) To strengthen teachers' understanding of, and
competency in, economics to enable the teachers to
increase student mastery of economic principles and the
practical application of those principles.
[(3) To encourage economic education research and
development, to disseminate effective instructional
materials, and to promote replication of best practices
and exemplary programs that foster economic literacy.
[(4) To assist States in measuring the impact of
education in economics.
[(5) To leverage and expand private and public
support for economic education partnerships at
national, State, and local levels.
[SEC. 5533. GRANT PROGRAM AUTHORIZED.
[(a) Authorization.--The Secretary is authorized to award a
competitive grant to a national nonprofit educational
organization that has as its primary purpose the improvement of
the quality of student understanding of personal finance and
economics through effective teaching of economics in the
Nation's classrooms (referred to in this subpart as the
``grantee'').
[(b) Uses of Funds.--
[(1) Direct activities.--The grantee shall use 25
percent of the funds made available through the grant
for a fiscal year--
[(A) to strengthen and expand the grantee's
relationships with State and local personal
finance, entrepreneurial, and economic
education organizations;
[(B) to support and promote training of
teachers who teach a grade from kindergarten
through grade 12 regarding economics, including
the dissemination of information on effective
practices and research findings regarding the
teaching of economics;
[(C) to support research on effective
teaching practices and the development of
assessment instruments to document student
understanding of personal finance and
economics; and
[(D) to develop and disseminate appropriate
materials to foster economic literacy.
[(2) Subgrants.--The grantee shall use 75 percent of
the funds made available through the grant for a fiscal
year to award subgrants to State educational agencies
or local educational agencies, and State or local
economic, personal finance, or entrepreneurial
education organizations (referred to in this section as
the ``recipient''). The grantee shall award such a
subgrant to pay for the Federal share of the cost of
enabling the recipient to work in partnership with one
or more of the entities described in paragraph (3) for
one or more of the following purposes:
[(A) Collaboratively establishing and
conducting teacher training programs that use
effective and innovative approaches to the
teaching of economics, personal finance, and
entrepreneurship.
[(B) Providing resources to school districts
that desire to incorporate economics and
personal finance into the curricula of the
schools in the districts.
[(C) Conducting evaluations of the impact of
economic and financial literacy education on
students.
[(D) Conducting economic and financial
literacy education research.
[(E) Creating and conducting school-based
student activities to promote consumer,
economic, and personal finance education (such
as saving, investing, and entrepreneurial
education) and to encourage awareness and
student academic achievement in economics.
[(F) Encouraging replication of best
practices to promote economic and financial
literacy.
[(3) Partnership entities.--The entities described in
this paragraph are the following:
[(A) A private sector entity.
[(B) A State educational agency.
[(C) A local educational agency.
[(D) An institution of higher education.
[(E) An organization promoting economic
development.
[(F) An organization promoting educational
excellence.
[(G) An organization promoting personal
finance or entrepreneurial education.
[SEC. 5534. APPLICATIONS.
[(a) Grantee Applications.--To be eligible to receive a grant
under this subpart, the grantee shall submit to the Secretary
an application at such time, in such manner, and accompanied by
such information as the Secretary may require.
[(b) Recipient Applications.--
[(1) Submission.--To be eligible to receive a
subgrant under this section, a recipient shall submit
an application to the grantee at such time, in such
manner, and accompanied by such information as the
grantee may require.
[(2) Review.--The grantee shall invite the
individuals described in paragraph (3) to review all
applications from recipients for a subgrant under this
section and to make recommendations to the grantee
regarding the approval of the applications.
[(3) Reviewers.--The individuals described in this
paragraph are the following:
[(i) Leaders in the fields of
economics and education.
[(ii) Such other individuals as the
grantee determines to be necessary,
especially members of the State and
local business, banking, and finance
communities.
[SEC. 5535. REQUIREMENTS.
[(a) Administrative Costs.--The grantee and each recipient
receiving a subgrant under this subpart for a fiscal year may
use not more than 5 percent of the funds made available through
the grant or subgrant for administrative costs.
[(b) Teacher Training Programs.--In carrying out the teacher
training programs described in section 5533(b)(2)(A), a
recipient shall--
[(1) train teachers who teach a grade from
kindergarten through grade 12; and
[(2) encourage teachers from disciplines other than
economics and financial literacy to participate in such
teacher training programs, if the training will promote
the economic and financial literacy of those teachers'
students.
[(c) Involvement of Business Community.--In carrying out the
activities assisted under this subpart, the grantee and
recipients are strongly encouraged to--
[(1) include interactions with the local business
community to the fullest extent possible to reinforce
the connection between economic and financial literacy
and economic development; and
[(2) work with private businesses to obtain matching
contributions for Federal funds and assist recipients
in working toward self-sufficiency.
[(d) Additional Requirements and Technical Assistance.--The
grantee shall--
[(1) meet such other requirements as the Secretary
determines to be necessary to assure compliance with
this section; and
[(2) receive from the Secretary such technical
assistance as may be necessary to carry out this
section.
[SEC. 5536. ADMINISTRATIVE PROVISIONS.
[(a) Federal Share.--The Federal share of the cost described
in section 5533(b)(2) shall be 50 percent.
[(b) Payment of Non-Federal Share.--The non-Federal share may
be paid in cash or in kind (fairly evaluated, including plant,
equipment, or services).
[(c) Reports to Congress.--Not later than 2 years after the
date funds are first made available to carry out this subpart,
and every 2 years thereafter, the Secretary shall submit to the
appropriate committees of Congress a report regarding
activities assisted under this subpart.
[SEC. 5537. SUPPLEMENT, NOT SUPPLANT.
[Funds made available to carry out this subpart shall be used
to supplement, and not supplant, other Federal, State, and
local funds expended for the purpose described in section
5532(a).
[Subpart 14--Grants to Improve the Mental Health of Children
[SEC. 5541. GRANTS FOR THE INTEGRATION OF SCHOOLS AND MENTAL HEALTH
SYSTEMS.
[(a) Authorization.--The Secretary is authorized to award
grants to, or enter into contracts or cooperative agreements
with, State educational agencies, local educational agencies,
or Indian tribes, for the purpose of increasing student access
to quality mental health care by developing innovative programs
to link local school systems with the local mental health
system.
[(b) Duration.--With respect to a grant, contract, or
cooperative agreement awarded or entered into under this
section, the period during which payments under such grant,
contract or agreement are made to the recipient may not exceed
5 years.
[(c) Use of Funds.--A State educational agency, local
educational agency, or Indian tribe that receives a grant,
contract, or cooperative agreement under this section shall use
amounts made available through such grant, contract, or
cooperative agreement for the following:
[(1) To enhance, improve, or develop collaborative
efforts between school-based service systems and mental
health service systems to provide, enhance, or improve
prevention, diagnosis, and treatment services to
students.
[(2) To enhance the availability of crisis
intervention services, appropriate referrals for
students potentially in need of mental health services,
and ongoing mental health services.
[(3) To provide training for the school personnel and
mental health professionals who will participate in the
program carried out under this section.
[(4) To provide technical assistance and consultation
to school systems and mental health agencies and
families participating in the program carried out under
this section.
[(5) To provide linguistically appropriate and
culturally competent services.
[(6) To evaluate the effectiveness of the program
carried out under this section in increasing student
access to quality mental health services, and make
recommendations to the Secretary about sustainability
of the program.
[(d) Applications.--To be eligible to receive a grant,
contract, or cooperative agreement under this section, a State
educational agency, local educational agency, or Indian tribe
shall submit an application to the Secretary at such time, in
such manner, and containing such information as the Secretary
may reasonably require. The application shall include each of
the following:
[(1) A description of the program to be funded under
the grant, contract, or cooperative agreement.
[(2) A description of how such program will increase
access to quality mental health services for students.
[(3) A description of how the applicant will
establish a crisis intervention program to provide
immediate mental health services to the school
community when necessary.
[(4) An assurance that--
[(A) persons providing services under the
grant, contract, or cooperative agreement are
adequately trained to provide such services;
[(B) the services will be provided in
accordance with subsection (c);
[(C) teachers, principal administrators, and
other school personnel are aware of the
program; and
[(D) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(5) An explanation of how the applicant will support
and integrate existing school-based services with the
program to provide appropriate mental health services
for students.
[(6) An explanation of how the applicant will
establish a program that will support students and the
school in maintaining an environment conducive to
learning.
[(e) Interagency Agreements.--
[(1) Designation of lead agency.--The recipient of
each grant, contract, or cooperative agreement shall
designate a lead agency to direct the establishment of
an interagency agreement among local educational
agencies, juvenile justice authorities, mental health
agencies, and other relevant entities in the State, in
collaboration with local entities and parents and
guardians of students.
[(2) Contents.--The interagency agreement shall
ensure the provision of the services described in
subsection (c), specifying with respect to each agency,
authority, or entity--
[(A) the financial responsibility for the
services;
[(B) the conditions and terms of
responsibility for the services, including
quality, accountability, and coordination of
the services; and
[(C) the conditions and terms of
reimbursement among the agencies, authorities,
or entities that are parties to the interagency
agreement, including procedures for dispute
resolution.
[(f) Evaluation.--The Secretary shall evaluate each program
carried out by a State educational agency, local educational
agency, or Indian tribe under this section and shall
disseminate the findings with respect to each such evaluation
to appropriate public and private entities.
[(g) Distribution of Awards.--The Secretary shall ensure that
grants, contracts, and cooperative agreements awarded or
entered into under this section are equitably distributed among
the geographical regions of the United States and among urban,
suburban, and rural populations.
[(h) Rule of Construction.--Nothing in Federal law shall be
construed--
[(1) to prohibit an entity involved with a program
carried out under this section from reporting a crime
that is committed by a student to appropriate
authorities; or
[(2) to prevent State law enforcement and judicial
authorities from exercising their responsibilities with
regard to the application of Federal and State law to
crimes committed by a student.
[(i) Supplement, Not Supplant.--Any services provided through
programs carried out under this section must supplement, and
not supplant, existing mental health services, including any
services required to be provided under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
[SEC. 5542. PROMOTION OF SCHOOL READINESS THROUGH EARLY CHILDHOOD
EMOTIONAL AND SOCIAL DEVELOPMENT.
[(a) Authorization.--The Secretary, in consultation with the
Secretary of Health and Human Services, may award grants (to be
known as ``Foundations for Learning Grants'') to local
educational agencies, local councils, community-based
organizations, and other public or nonprofit private entities
to assist eligible children to become ready for school.
[(b) Applications.--To be eligible to receive a grant under
this section, a local educational agency, local council,
community-based organization, or other public or nonprofit
private entity, or a combination of such entities, shall submit
an application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require. The application shall include each of the
following:
[(1) A description of the population that the
applicant intends to serve and the types of services to
be provided under the grant.
[(2) A description of the manner in which services
under the grant will be coordinated with existing
similar services provided by public and nonprofit
private entities within the State.
[(3) An assurance that--
[(A) services under the grant shall be
provided by or under the supervision of
qualified professionals with expertise in early
childhood development;
[(B) such services shall be culturally
competent;
[(C) such services shall be provided in
accordance with subsection (c);
[(D) funds received under this section shall
be used to supplement, and not supplant, non-
Federal funds; and
[(E) parents of students participating in
services under this section will be involved in
the design and implementation of the services.
[(c) Uses of Funds.--A local educational agency, local
council, community-based organization, or other public or
nonprofit private entity that receives funds under this section
may use such funds to benefit eligible children, for one or
more of the following:
[(1) To deliver services to eligible children and
their families that foster eligible children's
emotional, behavioral, and social development and take
into consideration the characteristics described in
subsection (f)(1).
[(2) To coordinate and facilitate access by eligible
children and their families to the services available
through community resources, including mental health,
physical health, substance abuse, educational, domestic
violence prevention, child welfare, and social
services.
[(3) To provide ancillary services such as
transportation or child care in order to facilitate the
delivery of any other services or activities authorized
by this section.
[(4) To develop or enhance early childhood community
partnerships and build toward a community system of
care that brings together child-serving agencies or
organizations to provide individualized supports for
eligible children and their families.
[(5) To evaluate the success of strategies and
services provided pursuant to this section in promoting
young children's successful entry to school and to
maintain data systems required for effective
evaluations.
[(6) To pay for the expenses of administering the
activities authorized under this section, including
assessment of children's eligibility for services.
[(d) Limitations.--
[(1) Services not otherwise funded.--A local
educational agency, local council, community-based
organization, or other public or nonprofit private
entity may use funds under this section only to pay for
services that cannot be paid for using other Federal,
State, or local public resources or through private
insurance.
[(2) Administrative expenses.--A grantee may not use
more than 3 percent of the amount of the grant to pay
the administrative expenses described in subsection
(c)(6).
[(e) Evaluations.--The Secretary shall directly evaluate, or
enter into a contract for an outside evaluation of, each
program carried out under this section and shall disseminate
the findings with respect to such evaluation to appropriate
public and private entities.
[(f) Definitions.--In this section:
[(1) Eligible child.--The term ``eligible child''
means a child who has not attained the age of 7 years,
and to whom two or more of the following
characteristics apply:
[(A) The child has been abused, maltreated,
or neglected.
[(B) The child has been exposed to violence.
[(C) The child has been homeless.
[(D) The child has been removed from child
care, Head Start, or preschool for behavioral
reasons or is at risk of being so removed.
[(E) The child has been exposed to parental
depression or other mental illness.
[(F) The family income with respect to the
child is below 200 percent of the poverty line.
[(G) The child has been exposed to parental
substance abuse.
[(H) The child has had early behavioral and
peer relationship problems.
[(I) The child had a low birth weight.
[(J) The child has a cognitive deficit or
developmental disability.
[(2) Local council.--The term ``local council'' means
a council that is established or designated by a local
government entity, Indian tribe, regional corporation,
or native Hawaiian entity, as appropriate, which is
composed of representatives of local agencies directly
affected by early learning programs, parents, key
community leaders, and other individuals concerned with
early learning issues in the locality, such as
elementary education, child care resource and referral
services, early learning opportunities, child care, and
health services.
[(3) Provider of early childhood services.--The term
``provider of early childhood services'' means a public
or private entity that has regular contact with young
children, including child welfare agencies, child care
providers, Head Start and Early Head Start providers,
preschools, kindergartens, libraries, mental health
professionals, family courts, homeless shelters, and
primary care providers.
[Subpart 15--Arts in Education
[SEC. 5551. ASSISTANCE FOR ARTS EDUCATION.
[(a) Purposes.--The purposes of this subpart are the
following:
[(1) To support systemic education reform by
strengthening arts education as an integral part of the
elementary school and secondary school curriculum.
[(2) To help ensure that all students meet
challenging State academic content standards and
challenging State student academic achievement
standards in the arts.
[(3) To support the national effort to enable all
students to demonstrate competence in the arts.
[(b) Authority.--The Secretary is authorized to make grants
to, or enter into contracts or cooperative agreements with,
eligible entities described in subsection (c).
[(c) Eligible Entities.--The Secretary may make assistance
available under subsection (b) to each of the following
eligible entities:
[(1) State educational agencies.
[(2) Local educational agencies.
[(3) Institutions of higher education.
[(4) Museums or other cultural institutions.
[(5) Any other public or private agencies,
institutions, or organizations.
[(d) Use of Funds.--Assistance made available under this
subpart may be used for any of the following:
[(1) Research on arts education.
[(2) Planning, developing, acquiring, expanding,
improving, or disseminating information about model
school-based arts education programs.
[(3) The development of model State arts education
assessments based on State academic achievement
standards.
[(4) The development and implementation of curriculum
frameworks for arts education.
[(5) The development of model inservice professional
development programs for arts educators and other
instructional staff.
[(6) Supporting collaborative activities with Federal
agencies or institutions involved in arts education,
arts educators, and organizations representing the
arts, including State and local arts agencies involved
in arts education.
[(7) Supporting model projects and programs in the
performing arts for children and youth through
arrangements made with the John F. Kennedy Center for
the Performing Arts.
[(8) Supporting model projects and programs by Very
Special Arts which assure the participation in
mainstream settings in arts and education programs of
individuals with disabilities.
[(9) Supporting model projects and programs to
integrate arts education into the regular elementary
school and secondary school curriculum.
[(10) Other activities that further the purposes of
this subpart.
[(e) Special Rule.--If the amount made available to the
Secretary to carry out this subpart for any fiscal year is
$15,000,000 or less, then such amount shall only be available
to carry out the activities described in paragraphs (7) and (8)
of subsection (d).
[(f) Conditions.--As conditions of receiving assistance made
available under this subpart, the Secretary shall require each
entity receiving such assistance--
[(1) to coordinate, to the extent practicable, each
project or program carried out with such assistance
with appropriate activities of public or private
cultural agencies, institutions, and organizations,
including museums, arts education associations,
libraries, and theaters; and
[(2) to use such assistance only to supplement, and
not to supplant, any other assistance or funds made
available from non-Federal sources for the activities
assisted under this subpart.
[(g) Consultation.--In carrying out this subpart, the
Secretary shall consult with Federal agencies or institutions,
arts educators (including professional arts education
associations), and organizations representing the arts
(including State and local arts agencies involved in arts
education).
[Subpart 16--Parental Assistance and Local Family Information Centers
[SEC. 5561. PURPOSES.
[The purposes of this subpart are the following:
[(1) To provide leadership, technical assistance, and
financial support to nonprofit organizations (including
statewide nonprofit organizations) and local
educational agencies to help the organizations and
agencies implement successful and effective parental
involvement policies, programs, and activities that
lead to improvements in student academic achievement.
[(2) To strengthen partnerships among parents
(including parents of children from birth through age
5), teachers, principals, administrators, and other
school personnel in meeting the educational needs of
children.
[(3) To develop and strengthen the relationship
between parents and their children's school.
[(4) To further the developmental progress of
children assisted under this subpart.
[(5) To coordinate activities funded under this
subpart with parental involvement initiatives funded
under section 1118 and other provisions of this Act.
[(6) To provide a comprehensive approach to improving
student learning, through coordination and integration
of Federal, State, and local services and programs.
[SEC. 5562. GRANTS AUTHORIZED.
[(a) Parental Information and Resource Centers.--The
Secretary is authorized to award grants in each fiscal year to
nonprofit organizations (including statewide nonprofit
organizations), and consortia of such organizations and local
educational agencies, to establish school-linked or school-
based parental information and resource centers that provide
comprehensive training, information, and support to--
[(1) parents of children enrolled in elementary
schools and secondary schools;
[(2) individuals who work with the parents of
children enrolled in elementary schools and secondary
schools;
[(3) State educational agencies, local educational
agencies, schools, organizations that support family-
school partnerships (such as parent-teacher
associations and Parents as Teachers organizations),
and other organizations that carry out parent education
and family involvement programs; and
[(4) parents of children from birth through age 5.
[(b) Geographic Distribution.--In awarding grants under this
subpart, the Secretary shall, to the extent practicable, ensure
that such grants are distributed in all geographic regions of
the United States.
[SEC. 5563. APPLICATIONS.
[(a) Submission.--Each nonprofit organization (including a
statewide nonprofit organization), or a consortia of such an
organization and a local educational agency, that desires a
grant under this subpart shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may require.
[(b) Contents.--Each application submitted under subsection
(a), at a minimum, shall include assurances that the
organization or consortium will--
[(1)(A) be governed by a board of directors the
membership of which includes parents; or
[(B) be an organization or consortium that represents
the interests of parents;
[(2) establish a special advisory committee the
membership of which includes--
[(A) parents of children enrolled in
elementary schools and secondary schools, who
shall constitute a majority of the members of
the special advisory committee;
[(B) representatives of education
professionals with expertise in improving
services for disadvantaged children; and
[(C) representatives of local elementary
schools and secondary schools, including
students and representatives from local youth
organizations;
[(3) use at least 50 percent of the funds received
under this subpart in each fiscal year to serve areas
with high concentrations of low-income families, in
order to serve parents who are severely educationally
or economically disadvantaged;
[(4) operate a center of sufficient size, scope, and
quality to ensure that the center is adequate to serve
the parents in the area;
[(5) serve both urban and rural areas;
[(6) design a center that meets the unique training,
information, and support needs of parents of children
enrolled in elementary schools and secondary schools,
particularly such parents who are educationally or
economically disadvantaged;
[(7) demonstrate the capacity and expertise to
conduct the effective training, information, and
support activities for which assistance is sought;
[(8) network with--
[(A) local educational agencies and schools;
[(B) parents of children enrolled in
elementary schools and secondary schools;
[(C) parent training and information centers
assisted under section 671 of the Individuals
with Disabilities Education Act;
[(D) clearinghouses; and
[(E) other organizations and agencies;
[(9) focus on serving parents of children enrolled in
elementary schools and secondary schools who are
parents of low-income, minority, and limited English
proficient children;
[(10) use at least 30 percent of the funds received
under this subpart in each fiscal year to establish,
expand, or operate Parents as Teachers programs, Home
Instruction for Preschool Youngsters programs, or other
early childhood parent education programs;
[(11) provide assistance to parents in areas such as
understanding State and local standards and measures of
student and school academic achievement;
[(12) work with State educational agencies and local
educational agencies to determine parental needs and
the best means for delivery of services;
[(13) identify and coordinate Federal, State, and
local services and programs that support improved
student learning, including programs supported under
this Act, violence prevention programs, nutrition
programs, housing programs, Head Start programs, adult
education, and job training; and
[(14) work with and foster partnerships with other
agencies that provide programs and deliver services
described in paragraph (13) to make such programs and
services more accessible to children and families.
[SEC. 5564. USES OF FUNDS.
[(a) In General.--Grant funds received under this subpart
shall be used for one or more of the following:
[(1) To assist parents in participating effectively
in their children's education and to help their
children meet State and local standards, such as
assisting parents--
[(A) to engage in activities that will
improve student academic achievement, including
understanding the accountability systems in
place within their State educational agency and
local educational agency and understanding
their children's educational academic
achievement in comparison to State and local
standards;
[(B) to provide follow-up support for their
children's educational achievement;
[(C) to communicate effectively with
teachers, principals, counselors,
administrators, and other school personnel;
[(D) to become active participants in the
development, implementation, and review of
school-parent compacts, parent involvement
policies, and school planning and improvement;
[(E) to participate in the design and
provision of assistance to students who are not
making adequate academic progress;
[(F) to participate in State and local
decisionmaking; and
[(G) to train other parents (such as training
related to Parents as Teachers activities).
[(2) To obtain information about the range of
options, programs, services, and resources available at
the national, State, and local levels to assist parents
and school personnel who work with parents.
[(3) To help the parents learn and use the technology
applied in their children's education.
[(4) To plan, implement, and fund activities for
parents that coordinate the education of their children
with other Federal, State, and local services and
programs that serve their children or their families.
[(5) To provide support for State or local
educational personnel, if the participation of such
personnel will further the activities assisted under
the grant.
[(6) To coordinate and integrate early childhood
programs with school-age programs.
[(b) Permissive Activities.--Grant funds received under this
subpart may be used to assist schools with activities including
one or more of the following:
[(1) Developing and implementing the schools' plans
or activities under sections 1118 and 1119.
[(2) Developing and implementing school improvement
plans, including addressing problems that develop in
the implementation of the schools' plans or activities
under sections 1118 and 1119.
[(3) Providing information about assessment and
individual results to parents in a manner and a
language the family can understand.
[(4) Coordinating the efforts of Federal, State, and
local parent education and family involvement
initiatives.
[(5) Providing training, information, and support
to--
[(A) State educational agencies;
[(B) local educational agencies and schools,
especially low-performing local educational
agencies and schools; and
[(C) organizations that support family-school
partnerships.
[SEC. 5565. ADMINISTRATIVE PROVISIONS.
[(a) Matching Funds for Grant Renewal.--For each fiscal year
after the first fiscal year in which an organization or
consortium receives assistance under this subpart, the
organization or consortium shall demonstrate in the application
submitted for such fiscal year, that a portion of the services
provided by the organization or consortium is supported through
non-Federal contributions, which contributions may be in cash
or in kind.
[(b) Submission of Information.--
[(1) In general.--Each organization or consortium
receiving assistance under this subpart shall submit to
the Secretary, on an annual basis, information
concerning the parental information and resource
centers assisted under this subpart, including the
following information:
[(A) The number of parents (including the
number of minority and limited English
proficient parents) who receive information and
training.
[(B) The types and modes of training,
information, and support provided under this
subpart.
[(C) The strategies used to reach and serve
parents of minority and limited English
proficient children, parents with limited
literacy skills, and other parents in need of
the services provided under this subpart.
[(D) The parental involvement policies and
practices used by the center and an evaluation
of whether such policies and practices are
effective in improving home-school
communication, student academic achievement,
student and school academic achievement, and
parental involvement in school planning,
review, and improvement.
[(E) The effectiveness of the activities that
local educational agencies and schools are
carrying out, with regard to parental
involvement and other activities assisted under
this Act, that lead to improved student
academic achievement and improved student and
school academic achievement.
[(2) Dissemination.--The Secretary shall disseminate
annually to Congress and the public the information
that each organization or consortium submits under
paragraph (1).
[(c) Technical Assistance.--The Secretary shall provide
technical assistance, by grant or contract, for the
establishment, development, and coordination of parent
training, information, and support programs and parental
information and resource centers.
[(d) Rule of Construction.--Nothing in this subpart shall be
construed to prohibit a parental information and resource
center from--
[(1) having its employees or agents meet with a
parent at a site that is not on school grounds; or
[(2) working with another agency that serves
children.
[(e) Parental Rights.--Notwithstanding any other provision of
this subpart--
[(1) no person (including a parent who educates a
child at home, a public school parent, or a private
school parent) shall be required to participate in any
program of parent education or developmental screening
under this subpart; and
[(2) no program or center assisted under this subpart
shall take any action that infringes in any manner on
the right of a parent to direct the education of their
children.
[(f) Continuation of Awards.--The Secretary shall use funds
made available under this subpart to continue to make grant or
contract payments to each entity that was awarded a multiyear
grant or contract under title IV of the Goals 2000: Educate
America Act (as such title was in effect on the day before the
date of enactment of the No Child Left Behind Act of 2001) for
the duration of the grant or contract award.
[SEC. 5566. LOCAL FAMILY INFORMATION CENTERS.
[(a) In General.--If the amount made available to carry out
this subpart for a fiscal year is more than $50,000,000, the
Secretary is authorized to award 50 percent of the amount that
exceeds $50,000,000 as grants to, and enter into contracts and
cooperative agreements with, local nonprofit parent
organizations to enable the organizations to support local
family information centers that help ensure that parents of
students in elementary schools and secondary schools assisted
under this subpart have the training, information, and support
the parents need to enable the parents to participate
effectively in their children's early childhood education, in
their children's elementary and secondary education, and in
helping their children to meet challenging State academic
content and student academic achievement standards.
[(b) Local Nonprofit Parent Organization Defined.--In this
section, the term ``local nonprofit parent organization'' means
a private nonprofit organization (other than an institution of
higher education) that--
[(1) has a demonstrated record of working with low-
income individuals and parents;
[(2)(A) has a board of directors, the majority of
whom are parents of students in elementary schools and
secondary schools assisted under part A of title I and
located in the geographic area to be served by a local
family information center; or
[(B) has a special governing committee to direct and
implement a local family information center, a majority
of the members of whom are parents of students in
schools assisted under part A of title I; and
[(3) is located in a community with elementary
schools and secondary schools that receive funds under
part A of title I, and is accessible to the families of
students in those schools.
[Subpart 17--Combatting Domestic Violence
[SEC. 5571. GRANTS TO COMBAT THE IMPACT OF EXPERIENCING OR WITNESSING
DOMESTIC VIOLENCE ON ELEMENTARY AND SECONDARY
SCHOOL CHILDREN.
[(a) Definitions.--In this section:
[(1) Domestic violence.--The term ``domestic
violence'' has the meaning given that term in section
2003 of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796gg-2).
[(2) Expert.--The term ``expert'' means--
[(A) an expert on domestic violence, sexual
assault, and child abuse from the educational,
legal, youth, mental health, substance abuse,
or victim advocacy field; and
[(B) a State or local domestic violence
coalition or community-based youth
organization.
[(3) Witness domestic violence.--
[(A) In general.--The term ``witness domestic
violence'' means to witness--
[(i) an act of domestic violence that
constitutes actual or attempted
physical assault; or
[(ii) a threat or other action that
places the victim in fear of domestic
violence.
[(B) Witness.--In subparagraph (A), the term
``witness'' means--
[(i) to directly observe an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action; or
[(ii) to be within earshot of an act,
threat, or action described in
subparagraph (A), or the aftermath of
that act, threat, or action.
[(b) Grants Authorized.--
[(1) Authority.--The Secretary is authorized to award
grants to local educational agencies that work with
experts to enable the elementary schools and secondary
schools served by the local educational agency--
[(A) to provide training to school
administrators, faculty, and staff, with
respect to issues concerning children who
experience domestic violence in dating
relationships or who witness domestic violence,
and the impact of the violence on the children;
[(B) to provide educational programming for
students regarding domestic violence and the
impact of experiencing or witnessing domestic
violence on children;
[(C) to provide support services for students
and school personnel to develop and strengthen
effective prevention and intervention
strategies with respect to issues concerning
children who experience domestic violence in
dating relationships or who witness domestic
violence, and the impact of the violence on the
children; and
[(D) to develop and implement school system
policies regarding appropriate and safe
responses to, identification of, and referral
procedures for, students who are experiencing
or witnessing domestic violence.
[(2) Award basis.--The Secretary is authorized to
award grants under this section--
[(A) on a competitive basis; and
[(B) in a manner that ensures that such
grants are equitably distributed among local
educational agencies located in rural, urban,
and suburban areas.
[(3) Policy dissemination.--The Secretary shall
disseminate to local educational agencies any
Department policy guidance regarding the prevention of
domestic violence and the impact on children of
experiencing or witnessing domestic violence.
[(c) Uses of Funds.--Funds made available to carry out this
subpart may be used for one or more of the following purposes:
[(1) To provide training for elementary school and
secondary school administrators, faculty, and staff
that addresses issues concerning elementary school and
secondary school students who experience domestic
violence in dating relationships or who witness
domestic violence, and the impact of such violence on
those students.
[(2) To provide education programs for elementary
school and secondary school students that are
developmentally appropriate for the students' grade
levels and are designed to meet any unique cultural and
language needs of the particular student populations.
[(3) To develop and implement elementary school and
secondary school system policies regarding--
[(A) appropriate and safe responses to,
identification of, and referral procedures for,
students who are experiencing or witnessing
domestic violence; and
[(B) to develop and implement policies on
reporting and referral procedures for those
students.
[(4) To provide the necessary human resources to
respond to the needs of elementary school and secondary
school students and personnel who are faced with the
issue of domestic violence, such as a resource person
who is either on-site or on-call and who is an expert.
[(5) To provide media center materials and
educational materials to elementary schools and
secondary schools that address issues concerning
children who experience domestic violence in dating
relationships or who witness domestic violence, and the
impact of the violence on those children.
[(6) To conduct evaluations to assess the impact of
programs and policies assisted under this subpart in
order to enhance the development of the programs.
[(d) Confidentiality.--Policies, programs, training
materials, and evaluations developed and implemented under
subsection (c) shall address issues of safety and
confidentiality for the victim and the victim's family in a
manner consistent with applicable Federal and State laws.
[(e) Application.--To be eligible for a grant under this
section for a fiscal year, a local educational agency, in
consultation with an expert, shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require. The application shall
include each of the following:
[(1) A description of the need for funds provided
under the grant and the plan for implementation of any
of the activities described in subsection (c).
[(2) A description of how the experts will work in
consultation and collaboration with the local
educational agency.
[(3) Measurable objectives for, and expected results
from, the use of the funds provided under the grant.
[(4) Provisions for appropriate remuneration for
collaborating partners.
[Subpart 18--Healthy, High-Performance Schools
[SEC. 5581. GRANT PROGRAM AUTHORIZED.
[The Secretary, in consultation with the Secretary of Energy
and the Administrator of the Environmental Protection Agency,
is authorized to award grants to State educational agencies to
permit such State educational agencies to carry out section
5582.
[SEC. 5582. STATE USES OF FUNDS.
[(a) Subgrants.--
[(1) In general.--A State educational agency
receiving a grant under this subpart shall use funds
made available under the grant to award subgrants to
local educational agencies to permit such local
educational agencies to carry out the activities
described in section 5583.
[(2) Limitation.--A State educational agency shall
award subgrants under this subsection to local
educational agencies that are the neediest, as
determined by the State, and that have made a
commitment to develop healthy, high-performance school
buildings in accordance with the plan developed and
approved under paragraph (3)(A).
[(3) Implementation.--
[(A) Plans.--A State educational agency shall
award subgrants under this subsection only to
local educational agencies that, in
consultation with the State educational agency
and State agencies with responsibilities
relating to energy and health, have developed
plans that the State educational agency
determines to be feasible and appropriate in
order to achieve the purposes for which the
subgrants are made.
[(B) Supplementing grant funds.--The State
educational agency shall encourage local
educational agencies that receive subgrants
under this subsection to supplement their
subgrant funds with funds from other sources in
order to implement their plans.
[(b) Administration.--A State educational agency receiving a
grant under this subpart shall use the grant funds made
available under this subpart for one or more of the following:
[(1) To evaluate compliance by local educational
agencies with the requirements of this subpart.
[(2) To distribute information and materials on
healthy, high-performance school buildings for both new
and existing facilities.
[(3) To organize and conduct programs for school
board members, school district personnel, and others to
disseminate information on healthy, high-performance
school buildings.
[(4) To provide technical services and assistance in
planning and designing healthy, high-performance school
buildings.
[(5) To collect and monitor information pertaining to
healthy, high-performance school building projects.
[SEC. 5583. LOCAL USES OF FUNDS.
[(a) In General.--A local educational agency that receives a
subgrant under section 5582(a) shall use the subgrant funds to
plan and prepare for healthy, high-performance school building
projects that--
[(1) reduce energy use to at least 30 percent below
that of a school constructed in compliance with
standards prescribed in chapter 8 of the 2000
International Energy Conservation Code, or a similar
State code intended to achieve substantially equivalent
results;
[(2) meet Federal and State health and safety codes;
and
[(3) support healthful, energy efficient, and
environmentally sound practices.
[(b) Use of Funds.--A local educational agency that receives
a subgrant under section 5582(a) shall use funds for one or
more of the following:
[(1) To develop a comprehensive energy audit of the
energy consumption characteristics of a building and
the need for additional energy conservation measures
necessary to allow schools to meet the guidelines set
out in subsection (a).
[(2) To produce a comprehensive analysis of building
strategies, designs, materials, and equipment that--
[(A) are cost effective, produce greater
energy efficiency, and enhance indoor air
quality; and
[(B) can be used when conducting school
construction and renovation or purchasing
materials and equipment.
[(3) To obtain research and provide technical
services and assistance in planning and designing
healthy, high-performance school buildings, including
developing a timeline for implementation of such plans.
[SEC. 5584. REPORT TO CONGRESS.
[The Secretary shall conduct a biennial review of State
actions implementing this subpart and carrying out the plans
developed under this subpart through State and local funding,
and shall submit a report to Congress on the results of such
reviews.
[SEC. 5585. LIMITATIONS.
[No funds received under this subpart may be used for any of
the following:
[(1) Payment of maintenance of costs in connection
with any projects constructed in whole or in part with
Federal funds provided under this subpart.
[(2) Construction, renovation, or repair of school
facilities.
[(3) Construction, renovation, repair, or acquisition
of a stadium or other facility primarily used for
athletic contests or exhibitions, or other events for
which admission is charged to the general public.
[SEC. 5586. HEALTHY, HIGH-PERFORMANCE SCHOOL BUILDING DEFINED.
[In this subpart, the term ``healthy, high-performance school
building'' means a school building in which the design,
construction, operation, and maintenance--
[(1) use energy-efficient and affordable practices
and materials;
[(2) are cost-effective;
[(3) enhance indoor air quality; and
[(4) protect and conserve water.
[Subpart 19--Grants for Capital Expenses of Providing Equitable
Services for Private School Students
[SEC. 5591. GRANT PROGRAM AUTHORIZED.
[The Secretary is authorized to award grants to State
educational agencies, from allotments made under section 5593,
to enable the State educational agencies to award subgrants to
local educational agencies to pay for capital expenses in
accordance with this subpart.
[SEC. 5592. USES OF FUNDS.
[A local educational agency that receives a subgrant under
this subpart shall use the subgrant funds only to pay for
capital expenses incurred in providing equitable services for
private school students under section 1120.
[SEC. 5593. ALLOTMENTS TO STATES.
[From the funds made available to carry out this subpart for
a fiscal year, the Secretary shall allot to each State an
amount that bears the same ratio to the funds made available as
the number of private school students who received services
under part A of title I in the State in the most recent year
for which data, satisfactory to the Secretary, are available
bears to the number of such students in all States in such
year.
[SEC. 5594. SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.
[(a) Applications.--A local educational agency that desires
to receive a subgrant under this subpart shall submit an
application to the State educational agency involved at such
time, in such manner, and containing such information as the
State educational agency may require.
[(b) Distribution.--A State educational agency shall award
subgrants to local educational agencies within the State based
on the degree of need set forth in their respective
applications submitted under subsection (a).
[SEC. 5595. CAPITAL EXPENSES DEFINED.
[In this subpart, the term ``capital expenses'' means--
[(1) expenditures for noninstructional goods and
services, such as the purchase, lease, or renovation of
real and personal property, including mobile
educational units and leasing of neutral sites or
spaces;
[(2) insurance and maintenance costs;
[(3) transportation; and
[(4) other comparable goods and services.
[SEC. 5596. TERMINATION.
[The authority provided by this subpart terminates effective
October 1, 2003.
[Subpart 20--Additional Assistance for Certain Local Educational
Agencies Impacted by Federal Property Acquisition
[SEC. 5601. RESERVATION.
[The Secretary is authorized to provide additional assistance
to meet special circumstances relating to the provision of
education in local educational agencies eligible to receive
assistance under section 8002.
[SEC. 5602. ELIGIBILITY.
[A local educational agency is eligible to receive additional
assistance under this subpart only if such agency--
[(1) received a payment under both section 8002 and
section 8003(b) for fiscal year 1996 and is eligible to
receive payments under those sections for the year of
application;
[(2) provided a free public education to children
described under subparagraph (A), (B), or (D) of
section 8003(a)(1);
[(3) had a military installation located within the
geographic boundaries of the local educational agency
that was closed as a result of base closure or
realignment and, at the time at which the agency is
applying for a payment under this subpart, the agency
does not have a military installation located within
its geographic boundaries;
[(4) remains responsible for the free public
education of children residing in housing located on
Federal property within the boundaries of the closed
military installation but whose parents are on active
duty in the uniformed services and assigned to a
military activity located within the boundaries of an
adjoining local educational agency; and
[(5) demonstrates to the satisfaction of the
Secretary that such agency's per-pupil revenue derived
from local sources for current expenditures is not less
than that revenue for the preceding fiscal year.
[SEC. 5603. MAXIMUM AMOUNT.
[(a) Maximum Amount.--The maximum amount that a local
educational agency is eligible to receive under this subpart
for any fiscal year, when combined with its payment under
section 8002(b), shall not be more than 50 percent of the
maximum amount determined under section 8002(b).
[(b) Insufficient Funds.--If funds appropriated under section
5401 are insufficient to pay the amount determined under
subsection (a), the Secretary shall ratably reduce the payment
to each local educational agency eligible under this subpart.
[(c) Excess Funds.--If funds appropriated under section 5401
are in excess of the amount determined under subsection (a),
the Secretary shall ratably distribute any excess funds to all
local educational agencies eligible for payment under section
8002(b).
[Subpart 21--Women's Educational Equity Act
[SEC. 5611. SHORT TITLE AND FINDINGS.
[(a) Short Title.--This subpart may be cited as the ``Women's
Educational Equity Act of 2001''.
[(b) Findings.--Congress finds that--
[(1) since the enactment of title IX of the Education
Amendments of 1972, women and girls have made strides
in educational achievement and in their ability to
avail themselves of educational opportunities;
[(2) because of funding provided under the Women's
Educational Equity Act of 2001, more curricula,
training, and other educational materials concerning
educational equity for women and girls are available
for national dissemination;
[(3) teaching and learning practices in the United
States are frequently inequitable as such practices
relate to women and girls, for example--
[(A) sexual harassment, particularly that
experienced by girls, undermines the ability of
schools to provide a safe and equitable
learning or workplace environment;
[(B) classroom textbooks and other
educational materials do not sufficiently
reflect the experiences, achievements, or
concerns of women and, in most cases, are not
written by women or persons of color;
[(C) girls do not take as many mathematics
and science courses as boys, girls lose
confidence in their mathematics and science
ability as girls move through adolescence, and
there are few women role models in the
sciences; and
[(D) pregnant and parenting teenagers are at
high risk for dropping out of school and
existing dropout prevention programs do not
adequately address the needs of such teenagers;
[(4) efforts to improve the quality of public
education also must include efforts to ensure equal
access to quality education programs for all women and
girls;
[(5) Federal support should address not only research
and development of innovative model curricula and
teaching and learning strategies to promote gender
equity, but should also assist schools and local
communities implement gender equitable practices;
[(6) Federal assistance for gender equity must be
tied to systemic reform, involve collaborative efforts
to implement effective gender practices at the local
level, and encourage parental participation; and
[(7) excellence in education, high educational
achievements and standards, and the full participation
of women and girls in American society, cannot be
achieved without educational equity for women and
girls.
[SEC. 5612. STATEMENT OF PURPOSE.
[It is the purpose of this subpart--
[(1) to promote gender equity in education in the
United States;
[(2) to provide financial assistance to enable
educational agencies and institutions to meet the
requirements of title IX of the Educational Amendments
of 1972; and
[(3) to promote equity in education for women and
girls who suffer from multiple forms of discrimination
based on sex, race, ethnic origin, limited English
proficiency, disability, or age.
[SEC. 5613. PROGRAMS AUTHORIZED.
[(a) In General.--The Secretary is authorized--
[(1) to promote, coordinate, and evaluate gender
equity policies, programs, activities, and initiatives
in all Federal education programs and offices;
[(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education
equity for women and girls;
[(3) to provide information and technical assistance
to assure the effective implementation of gender equity
programs;
[(4) to coordinate gender equity programs and
activities with other Federal agencies with
jurisdiction over education and related programs;
[(5) to assist the Director of the Institute of
Education Sciences in identifying research priorities
related to education equity for women and girls; and
[(6) to perform any other activities consistent with
achieving the purposes of this subpart.
[(b) Grants Authorized.--
[(1) In general.--The Secretary is authorized to
award grants to, and enter into contracts and
cooperative agreements with, public agencies, private
nonprofit agencies, organizations, institutions,
student groups, community groups, and individuals, for
a period not to exceed 4 years, to--
[(A) provide grants to develop model equity
programs; and
[(B) provide funds for the implementation of
equity programs in schools throughout the
Nation.
[(2) Support and technical assistance.--To achieve
the purposes of this subpart, the Secretary is
authorized to provide support and technical
assistance--
[(A) to implement effective gender-equity
policies and programs at all educational
levels, including--
[(i) assisting educational agencies
and institutions to implement policies
and practices to comply with title IX
of the Education Amendments of 1972;
[(ii) training for teachers,
counselors, administrators, and other
school personnel, especially preschool
and elementary school personnel, in
gender equitable teaching and learning
practices;
[(iii) leadership training for women
and girls to develop professional and
marketable skills to compete in the
global marketplace, improve self-
esteem, and benefit from exposure to
positive role models;
[(iv) school-to-work transition
programs, guidance and counseling
activities, and other programs to
increase opportunities for women and
girls to enter a technologically
demanding workplace and, in particular,
to enter highly skilled, high paying
careers in which women and girls have
been underrepresented;
[(v) enhancing educational and career
opportunities for those women and girls
who suffer multiple forms of
discrimination, based on sex, and on
race, ethnic origin, limited English
proficiency, disability, socioeconomic
status, or age;
[(vi) assisting pregnant students and
students rearing children to remain in
or to return to secondary school,
graduate, and prepare their preschool
children to start school;
[(vii) evaluating exemplary model
programs to assess the ability of such
programs to advance educational equity
for women and girls;
[(viii) introduction into the
classroom of textbooks, curricula, and
other materials designed to achieve
equity for women and girls;
[(ix) programs and policies to
address sexual harassment and violence
against women and girls and to ensure
that educational institutions are free
from threats to the safety of students
and personnel;
[(x) nondiscriminatory tests of
aptitude and achievement and of
alternative assessments that eliminate
biased assessment instruments from use;
[(xi) programs to increase
educational opportunities, including
higher education, vocational training,
and other educational programs for low-
income women, including underemployed
and unemployed women, and women
receiving assistance under a State
program funded under part A of title IV
of the Social Security Act;
[(xii) programs to improve
representation of women in educational
administration at all levels; and
[(xiii) planning, development, and
initial implementation of--
[(I) comprehensive
institutionwide or districtwide
evaluation to assess the
presence or absence of gender
equity in educational settings;
[(II) comprehensive plans for
implementation of equity
programs in State educational
agencies and local educational
agencies and institutions of
higher education, including
community colleges; and
[(III) innovative approaches
to school-community
partnerships for educational
equity; and
[(B) for research and development, which
shall be coordinated with each of the National
Education Centers of the Institute of Education
Sciences to avoid duplication of research
efforts, designed to advance gender equity
nationwide and to help make policies and
practices in educational agencies and
institutions, and local communities, gender
equitable, including--
[(i) research and development of
innovative strategies and model
training programs for teachers and
other education personnel;
[(ii) the development of high-quality
and challenging assessment instruments
that are nondiscriminatory;
[(iii) the development and evaluation
of model curricula, textbooks,
software, and other educational
materials to ensure the absence of
gender stereotyping and bias;
[(iv) the development of instruments
and procedures that employ new and
innovative strategies to assess whether
diverse educational settings are gender
equitable;
[(v) the development of instruments
and strategies for evaluation,
dissemination, and replication of
promising or exemplary programs
designed to assist local educational
agencies in integrating gender equity
in their educational policies and
practices;
[(vi) updating high-quality
educational materials previously
developed through awards made under
this subpart;
[(vii) the development of policies
and programs to address and prevent
sexual harassment and violence to
ensure that educational institutions
are free from threats to safety of
students and personnel;
[(viii) the development and
improvement of programs and activities
to increase opportunity for women,
including continuing educational
activities, vocational education, and
programs for low-income women,
including underemployed and unemployed
women, and women receiving assistance
under the State program funded under
part A of title IV of the Social
Security Act; and
[(ix) the development of guidance and
counseling activities, including career
education programs, designed to ensure
gender equity.
[SEC. 5614. APPLICATIONS.
[An application under this subpart shall--
[(1) set forth policies and procedures that will
ensure a comprehensive evaluation of the activities
assisted under this subpart, including an evaluation of
the practices, policies, and materials used by the
applicant and an evaluation or estimate of the
continued significance of the work of the project
following completion of the award period;
[(2) demonstrate how the applicant will address
perceptions of gender roles based on cultural
differences or stereotypes;
[(3) for applications for assistance under section
5613(b)(1), demonstrate how the applicant will foster
partnerships and, where applicable, share resources
with State educational agencies, local educational
agencies, institutions of higher education, community-
based organizations (including organizations serving
women), parent, teacher, and student groups,
businesses, or other recipients of Federal educational
funding which may include State literacy resource
centers;
[(4) for applications for assistance under section
5613(b)(1), demonstrate how parental involvement in the
project will be encouraged; and
[(5) for applications for assistance under section
5613(b)(1), describe plans for continuation of the
activities assisted under this subpart with local
support following completion of the grant period and
termination of Federal support under this subpart.
[SEC. 5615. CRITERIA AND PRIORITIES.
[(a) Criteria and Priorities.--
[(1) In general.--The Secretary shall establish
separate criteria and priorities for awards under
paragraphs (1) and (2) of section 5613(b) to ensure
that funds under this subpart are used for programs
that most effectively will achieve the purposes of this
subpart.
[(2) Criteria.--The criteria described in paragraph
(1) may include the extent to which the activities
assisted under this subpart--
[(A) address the needs of women and girls of
color and women and girls with disabilities;
[(B) meet locally defined and documented
educational equity needs and priorities,
including compliance with title IX of the
Education Amendments of 1972;
[(C) are a significant component of a
comprehensive plan for educational equity and
compliance with title IX of the Education
Amendments of 1972 in the particular school
district, institution of higher education,
vocational-technical institution, or other
educational agency or institution; and
[(D) implement an institutional change
strategy with long-term impact that will
continue as a central activity of the applicant
after the grant under this subpart has
terminated.
[(b) Priorities.--In awarding grants under this subpart, the
Secretary may give special consideration to applications--
[(1) submitted by applicants that have not received
assistance under this subpart or this subpart's
predecessor authorities;
[(2) for projects that will contribute significantly
to directly improving teaching and learning practices
in the local community; and
[(3) for projects that will--
[(A) provide for a comprehensive approach to
enhancing gender equity in educational
institutions and agencies;
[(B) draw on a variety of resources,
including the resources of local educational
agencies, community-based organizations,
institutions of higher education, and private
organizations;
[(C) implement a strategy with long-term
impact that will continue as a central activity
of the applicant after the grant under this
subpart has terminated;
[(D) address issues of national significance
that can be duplicated; and
[(E) address the educational needs of women
and girls who suffer multiple or compound
discrimination based on sex and on race, ethnic
origin, disability, or age.
[(c) Special Rule.--To the extent feasible, the Secretary
shall ensure that grants awarded under this subpart for each
fiscal year address--
[(1) all levels of education, including preschool,
elementary and secondary education, higher education,
vocational education, and adult education;
[(2) all regions of the United States; and
[(3) urban, rural, and suburban educational
institutions.
[(d) Coordination.--Research activities supported under this
subpart--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by the
Institute; and
[(2) may include collaborative research activities
which are jointly funded and carried out with the
Institute of Education Sciences.
[(e) Limitation.--Nothing in this subpart shall be construed
as prohibiting men and boys from participating in any programs
or activities assisted with funds under this subpart.
[SEC. 5616. REPORT.
[Not later than January 1, 2006, the Secretary shall submit
to the President and Congress a report on the status of
educational equity for girls and women in the Nation.
[SEC. 5617. ADMINISTRATION.
[(a) Evaluation and Dissemination.--Not later than January 1,
2005, the Secretary shall evaluate and disseminate materials
and programs developed under this subpart and shall report to
Congress regarding such evaluation materials and programs.
[(b) Program Operations.--The Secretary shall ensure that the
activities assisted under this subpart are administered within
the Department by a person who has recognized professional
qualifications and experience in the field of gender equity
education.
[SEC. 5618. AMOUNT.
[From amounts made available to carry out this subpart for a
fiscal year, not less than two-thirds of such amount shall be
used to carry out the activities described in section
5613(b)(1).]
TITLE V--GENERAL PROVISIONS
PART A--DEFINITIONS
SEC. 5101. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Average daily attendance.--
(A) In general.--Except as provided otherwise
by State law or this paragraph, the term
``average daily attendance'' means--
(i) the aggregate number of days of
attendance of all students during a
school year; divided by
(ii) the number of days school is in
session during that year.
(B) Conversion.--The Secretary shall permit
the conversion of average daily membership (or
other similar data) to average daily attendance
for local educational agencies in States that
provide State aid to local educational agencies
on the basis of average daily membership (or
other similar data).
(C) Special rule.--If the local educational
agency in which a child resides makes a tuition
or other payment for the free public education
of the child in a school located in another
school district, the Secretary shall, for the
purpose of this Act--
(i) consider the child to be in
attendance at a school of the agency
making the payment; and
(ii) not consider the child to be in
attendance at a school of the agency
receiving the payment.
(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a
private school or to a public school of another
local educational agency for a child with a
disability, as defined in section 602 of the
Individuals with Disabilities Education Act,
the Secretary shall, for the purpose of this
Act, consider the child to be in attendance at
a school of the agency making the payment.
(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
(A) without regard to the source of funds--
(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States,
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
(ii) any direct current expenditures
by the State for the operation of those
agencies; divided by
(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year.
(3) Charter school.--The term ``charter school''
means a public school that--
(A) in accordance with a specific State
statute authorizing the granting of charters to
schools, is exempt from significant State or
local rules that inhibit the flexible operation
and management of public schools, but not from
any rules relating to the other requirements of
this paragraph;
(B) is created by a developer as a public
school, or is adapted by a developer from an
existing public school, and is operated under
public supervision and direction;
(C) operates in pursuit of a specific set of
educational objectives determined by the
school's developer and agreed to by the
authorized public chartering agency;
(D) provides a program of elementary or
secondary education, or both;
(E) is nonsectarian in its programs,
admissions policies, employment practices, and
all other operations;
(F) does not charge tuition;
(G) complies with the Age Discrimination Act
of 1975, title VI of the Civil Rights Act of
1964, title IX of the Education Amendments of
1972, section 504 of the Rehabilitation Act of
1973, and part B of the Individuals with
Disabilities Education Act;
(H) is a school to which parents choose to
send their children, and that admits students
on the basis of a lottery, if more students
apply for admission than can be accommodated;
(I) agrees to comply with the same Federal
and State audit requirements as do other
elementary schools and secondary schools in the
State, unless such requirements are
specifically waived for the purpose of this
program;
(J) meets all applicable Federal, State, and
local health and safety requirements;
(K) operates in accordance with State law;
(L) has a written performance contract with
the authorized public chartering agency in the
State that includes a description of how
student performance will be measured in charter
schools pursuant to State assessments that are
required of other schools and pursuant to any
other assessments mutually agreeable to the
authorized public chartering agency and the
charter school; and
(M) may serve pre-kindergarten or
postsecondary school students.
(4) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
(5) Child with a disability.--The term ``child with a
disability'' has the same meaning given that term in
section 602 of the Individuals with Disabilities
Education Act.
(6) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
(A) is representative of a community or
significant segments of a community; and
(B) provides educational or related services
to individuals in the community.
(7) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 5305.
(8) Consolidated local plan.--The term ``consolidated
local plan'' means a plan submitted by a local
educational agency pursuant to section 5305.
(9) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 5302.
(10) Consolidated state plan.--The term
``consolidated State plan'' means a plan submitted by a
State educational agency pursuant to section 5302.
(11) Core academic subjects.--The term ``core
academic subjects'' means English, reading or language
arts, mathematics, science, foreign languages, civics
and government, economics, arts, history, and
geography.
(12) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
(13) Covered program.--The term ``covered program''
means each of the programs authorized by--
(A) part A of title I;
(B) title II; and
(C) title III.
(14) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education--
(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I.
(15) Department.--The term ``Department'' means the
Department of Education.
(16) Direct student services.--The term ``direct
student services'' means public school choice or high-
quality academic tutoring that are designed to help
increase academic achievement for students.
(17) Distance education.--The term ``distance
education'' means the use of one or more technologies
to deliver instruction to students who are separated
from the instructor and to support regular and
substantive interaction between the students and the
instructor synchronously or nonsynchronously.
(18) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
(19) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
(20) English learner.--The term ``English learner'',
when used with respect to an individual, means an
individual--
(A) who is aged 3 through 21;
(B) who is enrolled or preparing to enroll in
an elementary school or secondary school;
(C)(i) who was not born in the United States
or whose native language is a language other
than English;
(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying
areas; and
(II) who comes from an environment where a
language other than English has had a
significant impact on the individual's level of
English language proficiency; or
(iii) who is migratory, whose native language
is a language other than English, and who comes
from an environment where a language other than
English is dominant; and
(D) whose difficulties in speaking, reading,
writing, or understanding the English language
may be sufficient to deny the individual--
(i) the ability to meet the State's
academic standards described in section
1111;
(ii) the ability to successfully
achieve in classrooms where the
language of instruction is English; or
(iii) the opportunity to participate
fully in society.
(21) Extended-year adjusted cohort graduation rate.--
(A) In general.--The term ``extended-year
adjusted cohort graduation rate'' means the
ratio where--
(i) the denominator consists of the
number of students who form the
original cohort of students who entered
the entry grade together in the entry
year of high school, adjusted by--
(I) adding the students who
joined that cohort, after the
time of the determination of
the original cohort; and
(II) subtracting only those
students who left that cohort,
after the time of the
determination of the original
cohort; and
(ii) the numerator consists of the
number of students in the cohort, as
adjusted under clause (i), who earned a
regular high school diploma before,
during, or at the conclusion of--
(I) one or more additional
years beyond the fourth year of
high school; or
(II) a summer session
immediately following the
additional year of high school.
(B) Cohort removal.--To remove a student from
a cohort, a school or local educational agency
shall require documentation to confirm that the
student has transferred out, emigrated to
another country, transferred to a prison or
juvenile facility, or is deceased.
(C) Transferred out.--
(i) In general.--For purposes of this
paragraph, the term ``transferred out''
means a student who the high school or
local educational agency has confirmed,
according to clause (ii), has
transferred--
(I) to another school from
which the student is expected
to receive a regular high
school diploma; or
(II) to another educational
program from which the student
is expected to receive a
regular high school diploma.
(ii) Confirmation requirements.--
(I) Documentation required.--
The confirmation of a student's
transfer to another school or
educational program described
in clause (i) requires
documentation from the
receiving school or program
that the student enrolled in
the receiving school or
program.
(II) Lack of confirmation.--A
student who was enrolled, but
for whom there is no
confirmation of the student
having transferred out, shall
remain in the extended-year
adjusted cohort.
(iii) Programs not providing
credit.--A student who is retained in
grade or who is enrolled in a GED or
other alternative educational program
that does not issue or provide credit
toward the issuance of a regular high
school diploma shall not be considered
transferred out and shall remain in the
extended-year adjusted cohort.
(D) Special rule.--For those high schools
that start after grade 9, the original cohort
shall be calculated for the earliest high
school grade students attend no later than the
effective date for student membership data
submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the
Education Sciences Reform Act.
(22) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
(A) Interactive literacy activities between
parents and their children.
(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
(C) Parent literacy training that leads to
economic self-sufficiency.
(D) An age-appropriate education to prepare
children for success in school and life
experiences.
(23) Four-year adjusted cohort graduation rate.--
(A) In general.--The term ``four-year
adjusted cohort graduation rate'' means the
ratio where--
(i) the denominator consists of the
number of students who form the
original cohort of entering first-time
9th grade students enrolled in the high
school no later than the effective date
for student membership data submitted
annually by State educational agencies
to the National Center for Education
Statistics pursuant to section 153 of
the Education Sciences Reform Act,
adjusted by--
(I) adding the students who
joined that cohort, after the
time of the determination of
the original cohort; and
(II) subtracting only those
students who left that cohort,
after the time of the
determination of the original
cohort, as described in
subparagraph (B); and
(ii) the numerator consists of the
number of students in the cohort, as
adjusted under clause (i), who earned a
regular high school diploma before,
during, or at the conclusion of--
(I) the fourth year of high
school; or
(II) a summer session
immediately following the
fourth year of high school.
(B) Cohort removal.--To remove a student from
a cohort, a school or local educational agency
shall require documentation to confirm that the
student has transferred out, emigrated to
another country, transferred to a prison or
juvenile facility, or is deceased.
(C) Transferred out.--
(i) In general.--For purposes of this
paragraph, the term ``transferred out''
means a student who the high school or
local educational agency has confirmed,
according to clause (ii), has
transferred--
(I) to another school from
which the student is expected
to receive a regular high
school diploma; or
(II) to another educational
program from which the student
is expected to receive a
regular high school diploma.
(ii) Confirmation requirements.--
(I) Documentation required.--
The confirmation of a student's
transfer to another school or
educational program described
in clause (i) requires
documentation from the
receiving school or program
that the student enrolled in
the receiving school or
program.
(II) Lack of confirmation.--A
student who was enrolled, but
for whom there is no
confirmation of the student
having transferred out, shall
remain in the adjusted cohort.
(iii) Programs not providing
credit.--A student who is retained in
grade or who is enrolled in a GED or
other alternative educational program
that does not issue or provide credit
toward the issuance of a regular high
school diploma shall not be considered
transferred out and shall remain in the
adjusted cohort.
(D) Special rule.--For those high schools
that start after grade 9, the original cohort
shall be calculated for the earliest high
school grade students attend no later than the
effective date for student membership data
submitted annually by State educational
agencies to the National Center for Education
Statistics pursuant to section 153 of the
Education Sciences Reform Act.
(24) Free public education.--The term ``free public
education'' means education that is provided--
(A) at public expense, under public
supervision and direction, and without tuition
charge; and
(B) as elementary school or secondary school
education as determined under applicable State
law, except that the term does not include any
education provided beyond grade 12.
(25) Graduation rate.--The term ``graduation rate''
means the adjusted cohort graduation rate.
(26) High-quality academic tutoring.--The term
``high-quality academic tutoring'' means supplemental
academic services that--
(A) are in addition to instruction provided
during the school day;
(B) are provided by a non-governmental entity
or local educational agency that--
(i) is included on a State
educational agency approved provider
list after demonstrating to the State
educational agency that its program
consistently improves the academic
achievement of students; and
(ii) agrees to provide parents of
children receiving high-quality
academic tutoring, the appropriate
local educational agency, and school
with information on participating
students increases in academic
achievement, in a format, and to the
extent practicable, a language that
such parent can understand, and in a
manner that protects the privacy of
individuals consistent with section 444
of the General Education Provisions Act
(20 U.S.C. 1232g);
(C) are selected by the parents of students
who are identified by the local educational
agency as being eligible for such services from
among providers on the approved provider list
described in subparagraph (B)(i);
(D) meet all applicable Federal, State, and
local health, safety, and civil rights laws;
and
(E) ensure that all instruction and content
are secular, neutral, and non-ideological.
(27) High school.--The term ``high school'' means a
secondary school that--
(A) grants a diploma, as defined by the
State; and
(B) includes, at least, grade 12.
(28) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101(a) of the Higher
Education Act of 1965.
(29) Local educational agency.--
(A) In general.--The term ``local educational
agency'' means a public board of education or
other public authority legally constituted
within a State for either administrative
control or direction of, or to perform a
service function for, public elementary schools
or secondary schools in a city, county,
township, school district, or other political
subdivision of a State, or of or for a
combination of school districts or counties
that is recognized in a State as an
administrative agency for its public elementary
schools or secondary schools.
(B) Administrative control and direction.--
The term includes any other public institution
or agency having administrative control and
direction of a public elementary school or
secondary school.
(C) BIE schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian Education but only to the
extent that including the school makes the
school eligible for programs for which specific
eligibility is not provided to the school in
another provision of law and the school does
not have a student population that is smaller
than the student population of the local
educational agency receiving assistance under
this Act with the smallest student population,
except that the school shall not be subject to
the jurisdiction of any State educational
agency other than the Bureau of Indian
Education.
(D) Educational service agencies.--The term
includes educational service agencies and
consortia of those agencies.
(E) State educational agency.--The term
includes the State educational agency in a
State in which the State educational agency is
the sole educational agency for all public
schools.
(30) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' have the same meaning given those terms in
section 103 of the Native American Languages Act of
1990.
(31) Other staff.--The term ``other staff'' means
specialized instructional support personnel,
librarians, career guidance and counseling personnel,
education aides, and other instructional and
administrative personnel.
(32) Outlying area.--The term ``outlying area''--
(A) means American Samoa, the Commonwealth of
the Northern Mariana Islands, Guam, and the
United States Virgin Islands;
(B) means the Republic of Palau, to the
extent permitted under section 105(f)(1)(B)(ix)
of the Compact of Free Association Amendments
Act of 2003 (Public Law 99-658; 117 Stat. 2751)
and until an agreement for the extension of
United States education assistance under the
Compact of Free Association becomes effective
for the Republic of Palau; and
(C) for the purpose of any discretionary
grant program under this Act, includes the
Republic of the Marshall Islands and the
Federated States of Micronesia, to the extent
permitted under section 105(f)(1)(B)(viii) of
the Compact of Free Association Amendments Act
of 2003 (Public Law 108-188; 117 Stat. 2751).
(33) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis
(such as a grandparent or stepparent with whom the
child lives, or a person who is legally responsible for
the child's welfare).
(34) Parental involvement.--The term ``parental
involvement'' means the participation of parents in
regular, two-way, and meaningful communication
involving student academic learning and other school
activities, including ensuring--
(A) that parents play an integral role in
assisting in their child's learning;
(B) that parents are encouraged to be
actively involved in their child's education at
school;
(C) that parents are full partners in their
child's education and are included, as
appropriate, in decisionmaking and on advisory
committees to assist in the education of their
child; and
(D) the carrying out of other activities,
such as those described in section 1118.
(35) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of the
size involved.
(36) Professional development.--The term
``professional development''--
(A) includes activities that--
(i) improve and increase teachers'
knowledge of the academic subjects the
teachers teach, and enable teachers to
become effective educators;
(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
(iii) give teachers, school leaders,
other staff, and administrators the
knowledge and skills to provide
students with the opportunity to meet
State academic standards;
(iv) improve classroom management
skills;
(v)(I) are high quality, job-
embedded, and continuous in order to
have a positive and lasting impact on
classroom instruction and the teacher's
performance in the classroom; and
(II) are not 1-day or short-term
workshops or conferences;
(vi) support the recruiting, hiring,
and training of effective teachers,
including teachers who became certified
or licensed through State and local
alternative routes to certification;
(vii) advance teacher understanding
of effective instructional strategies
that are--
(I) evidence-based; and
(II) strategies for improving
student academic achievement or
substantially increasing the
knowledge and teaching skills
of teachers, including through
addressing the social and
emotional development needs of
students; and
(viii) are aligned with and directly
related to--
(I) State academic standards
and assessments; and
(II) the curricula and
programs tied to the standards
described in subclause (I);
(ix) are developed with extensive
participation of teachers, school
leaders, parents, and administrators of
schools to be served under this Act;
(x) are designed to give teachers of
English learners and other teachers and
instructional staff, the knowledge and
skills to provide instruction and
appropriate language and academic
support services to those children,
including the appropriate use of
curricula and assessments;
(xi) to the extent appropriate,
provide training for teachers, other
staff, and school leaders in the use of
technology so that technology and
technology applications are effectively
used to improve teaching and learning
in the curricula and core academic
subjects in which the students receive
instruction;
(xii) as a whole, are regularly
evaluated for their impact on increased
teacher effectiveness and improved
student academic achievement, with the
findings of the evaluations used to
improve the quality of the professional
development;
(xiii) provide instruction in methods
of teaching children with special
needs;
(xiv) include instruction in the use
of data and assessments to inform and
instruct classroom practice; and
(xv) include instruction in ways that
teachers, school leaders, specialized
instructional support personnel, other
staff, and school administrators may
work more effectively with parents; and
(B) may include activities that--
(i) involve the forming of
partnerships with institutions of
higher education to establish school-
based teacher training programs that
provide prospective teachers and new
teachers with an opportunity to work
under the guidance of experienced
teachers and college faculty;
(ii) create programs to enable
paraprofessionals (assisting teachers
employed by a local educational agency
receiving assistance under subpart 1 of
part A of title I) to obtain the
education necessary for those
paraprofessionals to become certified
and licensed teachers; and
(iii) provide follow-up training to
individuals who have participated in
activities described in subparagraph
(A) or another clause of this
subparagraph that are designed to
ensure that the knowledge and skills
learned by the teachers are implemented
in the classroom.
(37) Regular high school diploma.--
(A) In general.--The term ``regular high
school diploma'' means the standard high school
diploma awarded to the preponderance of
students in the State that is fully aligned
with State standards, or a higher diploma. Such
term shall not include a GED or other
recognized equivalent of a diploma, a
certificate of attendance, or any lesser
diploma award.
(B) Exception for students with significant
cognitive disabilities.--For a student who is
assessed using an alternate assessment aligned
to alternate academic standards under section
1111(b)(1)(D), receipt of a regular high school
diploma as defined under subparagraph (A) or a
State-defined alternate diploma obtained within
the time period for which the State ensures the
availability of a free appropriate public
education and in accordance with section
612(a)(1) of the Individuals with Disabilities
Education Act shall be counted as graduating
with a regular high school diploma for the
purposes of this Act.
(38) School leader.--The term ``school leader'' means
a principal, assistant principal, or other individual
who is--
(A) an employee or officer of a school, local
educational agency, or other entity operating
the school; and
(B) responsible for--
(i) the daily instructional
leadership and managerial operations of
the school; and
(ii) creating the optimum conditions
for student learning.
(39) Secondary school.--The term ``secondary school''
means a nonprofit institutional day or residential
school, including a public secondary charter school,
that provides secondary education, as determined under
State law, except that the term does not include any
education beyond grade 12.
(40) Secretary.--The term ``Secretary'' means the
Secretary of Education.
(41) Specialized instructional support personnel;
specialized instructional support services.--
(A) Specialized instructional support
personnel.--The term ``specialized
instructional support personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment,
diagnosis, counseling, educational,
therapeutic, and other necessary services
(including related services as that term is
defined in section 602 of the Individuals with
Disabilities Education Act) as part of a
comprehensive program to meet student needs.
(B) Specialized instructional support
services.--The term ``specialized instructional
support services'' means the services provided
by specialized instructional support personnel.
(42) State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
(43) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
(44) Technology.--The term ``technology'' means
modern information, computer and communication
technology products, services, or tools, including, but
not limited to, the Internet and other communications
networks, computer devices and other computer and
communications hardware, software applications, data
systems, and other electronic content and data storage.
SEC. 5102. APPLICABILITY OF TITLE.
Parts B, C, D, and E of this title do not apply to title IV
of this Act.
SEC. 5103. APPLICABILITY TO BUREAU OF INDIAN EDUCATION OPERATED
SCHOOLS.
For the purpose of any competitive program under this Act--
(1) a consortium of schools operated by the Bureau of
Indian Education;
(2) a school operated under a contract or grant with
the Bureau of Indian Education in consortium with
another contract or grant school or a tribal or
community organization; or
(3) a Bureau of Indian Education school in consortium
with an institution of higher education, a contract or
grant school, or a tribal or community organization,
shall be given the same consideration as a local educational
agency.
PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
SEC. 5201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
(a) Consolidation of Administrative Funds.--
(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
it for State administration under one or more of the
programs under paragraph (2).
(2) Applicability.--This section applies to any
program under this Act under which funds are authorized
to be used for administration, and such other programs
as the Secretary may designate.
(b) Use of Funds.--
(1) In general.--A State educational agency shall use
the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under programs
included in the consolidation under subsection (a),
such as--
(A) the coordination of those programs with
other Federal and non-Federal programs;
(B) the establishment and operation of peer-
review mechanisms under this Act;
(C) the administration of this title;
(D) the dissemination of information
regarding model programs and practices;
(E) technical assistance under any program
under this Act;
(F) State-level activities designed to carry
out this title;
(G) training personnel engaged in audit and
other monitoring activities; and
(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the
Department.
(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of that administration.
(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to the agency
under this section for administration, the agency may use those
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop State academic standards and
assessments, a State educational agency may consolidate the
amounts described in subsection (a) for those purposes under
title I.
SEC. 5202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
A State educational agency that also serves as a local
educational agency shall, in its applications or plans under
this Act, describe how the agency will eliminate duplication in
conducting administrative functions.
SEC. 5203. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR FUNDS.
(a) General Authority.--
(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under subpart 6 of part A of title I, and the education
for homeless children and youth program under subtitle
B of title VII of the McKinney-Vento Homeless
Assistance Act, the amounts allotted to the Department
of the Interior under those programs.
(2) Agreement.--
(A) In general.--The Secretary and the
Secretary of the Interior shall enter into an
agreement, consistent with the requirements of
the programs specified in paragraph (1), for
the distribution and use of those program funds
under terms that the Secretary determines best
meet the purposes of those programs.
(B) Contents.--The agreement shall--
(i) set forth the plans of the
Secretary of the Interior for the use
of the amount transferred and the
achievement measures to assess program
effectiveness; and
(ii) be developed in consultation
with Indian tribes.
(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for its costs related to the administration of the
funds transferred under this section.
PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
SEC. 5301. PURPOSES.
The purposes of this part are--
(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and
service delivery;
(2) to provide greater flexibility to State and local
authorities through consolidated plans, applications,
and reporting; and
(3) to enhance the integration of programs under this
Act with State and local programs.
SEC. 5302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Simplification.--In order to simplify application
requirements and reduce the burden for State
educational agencies under this Act, the Secretary, in
accordance with subsection (b), shall establish
procedures and criteria under which, after consultation
with the Governor, a State educational agency may
submit a consolidated State plan or a consolidated
State application meeting the requirements of this
section for--
(A) each of the covered programs in which the
State participates; and
(B) such other programs as the Secretary may
designate.
(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational
agency that submits a consolidated State plan or a
consolidated State application under this section shall
not be required to submit separate State plans or
applications under any of the programs to which the
consolidated State plan or consolidated State
application under this section applies.
(b) Collaboration.--
(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private agencies,
organizations, and institutions, private schools, and
parents, students, and teachers.
(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall
establish, for each program under this Act to which
this section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
(3) Necessary materials.--The Secretary shall require
only descriptions, information, assurances (including
assurances of compliance with applicable provisions
regarding participation by private school children and
teachers), and other materials that are absolutely
necessary for the consideration of the consolidated
State plan or consolidated State application.
SEC. 5303. CONSOLIDATED REPORTING.
(a) In General.--In order to simplify reporting requirements
and reduce reporting burdens, the Secretary shall establish
procedures and criteria under which a State educational agency,
in consultation with the Governor of the State, may submit a
consolidated State annual report.
(b) Contents.--The report shall contain information about the
programs included in the report, including the performance of
the State under those programs, and other matters as the
Secretary determines are necessary, such as monitoring
activities.
(c) Replacement.--The report shall replace separate
individual annual reports for the programs included in the
consolidated State annual report.
SEC. 5304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
(a) Assurances.--A State educational agency, in consultation
with the Governor of the State, that submits a consolidated
State plan or consolidated State application under this Act,
whether separately or under section 5302, shall have on file
with the Secretary a single set of assurances, applicable to
each program for which the plan or application is submitted,
that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, an eligible private
agency, institution, or organization, or an Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will
administer those funds and property to the extent
required by the authorizing law;
(3) the State will adopt and use proper methods of
administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation; and
(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of the programs;
(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
(5) the State will use such fiscal control and fund
accounting procedures that will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
(6) the State will--
(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
(B) maintain such records, provide such
information to the Secretary, and afford such
access to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
(7) before the plan or application was submitted to
the Secretary, the State afforded a reasonable
opportunity for public comment on the plan or
application and considered such comment.
(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
SEC. 5305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
(a) General Authority.--
(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational
agency under those programs on a consolidated basis.
(2) Availability to governor.--The State educational
agency shall make any consolidated local plans and
applications available to the Governor.
(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan
or application under section 5302 may require local educational
agencies in the State receiving funds under more than one
program included in the consolidated State plan or consolidated
State application to submit consolidated local plans or
applications under those programs, but may not require those
agencies to submit separate plans.
(c) Collaboration.--A State educational agency, in
consultation with the Governor, shall collaborate with local
educational agencies in the State in establishing procedures
for the submission of the consolidated State plans or
consolidated State applications under this section.
(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
SEC. 5306. OTHER GENERAL ASSURANCES.
(a) Assurances.--Any applicant, other than a State
educational agency that submits a plan or application under
this Act, shall have on file with the State educational agency
a single set of assurances, applicable to each program for
which a plan or application is submitted, that provides that--
(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in an eligible
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
(B) the public agency, eligible private agency,
institution, or organization, or Indian tribe will
administer the funds and property to the extent
required by the authorizing statutes;
(3) the applicant will adopt and use proper methods
of administering each such program, including--
(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
(B) the correction of deficiencies in program
operations that are identified through audits,
monitoring, or evaluation;
(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary, or other
Federal officials;
(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the applicant under each such program;
(6) the applicant will--
(A) submit such reports to the State
educational agency (which shall make the
reports available to the Governor) and the
Secretary as the State educational agency and
Secretary may require to enable the State
educational agency and the Secretary to perform
their duties under each such program; and
(B) maintain such records, provide such
information, and afford such access to the
records as the State educational agency (after
consultation with the Governor) or the
Secretary may reasonably require to carry out
the State educational agency's or the
Secretary's duties; and
(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and considered such comment.
(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
PART D--WAIVERS
SEC. 5401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) In General.--
(1) Request for waiver.--A State educational agency,
local educational agency, or Indian tribe that receives
funds under a program authorized under this Act may
submit a request to the Secretary to waive any
statutory or regulatory requirement of this Act.
(2) Receipt of waiver.--Except as provided in
subsection (c) and subject to the limits in subsection
(b)(5)(A), the Secretary shall waive any statutory or
regulatory requirement of this Act for a State
educational agency, local educational agency, Indian
tribe, or school (through a local educational agency),
that submits a waiver request pursuant to this
subsection.
(b) Plan.--
(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a
waiver under this section shall submit a waiver request
to the Secretary, which shall include a plan that--
(A) identifies the Federal programs affected
by the requested waiver;
(B) describes which Federal statutory or
regulatory requirements are to be waived;
(C) reasonably demonstrates that the waiver
will improve instruction for students and
advance student academic achievement;
(D) describes the methods the State
educational agency, local educational agency,
or Indian tribe will use to monitor the
effectiveness of the implementation of the
plan;
(E) describes the State educational agency,
local educational agency, or Indian tribe's
process for holding public schools accountable
for student academic achievement and
intervening in low performing schools; and
(F) describes how schools will continue to
provide assistance to the same populations
served by programs for which the waiver is
requested.
(2) Additional information.--A waiver request under
this section--
(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
(B) shall be developed and submitted--
(i)(I) by local educational agencies
(on behalf of those agencies and
schools) to State educational agencies;
and
(II) by State educational agencies
(on their own behalf, or on behalf of,
and based on the requests of, local
educational agencies in the State) to
the Secretary; or
(ii) by Indian tribes (on behalf of
schools operated by the tribes) to the
Secretary.
(3) General requirements.--
(A) State educational agencies.--In the case
of a waiver request submitted by a State
educational agency acting on its own behalf, or
on behalf of local educational agencies in the
State, the State educational agency shall--
(i) provide the public and local
educational agencies in the State with
notice and a reasonable opportunity to
comment and provide input on the
request;
(ii) submit the comments and input to
the Secretary, with a description of
how the State addressed the comments
and input; and
(iii) provide notice and a reasonable
time to comment to the public and local
educational agencies in the manner in
which the applying agency customarily
provides similar notice and opportunity
to comment to the public.
(B) Local educational agencies.--In the case
of a waiver request submitted by a local
educational agency that receives funds under
this Act--
(i) the request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
the State educational agency and the
public; and
(ii) notice and a reasonable
opportunity to comment regarding the
waiver request shall be provided to the
State educational agency and the public
by the agency requesting the waiver in
the manner in which that agency
customarily provides similar notice and
opportunity to comment to the public.
(4) Peer review.--
(A) Establishment.--The Secretary shall
establish a multi-disciplinary peer review team
to review waiver requests under this section.
(B) Applicability.--The Secretary may approve
a waiver request under this section without
conducting a peer review of the request, but
shall use the peer review process under this
paragraph before disapproving such a request.
(C) Standard and nature of review.--Peer
reviewers shall conduct a good faith review of
waiver requests submitted to them under this
section. Peer reviewers shall review such
waiver requests--
(i) in their totality;
(ii) in deference to State and local
judgment; and
(iii) with the goal of promoting
State- and local-led innovation.
(5) Waiver determination, demonstration, and
revision.--
(A) In general.--The Secretary shall approve
a waiver request not more than 60 days after
the date on which such request is submitted,
unless the Secretary determines and
demonstrates that--
(i) the waiver request does not meet
the requirements of this section;
(ii) the waiver is not permitted
under subsection (c);
(iii) the plan that is required under
paragraph (1)(C), and reviewed with
deference to State and local judgment,
provides no reasonable evidence to
determine that a waiver will enhance
student academic achievement; or
(iv) the waiver request does not
provide for adequate evaluation to
ensure review and continuous
improvement of the plan.
(B) Waiver determination and revision.--If
the Secretary determines and demonstrates that
the waiver request does not meet the
requirements of this section, the Secretary
shall--
(i) immediately--
(I) notify the State
educational agency, local
educational agency, or Indian
tribe of such determination;
and
(II) at the request of the
State educational agency, local
educational agency, or Indian
tribe, provide detailed reasons
for such determination in
writing;
(ii) offer the State educational
agency, local educational agency, or
Indian tribe an opportunity to revise
and resubmit the waiver request not
more than 60 days after the date of
such determination; and
(iii) if the Secretary determines
that the resubmission does not meet the
requirements of this section, at the
request of the State educational
agency, local educational agency, or
Indian tribe, conduct a public hearing
not more than 30 days after the date of
such resubmission.
(C) Waiver disapproval.--The Secretary may
disapprove a waiver request if--
(i) the State educational agency,
local educational agency, or Indian
tribe has been notified and offered an
opportunity to revise and resubmit the
waiver request, as described under
clauses (i) and (ii) of subparagraph
(B); and
(ii) the State educational agency,
local educational agency, or Indian
tribe--
(I) does not revise and
resubmit the waiver request; or
(II) revises and resubmits
the waiver request, and the
Secretary determines that such
waiver request does not meet
the requirements of this
section after a hearing
conducted under subparagraph
(B)(iii), if requested.
(D) External conditions.--The Secretary shall
not require or impose new or additional
requirements in exchange for receipt of a
waiver if such requirements are not specified
in this Act.
(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
(1) the allocation or distribution of funds to
States, local educational agencies, Indian tribes, or
other recipients of funds under this Act;
(2) comparability of services;
(3) use of Federal funds to supplement, not supplant,
non-Federal funds;
(4) equitable participation of private school
students and teachers;
(5) parental participation and involvement;
(6) applicable civil rights requirements;
(7) the prohibitions--
(A) in subpart 2 of part E;
(B) regarding use of funds for religious
worship or instruction in section 5505; and
(C) regarding activities in section 5524; or
(8) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113,
except that the Secretary may grant a waiver to allow a
school attendance area or school to participate in
activities under subpart 1 of part A of title I if the
percentage of children from low-income families in the
school attendance area or who attend the school is not
more than 10 percentage points below the lowest
percentage of those children for any school attendance
area or school of the local educational agency that
meets the requirements of subsections (a) and (b) of
section 1113.
(d) Duration and Extension of Waiver; Limitations.--
(1) In general.--Except as provided in paragraph (2),
a waiver approved by the Secretary under this section
may be for a period not to exceed 3 years.
(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the State demonstrates
that--
(A) the waiver has been effective in enabling
the State or affected recipient to carry out
the activities for which the waiver was
requested and the waiver has contributed to
improved student achievement; and
(B) the extension is in the public interest.
(3) Specific limitations.--The Secretary shall not
require a State educational agency, local educational
agency, or Indian tribe, as a condition of approval of
a waiver request, to--
(A) include in, or delete from, such request,
specific academic standards;
(B) use specific academic assessment
instruments or items; or
(C) include in, or delete from, such waiver
request any criterion that specifies, defines,
or prescribes the standards or measures that a
State or local educational agency or Indian
tribe uses to establish, implement, or
improve--
(i) State academic standards;
(ii) academic assessments;
(iii) State accountability systems;
or
(iv) teacher and school leader
evaluation systems.
(e) Reports.--
(1) Waiver reports.--A State educational agency,
local educational agency, or Indian tribe that receives
a waiver under this section shall, at the end of the
second year for which a waiver is received under this
section and each subsequent year, submit a report to
the Secretary that--
(A) describes the uses of the waiver by the
agency or by schools;
(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers were
granted; and
(C) evaluates the progress of the agency and
schools, or Indian tribe, in improving the
quality of instruction or the academic
achievement of students.
(2) Report to congress.--The Secretary shall annually
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report--
(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
(B) describing the status of the waivers in
improving academic achievement.
(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after
notice and an opportunity for a hearing, that the performance
of the State or other recipient affected by the waiver has been
inadequate to justify a continuation of the waiver and the
recipient of the waiver has failed to make revisions needed to
carry out the purpose of the waiver, or if the waiver is no
longer necessary to achieve its original purpose.
(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of the notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
PART E--UNIFORM PROVISIONS
Subpart 1--Private Schools
SEC. 5501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
(a) Private School Participation.--
(1) In general.--Except as otherwise provided in this
Act, to the extent consistent with the number of
eligible children in areas served by a State
educational agency, local educational agency,
educational service agency, consortium of those
agencies, or another entity receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary schools and
secondary schools in areas served by such agency,
consortium, or entity, the agency, consortium, or
entity shall, after timely and meaningful consultation
with appropriate private school officials or their
representatives, provide to those children and their
teachers or other educational personnel, on an
equitable basis, special educational services or other
benefits that address their needs under the program.
(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
(3) Special rule.--Educational services and other
benefits provided under this section for private school
children, teachers, and other educational personnel
shall be equitable in comparison to services and other
benefits for public school children, teachers, and
other educational personnel participating in the
program and shall be provided in a timely manner.
(4) Expenditures.--
(A) In general.--Expenditures for educational
services and other benefits to eligible private
school children, teachers, and other service
personnel shall be equal to the expenditures
for participating public school children,
taking into account the number and educational
needs, of the children to be served.
(B) Obligation of funds.--Funds allocated to
a local educational agency for educational
services and other benefits to eligible private
school children shall--
(i) be obligated in the fiscal year
for which the funds are received by the
agency; and
(ii) with respect to any such funds
that cannot be so obligated, be used to
serve such children in the following
fiscal year.
(C) Notice of allocation.--Each State
educational agency shall--
(i) determine, in a timely manner,
the proportion of funds to be allocated
to each local educational agency in the
State for educational services and
other benefits under this subpart to
eligible private school children; and
(ii) provide notice, simultaneously,
to each such local educational agency
and the appropriate private school
officials or their representatives in
the State of such allocation of funds.
(5) Provision of services.--An agency, consortium, or
entity described in subsection (a)(1) of this section
may provide those services directly or through
contracts with public and private agencies,
organizations, and institutions.
(b) Applicability.--
(1) In general.--This section applies to programs
under--
(A) subpart 2 of part A of title I;
(B) subpart 4 of part A of title I;
(C) part A of title II;
(D) part B of title II; and
(E) part B of title III.
(2) Definition.--For the purpose of this section, the
term ``eligible children'' means children eligible for
services under a program described in paragraph (1).
(c) Consultation.--
(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency,
consortium of those agencies, or entity shall consult,
in order to reach an agreement, with appropriate
private school officials or their representatives
during the design and development of the programs under
this Act, on issues such as--
(A) how the children's needs will be
identified;
(B) what services will be offered;
(C) how, where, and by whom the services will
be provided;
(D) how the services will be assessed and how
the results of the assessment will be used to
improve those services;
(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other
educational personnel and the amount of funds
available for those services;
(F) how and when the agency, consortium, or
entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school
officials or their representatives on the
provision of services through potential third-
party providers or contractors; and
(G) how, if the agency disagrees with the
views of the private school officials or their
representatives on the provision of services
through a contract, the local educational
agency will provide in writing to such private
school officials or their representatives an
analysis of the reasons why the local
educational agency has chosen not to use a
contractor.
(2) Disagreement.--If the agency, consortium, or
entity disagrees with the views of the private school
officials or their representatives with respect to an
issue described in paragraph (1), the agency,
consortium, or entity shall provide to the private
school officials or their representatives a written
explanation of the reasons why the local educational
agency has chosen not to adopt the course of action
requested by such officials or their representatives.
(3) Timing.--The consultation required by paragraph
(1) shall occur before the agency, consortium, or
entity makes any decision that affects the
opportunities of eligible private school children,
teachers, and other educational personnel to
participate in programs under this Act, and shall
continue throughout the implementation and assessment
of activities under this section.
(4) Discussion required.--The consultation required
by paragraph (1) shall include a discussion of service
delivery mechanisms that the agency, consortium, or
entity could use to provide equitable services to
eligible private school children, teachers,
administrators, and other staff.
(5) Documentation.--Each local educational agency
shall maintain in the agency's records and provide to
the State educational agency involved a written
affirmation signed by officials or their
representatives of each participating private school
that the meaningful consultation required by this
section has occurred. The written affirmation shall
provide the option for private school officials or
their representatives to indicate that timely and
meaningful consultation has not occurred or that the
program design is not equitable with respect to
eligible private school children. If such officials or
their representatives do not provide such affirmation
within a reasonable period of time, the local
educational agency shall forward the documentation that
such consultation has, or attempts at such consultation
have, taken place to the State educational agency.
(6) Compliance.--
(A) In general.--If the consultation required
under this section is with a local educational
agency or educational service agency, a private
school official or representative shall have
the right to file a complaint with the State
educational agency that the consultation
required under this section was not meaningful
and timely, did not give due consideration to
the views of the private school official or
representative, or did not treat the private
school or its students equitably as required by
this section.
(B) Procedure.--If the private school
official or representative wishes to file a
complaint, the private school official or
representative shall provide the basis of the
noncompliance with this section and all parties
shall provide the appropriate documentation to
the appropriate officials or representatives.
(C) Services.--A State educational agency
shall provide services under this section
directly or through contracts with public and
private agencies, organizations, and
institutions, if--
(i) the appropriate private school
officials or their representatives
have--
(I) requested that the State
educational agency provide such
services directly; and
(II) demonstrated that the
local educational agency or
Education Service Agency
involved has not met the
requirements of this section;
or
(ii) in a case in which--
(I) a local educational
agency has more than 10,000
children from low-income
families who attend private
elementary schools or secondary
schools in such agency's school
attendance areas, as defined in
section 1113(a)(2)(A), that are
not being served by the
agency's program under this
section; or
(II) 90 percent of the
eligible private school
students in a school attendance
area, as defined in section
1113(a)(2)(A), are not being
served by the agency's program
under this section.
(d) Public Control of Funds.--
(1) In general.--The control of funds used to provide
services under this section, and title to materials,
equipment, and property purchased with those funds,
shall be in a public agency for the uses and purposes
provided in this Act, and a public agency shall
administer the funds and property.
(2) Provision of services.--
(A) In general.--The provision of services
under this section shall be provided--
(i) by employees of a public agency;
or
(ii) through contract by the public
agency with an individual, association,
agency, organization, or other entity.
(B) Independence; public agency.--In the
provision of those services, the employee,
person, association, agency, organization, or
other entity shall be independent of the
private school and of any religious
organization, and the employment or contract
shall be under the control and supervision of
the public agency.
(C) Commingling of funds prohibited.--Funds
used to provide services under this section
shall not be commingled with non-Federal funds.
SEC. 5502. STANDARDS FOR BY-PASS.
(a) In General.--If, by reason of any provision of law, a
State educational agency, local educational agency, educational
service agency, consortium of those agencies, or other entity
is prohibited from providing for the participation in programs
of children enrolled in, or teachers or other educational
personnel from, private elementary schools and secondary
schools, on an equitable basis, or if the Secretary determines
that the agency, consortium, or entity has substantially failed
or is unwilling to provide for that participation, as required
by section 5501, the Secretary shall--
(1) waive the requirements of that section for the
agency, consortium, or entity; and
(2) arrange for the provision of equitable services
to those children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 5501,
5503, and 5504.
(b) Determination.--In making the determination under
subsection (a), the Secretary shall consider one or more
factors, including the quality, size, scope, and location of
the program, and the opportunity of private school children,
teachers, and other educational personnel to participate in the
program.
SEC. 5503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
5501 by a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
entity. The individual or organization shall submit the
complaint to the State educational agency for a written
resolution by the State educational agency within 45 days.
(b) Appeals to Secretary.--The resolution may be appealed by
an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or
fails to resolve the complaint within the 45-day time limit.
The appeal shall be accompanied by a copy of the State
educational agency's resolution, and, if there is one, a
complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve the appeal not later
than 90 days after receipt of the appeal.
SEC. [9504] 5504. BY-PASS DETERMINATION PROCESS.
(a) Review.--
(1) In general.--
(A) Written objections.--The Secretary shall
not take any final action under [section 9502]
section 5502 until the State educational
agency, local educational agency, educational
service agency, consortium of those agencies,
or entity affected by the action has had an
opportunity, for not less than 45 days after
receiving written notice thereof, to submit
written objections and to appear before the
Secretary to show cause why that action should
not be taken.
* * * * * * *
(b) Determination.--Any determination by the Secretary under
this section shall continue in effect until the Secretary
determines, in consultation with that agency, consortium, or
entity and representatives of the affected private school
children, teachers, or other educational personnel, that there
will no longer be any failure or inability on the part of the
agency, consortium, or entity to meet the applicable
requirements of [section 9501] section 5501 or any other
provision of this Act.
* * * * * * *
(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the
date of enactment of the [No Child Left Behind Act of 2001]
Student Success Act shall remain in effect to the extent the
Secretary determines that that determination is consistent with
the purpose of this section.
SEC. [9505] 5505. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
Nothing contained in this Act shall be construed to authorize
the making of any payment under this Act for religious worship
or instruction.
SEC. [9506] 5506. PRIVATE, RELIGIOUS, AND HOME SCHOOLS.
(a) * * *
* * * * * * *
Subpart 2--Prohibitions
SEC. 5521. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR CONTROL.
(a) In General.--No officer or employee of the Federal
Government shall, directly or indirectly--through grants,
contracts, or other cooperative agreements--mandate, direct, or
control a State, local educational agency, or school's specific
instructional content, academic standards and assessments,
curricula, or program of instruction, nor shall anything in
this Act be construed to authorize such officer or employee to
do so.
(b) Financial Support.--No officer or employee of the Federal
Government shall, directly or indirectly--through grants,
contracts, or other cooperative agreements--make financial
support available in a manner that is conditioned upon a State,
local educational agency, or school's adoption of specific
instructional content, academic standards and assessments,
curriculum, or program of instruction even if such requirements
are specified in an Act other than this Act, nor shall anything
in this Act be construed to authorize such officer or employee
to do so.
SEC. 5522. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL FUNDS.
(a) General Prohibition.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government directly or indirectly--whether through a grant,
contract, or cooperative agreement--to mandate, direct, or
control a State, local educational agency, or school's
curriculum, program of instruction, or allocation of State or
local resources, or mandate a State or any subdivision thereof
to spend any funds or incur any costs not paid for under this
Act.
(b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no funds
provided to the Department under this Act may be used by the
Department directly or indirectly--whether through a grant,
contract, or cooperative agreement--to endorse, approve,
develop, require, or sanction any curriculum designed to be
used in an elementary school or secondary school.
(c) Local Control.--Nothing in this Act shall be construed
to--
(1) authorize an officer or employee of the Federal
Government directly or indirectly--whether through a
grant, contract, or cooperative agreement--to mandate,
direct, review, or control a State, local educational
agency, or school's instructional content, curriculum,
and related activities;
(2) limit the application of the General Education
Provisions Act;
(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
(4) create any legally enforceable right.
(d) Prohibition on Requiring Federal Approval or
Certification of Standards.--Notwithstanding any other
provision of Federal law, no State shall be required to have
academic standards approved or certified by the Federal
Government, in order to receive assistance under this Act.
(e) Rule of Construction on Building Standards.--Nothing in
this Act shall be construed to mandate national school building
standards for a State, local educational agency, or school.
SEC. 5523. PROHIBITION ON FEDERALLY SPONSORED TESTING.
(a) General Prohibition.--Notwithstanding any other provision
of Federal law and except as provided in subsection (b), no
funds provided under this Act to the Secretary or to the
recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any federally
sponsored national test or testing materials in reading,
mathematics, or any other subject, unless specifically and
explicitly authorized by law.
(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of the Education Sciences Reform
Act of 2002 and administered to only a representative sample of
pupils in the United States and in foreign nations.
SEC. 5524. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
(a) Mandatory National Testing or Certification of
Teachers.--Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the
Department or otherwise available under this Act may be used
for any purpose relating to a mandatory nationwide test or
certification of teachers or education paraprofessionals,
including any planning, development, implementation, or
administration of such test or certification.
(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State educational
agency or local educational agency if the State educational
agency or local educational agency fails to adopt a specific
method of teacher or paraprofessional certification.
SEC. 5525. PROHIBITED USES OF FUNDS.
No funds under this Act may be used--
(1) for construction, renovation, or repair of any
school facility, except as authorized under title IV or
otherwise authorized under this Act;
(2) for medical services, drug treatment or
rehabilitation, except for specialized instructional
support services or referral to treatment for students
who are victims of, or witnesses to, crime or who
illegally use drugs;
(3) for transportation unless otherwise authorized
under this Act;
(4) to develop or distribute materials, or operate
programs or courses of instruction directed at youth,
that are designed to promote or encourage sexual
activity, whether homosexual or heterosexual;
(5) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
(6) to provide sex education or HIV-prevention
education in schools unless that instruction is age
appropriate and includes the health benefits of
abstinence; or
(7) to operate a program of contraceptive
distribution in schools.
SEC. [9531] 5526. PROHIBITION ON NATIONWIDE DATABASE.
Nothing in this Act (other than section 1308(b)) shall be
construed to authorize the development of a nationwide database
of personally identifiable information on individuals involved
in studies or other collections of data under this Act.
SEC. [9533] 5527. PROHIBITION ON DISCRIMINATION.
Nothing in this Act shall be construed to require, authorize,
or permit, the Secretary, or a State educational agency, local
educational agency, or school to grant to a student, or deny or
impose upon a student, any financial or educational benefit or
burden, in violation of the fifth or 14th amendments to the
Constitution or other law relating to discrimination in the
provision of federally funded programs or activities.
SEC. [9534] 5528. CIVIL RIGHTS.
[(a) In General.--Nothing] Nothing in this Act shall be
construed to permit discrimination on the basis of race, color,
religion, sex (except as otherwise permitted under title IX of
the Education Amendments of 1972), national origin, or
disability in any program funded under this Act.
[(b) Rule of Construction.--Nothing in this Act shall be
construed to require the disruption of services to a child or
the displacement of a child enrolled in or participating in a
program administered by an eligible entity, as defined in
section 1116 of title I and part B of title V, at the
commencement of the entity's participation in a grant under
section 1116 of title I or part B of title V.]
Subpart 3--Other Provisions
SEC. 5541. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
(a) Policy.--
(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General
Education Provisions Act, each local educational agency
receiving assistance under this Act shall provide, upon
a request made by a military recruiter or an
institution of higher education, access to the name,
address, and telephone listing of each secondary school
student served by the local educational agency, unless
the parent of such student has submitted the prior
consent request under paragraph (2).
(2) Consent.--
(A) Opt-out process.--A parent of a secondary
school student may submit a written request, to
the local educational agency, that the
student's name, address, and telephone listing
not be released for purposes of paragraph (1)
without prior written consent of the parent.
Upon receiving such request, the local
educational agency may not release the
student's name, address, and telephone listing
for such purposes without the prior written
consent of the parent.
(B) Notification of opt-out process.--Each
local educational agency shall notify the
parents of the students served by the agency of
the option to make a request described in
subparagraph (A).
(3) Same access to students.--Each local educational
agency receiving assistance under this Act shall
provide military recruiters the same access to
secondary school students as is provided generally to
institutions of higher education or to prospective
employers of those students.
(4) Rule of construction prohibiting opt-in
processes.--Nothing in this subsection shall be
construed to allow a local educational agency to
withhold access to a student's name, address, and
telephone listing from a military recruiter or
institution of higher education by implementing an opt-
in process or any other process other than the written
consent request process under paragraph (2)(A).
(5) Parental consent.--For purposes of this
subsection, whenever a student has attained 18 years of
age, the permission or consent required of and the
rights accorded to the parents of the student shall
only be required of and accorded to the student.
(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the
date of enactment of the Student Success Act, notify school
leaders, school administrators, and other educators about the
requirements of this section.
(c) Exception.--The requirements of this section do not apply
to a private secondary school that maintains a religious
objection to service in the Armed Forces if the objection is
verifiable through the corporate or other organizational
documents or materials of that school.
SEC. 5542. RULEMAKING.
The Secretary shall issue regulations under this Act as
prescribed under section 1401 only to the extent that such
regulations are necessary to ensure that there is compliance
with the specific requirements and assurances required by this
Act.
SEC. 5543. PEER REVIEW.
(a) In General.--If the Secretary uses a peer review panel to
evaluate an application for any program required under this
Act, the Secretary shall conduct it in accordance with this
section.
(b) Makeup.--The Secretary shall--
(1) solicit nominations for peers to serve on the
panel from States that are--
(A) practitioners in the subject matter; or
(B) experts in the subject matter; and
(2) select the peers from such nominees, except that
there shall be at least 75 percent practitioners on
each panel and in each group formed from the panel.
(c) Guidance.--The Secretary shall issue the peer review
guidance concurrently with the notice of the grant.
(d) Reporting.--The Secretary shall--
(1) make the names of the peer reviewers available to
the public before the final deadline for the
application of the grant;
(2) make the peer review notes publically available
once the review has concluded; and
(3) make any deviations from the peer reviewers'
recommendations available to the public with an
explanation of the deviation.
(e) Applicant Reviews.--An applicant shall have an
opportunity within 30 days to review the peer review notes and
appeal the score to the Secretary prior to the Secretary making
any final determination.
(f) Prohibition.--The Secretary, and the Secretary's staff,
may not attempt to participate in, or influence, the peer
review process. No Federal employee may participate in, or
attempt to influence the peer review process, except to respond
to questions of a technical nature, which shall be publicly
reported.
SEC. 5544. PARENTAL CONSENT
Upon receipt of written notification from the parents or
legal guardians of a student, the local educational agency
shall withdraw such student from any program funded under part
B of title III. The local educational agency shall make
reasonable efforts to inform parents or legal guardians of the
content of such programs or activities funded under this Act,
other than classroom instruction.
SEC. [9522] 5545. PROHIBITION REGARDING STATE AID.
A State shall not take into consideration payments under this
Act (other than under title VIII) in determining the
eligibility of any local educational agency in that State for
State aid, or the amount of State aid, with respect to free
public education of children.
SEC. [9523] 5546. PRIVACY OF ASSESSMENT RESULTS.
Any results from an individual assessment referred to in this
Act of a student that become part of the education records of
the student shall have the protections provided in section 444
of the General Education Provisions Act.
SEC. [9524] 5547. SCHOOL PRAYER.
(a) * * *
* * * * * * *
SEC. [9525] 5548. EQUAL ACCESS TO PUBLIC SCHOOL FACILITIES.
(a) * * *
* * * * * * *
SEC. [4141] 5549. GUN-FREE REQUIREMENTS.
(a) * * *
* * * * * * *
SEC. [4155] 5550. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.
(a) * * *
* * * * * * *
SEC. 5551. SEVERABILITY
If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.
SEC. 5552. DEPARTMENT STAFF
The Secretary shall--
(1) not later than 60 days after the date of the
enactment of the Student Success Act, identify the
number of Department employees who worked on or
administered each education program and project
authorized under this Act, as such program or project
was in effect on the day before such enactment date,
and publish such information on the Department's
website;
(2) not later than 60 days after such enactment date,
identify the number of full-time equivalent employees
who work on or administer programs or projects
authorized under this Act, as in effect on the day
before such enactment date, that have been eliminated
or consolidated since such date;
(3) not later than 1 year after such enactment date,
reduce the workforce of the Department by the number of
full-time equivalent employees the Department
calculated under paragraph (2); and
(4) not later than 1 year after such enactment date,
report to the Congress on--
(A) the number of employees associated with
each program or project authorized under this
Act administered by the Department;
(B) the number of full-time equivalent
employees who were determined to be associated
with eliminated or consolidated programs or
projects under paragraph (2); and
(C) how the Secretary reduced the number of
employees at the Department under paragraph
(3).
PART F--EVALUATIONS
SEC. 5601. EVALUATIONS
(a) Reservation of Funds.--Except as provided in subsections
(b) and (c), the Secretary may reserve not more than 0.5
percent of the amount appropriated to carry out each
categorical program and demonstration project authorized under
this Act--
(1) to conduct--
(A) comprehensive evaluations of the program
or project; and
(B) studies of the effectiveness of the
program or project and its administrative
impact on schools and local educational
agencies;
(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related
Federal preschool, elementary, and secondary programs
under any other Federal law; and
(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and use of information
relating to performance under the program or project.
(b) Title I Excluded.--The Secretary may not reserve under
subsection (a) funds appropriated to carry out any program
authorized under title I.
(c) Evaluation Activities Authorized Elsewhere.--If, under
any other provision of this Act (other than title I), funds are
authorized to be reserved or used for evaluation activities
with respect to a program or project, the Secretary may not
reserve additional funds under this section for the evaluation
of that program or project.
* * * * * * *
[TITLE VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
[PART A--INDIAN EDUCATION
[SEC. 7101. STATEMENT OF POLICY.
[It is the policy of the United States to fulfill the Federal
Government's unique and continuing trust relationship with and
responsibility to the Indian people for the education of Indian
children. The Federal Government will continue to work with
local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities toward the goal
of ensuring that programs that serve Indian children are of the
highest quality and provide for not only the basic elementary
and secondary educational needs, but also the unique
educational and culturally related academic needs of these
children.
[SEC. 7102. PURPOSE.
[(a) Purpose.--It is the purpose of this part to support the
efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the unique educational and culturally related academic
needs of American Indian and Alaska Native students, so that
such students can meet the same challenging State student
academic achievement standards as all other students are
expected to meet.
[(b) Programs.--This part carries out the purpose described
in subsection (a) by authorizing programs of direct assistance
for--
[(1) meeting the unique educational and culturally
related academic needs of American Indians and Alaska
Natives;
[(2) the education of Indian children and adults;
[(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian
people; and
[(4) research, evaluation, data collection, and
technical assistance.
[Subpart 1--Formula Grants to Local Educational Agencies
[SEC. 7111. PURPOSE.
[It is the purpose of this subpart to support local
educational agencies in their efforts to reform elementary
school and secondary school programs that serve Indian students
in order to ensure that such programs--
[(1) are based on challenging State academic content
and student academic achievement standards that are
used for all students; and
[(2) are designed to assist Indian students in
meeting those standards.
[SEC. 7112. GRANTS TO LOCAL EDUCATIONAL AGENCIES AND TRIBES.
[(a) In General.--The Secretary may make grants, from
allocations made under section 7113, to local educational
agencies and Indian tribes, in accordance with this section and
section 7113.
[(b) Local Educational Agencies.--
[(1) Enrollment requirements.--A local educational
agency shall be eligible for a grant under this subpart
for any fiscal year if the number of Indian children
eligible under section 7117 who were enrolled in the
schools of the agency, and to whom the agency provided
free public education, during the preceding fiscal
year--
[(A) was at least 10; or
[(B) constituted not less than 25 percent of
the total number of individuals enrolled in the
schools of such agency.
[(2) Exclusion.--The requirement of paragraph (1)
shall not apply in Alaska, California, or Oklahoma, or
with respect to any local educational agency located
on, or in proximity to, a reservation.
[(c) Indian Tribes.--
[(1) In general.--If a local educational agency that
is otherwise eligible for a grant under this subpart
does not establish a committee under section 7114(c)(4)
for such grant, an Indian tribe that represents not
less than \1/2\ of the eligible Indian children who are
served by such local educational agency may apply for
such grant.
[(2) Special rule.--The Secretary shall treat each
Indian tribe applying for a grant pursuant to paragraph
(1) as if such Indian tribe were a local educational
agency for purposes of this subpart, except that any
such tribe is not subject to section 7114(c)(4),
section 7118(c), or section 7119.
[SEC. 7113. AMOUNT OF GRANTS.
[(a) Amount of Grant Awards.--
[(1) In general.--Except as provided in subsection
(b) and paragraph (2), the Secretary shall allocate to
each local educational agency that has an approved
application under this subpart an amount equal to the
product of--
[(A) the number of Indian children who are
eligible under section 7117 and served by such
agency; and
[(B) the greater of--
[(i) the average per pupil
expenditure of the State in which such
agency is located; or
[(ii) 80 percent of the average per
pupil expenditure of all the States.
[(2) Reduction.--The Secretary shall reduce the
amount of each allocation otherwise determined under
this section in accordance with subsection (e).
[(b) Minimum Grant.--
[(1) In general.--Notwithstanding subsection (e), an
entity that is eligible for a grant under section 7112,
and a school that is operated or supported by the
Bureau of Indian Affairs that is eligible for a grant
under subsection (d), that submits an application that
is approved by the Secretary, shall, subject to
appropriations, receive a grant under this subpart in
an amount that is not less than $3,000.
[(2) Consortia.--Local educational agencies may form
a consortium for the purpose of obtaining grants under
this subpart.
[(3) Increase.--The Secretary may increase the
minimum grant under paragraph (1) to not more than
$4,000 for all grantees if the Secretary determines
such increase is necessary to ensure the quality of the
programs provided.
[(c) Definition.--For the purpose of this section, the term
``average per pupil expenditure'', used with respect to a
State, means an amount equal to--
[(1) the sum of the aggregate current expenditures of
all the local educational agencies in the State, plus
any direct current expenditures by the State for the
operation of such agencies, without regard to the
sources of funds from which such local or State
expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is
made; divided by
[(2) the aggregate number of children who were
included in average daily attendance for whom such
agencies provided free public education during such
preceding fiscal year.
[(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--
[(1) In general.--Subject to subsection (e), in
addition to the grants awarded under subsection (a),
the Secretary shall allocate to the Secretary of the
Interior an amount equal to the product of--
[(A) the total number of Indian children
enrolled in schools that are operated by--
[(i) the Bureau of Indian Affairs; or
[(ii) an Indian tribe, or an
organization controlled or sanctioned
by an Indian tribal government, for the
children of that tribe under a contract
with, or grant from, the Department of
the Interior under the Indian Self-
Determination Act or the Tribally
Controlled Schools Act of 1988; and
[(B) the greater of--
[(i) the average per pupil
expenditure of the State in which the
school is located; or
[(ii) 80 percent of the average per
pupil expenditure of all the States.
[(2) Special rule.--Any school described in paragraph
(1)(A) that wishes to receive an allocation under this
subpart shall submit an application in accordance with
section 7114, and shall otherwise be treated as a local
educational agency for the purpose of this subpart,
except that such school shall not be subject to section
7114(c)(4), section 7118(c), or section 7119.
[(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 7152(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
[SEC. 7114. APPLICATIONS.
[(a) Application Required.--Each local educational agency
that desires to receive a grant under this subpart shall submit
an application to the Secretary at such time, in such manner,
and containing such information as the Secretary may reasonably
require.
[(b) Comprehensive Program Required.--Each application
submitted under subsection (a) shall include a description of a
comprehensive program for meeting the needs of Indian children
served by the local educational agency, including the language
and cultural needs of the children, that--
[(1) describes how the comprehensive program will
offer programs and activities to meet the culturally
related academic needs of American Indian and Alaska
Native students;
[(2)(A) is consistent with the State and local plans
submitted under other provisions of this Act; and
[(B) includes academic content and student academic
achievement goals for such children, and benchmarks for
attaining such goals, that are based on the challenging
State academic content and student academic achievement
standards adopted under title I for all children;
[(3) explains how Federal, State, and local programs,
especially programs carried out under title I, will
meet the needs of such students;
[(4) demonstrates how funds made available under this
subpart will be used for activities described in
section 7115;
[(5) describes the professional development
opportunities that will be provided, as needed, to
ensure that--
[(A) teachers and other school professionals
who are new to the Indian community are
prepared to work with Indian children; and
[(B) all teachers who will be involved in
programs assisted under this subpart have been
properly trained to carry out such programs;
and
[(6) describes how the local educational agency--
[(A) will periodically assess the progress of
all Indian children enrolled in the schools of
the local educational agency, including Indian
children who do not participate in programs
assisted under this subpart, in meeting the
goals described in paragraph (2);
[(B) will provide the results of each
assessment referred to in subparagraph (A) to--
[(i) the committee described in
subsection (c)(4); and
[(ii) the community served by the
local educational agency; and
[(C) is responding to findings of any
previous assessments that are similar to the
assessments described in subparagraph (A).
[(c) Assurances.--Each application submitted under subsection
(a) shall include assurances that--
[(1) the local educational agency will use funds
received under this subpart only to supplement the
funds that, in the absence of the Federal funds made
available under this subpart, such agency would make
available for the education of Indian children, and not
to supplant such funds;
[(2) the local educational agency will prepare and
submit to the Secretary such reports, in such form and
containing such information, as the Secretary may
require to--
[(A) carry out the functions of the Secretary
under this subpart; and
[(B) determine the extent to which activities
carried out with funds provided to the local
educational agency under this subpart are
effective in improving the educational
achievement of Indian students served by such
agency;
[(3) the program for which assistance is sought--
[(A) is based on a comprehensive local
assessment and prioritization of the unique
educational and culturally related academic
needs of the American Indian and Alaska Native
students for whom the local educational agency
is providing an education;
[(B) will use the best available talents and
resources, including individuals from the
Indian community; and
[(C) was developed by such agency in open
consultation with parents of Indian children
and teachers, and, if appropriate, Indian
students from secondary schools, including
through public hearings held by such agency to
provide to the individuals described in this
subparagraph a full opportunity to understand
the program and to offer recommendations
regarding the program; and
[(4) the local educational agency developed the
program with the participation and written approval of
a committee--
[(A) that is composed of, and selected by--
[(i) parents of Indian children in
the local educational agency's schools;
[(ii) teachers in the schools; and
[(iii) if appropriate, Indian
students attending secondary schools of
the agency;
[(B) a majority of whose members are parents
of Indian children;
[(C) that has set forth such policies and
procedures, including policies and procedures
relating to the hiring of personnel, as will
ensure that the program for which assistance is
sought will be operated and evaluated in
consultation with, and with the involvement of,
parents of the children, and representatives of
the area, to be served;
[(D) with respect to an application
describing a schoolwide program in accordance
with section 7115(c), that has--
[(i) reviewed in a timely fashion the
program; and
[(ii) determined that the program
will not diminish the availability of
culturally related activities for
American Indian and Alaska Native
students; and
[(E) that has adopted reasonable bylaws for
the conduct of the activities of the committee
and abides by such bylaws.
[SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.
[(a) General Requirements.--Each local educational agency
that receives a grant under this subpart shall use the grant
funds, in a manner consistent with the purpose specified in
section 7111, for services and activities that--
[(1) are designed to carry out the comprehensive
program of the local educational agency for Indian
students, and described in the application of the local
educational agency submitted to the Secretary under
section 7114(a);
[(2) are designed with special regard for the
language and cultural needs of the Indian students; and
[(3) supplement and enrich the regular school program
of such agency.
[(b) Particular Activities.--The services and activities
referred to in subsection (a) may include--
[(1) culturally related activities that support the
program described in the application submitted by the
local educational agency;
[(2) early childhood and family programs that
emphasize school readiness;
[(3) enrichment programs that focus on problem
solving and cognitive skills development and directly
support the attainment of challenging State academic
content and student academic achievement standards;
[(4) integrated educational services in combination
with other programs that meet the needs of Indian
children and their families;
[(5) career preparation activities to enable Indian
students to participate in programs such as the
programs supported by the Carl D. Perkins Career and
Technical Education Act of 2006, including programs for
tech-prep education, mentoring, and apprenticeship;
[(6) activities to educate individuals concerning
substance abuse and to prevent substance abuse;
[(7) the acquisition of equipment, but only if the
acquisition of the equipment is essential to achieve
the purpose described in section 7111;
[(8) activities that promote the incorporation of
culturally responsive teaching and learning strategies
into the educational program of the local educational
agency;
[(9) activities that incorporate American Indian and
Alaska Native specific curriculum content, consistent
with State standards, into the curriculum used by the
local educational agency;
[(10) family literacy services; and
[(11) activities that recognize and support the
unique cultural and educational needs of Indian
children, and incorporate appropriately qualified
tribal elders and seniors.
[(c) Schoolwide Programs.--Notwithstanding any other
provision of law, a local educational agency may use funds made
available to such agency under this subpart to support a
schoolwide program under section 1114 if--
[(1) the committee established pursuant to section
7114(c)(4) approves the use of the funds for the
schoolwide program; and
[(2) the schoolwide program is consistent with the
purpose described in section 7111.
[(d) Limitation on Administrative Costs.--Not more than 5
percent of the funds provided to a grantee under this subpart
for any fiscal year may be used for administrative purposes.
[SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.
[(a) Plan.--An entity receiving funds under this subpart may
submit a plan to the Secretary for the integration of education
and related services provided to Indian students.
[(b) Consolidation of Programs.--Upon the receipt of an
acceptable plan under subsection (a), the Secretary, in
cooperation with each Federal agency providing grants for the
provision of education and related services to the entity,
shall authorize the entity to consolidate, in accordance with
such plan, the federally funded education and related services
programs of the entity and the Federal programs, or portions of
the programs, serving Indian students in a manner that
integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
[(c) Programs Affected.--The funds that may be consolidated
in a demonstration project under any such plan referred to in
subsection (a) shall include funds for any Federal program
exclusively serving Indian children, or the funds reserved
under any Federal program to exclusively serve Indian children,
under which the entity is eligible for receipt of funds under a
statutory or administrative formula for the purposes of
providing education and related services that would be used to
serve Indian students.
[(d) Plan Requirements.--For a plan to be acceptable pursuant
to subsection (b), the plan shall--
[(1) identify the programs or funding sources to be
consolidated;
[(2) be consistent with the objectives of this
section concerning authorizing the services to be
integrated in a demonstration project;
[(3) describe a comprehensive strategy that
identifies the full range of potential educational
opportunities and related services to be provided to
assist Indian students to achieve the objectives set
forth in this subpart;
[(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
[(5) identify the projected expenditures under the
plan in a single budget;
[(6) identify the State, tribal, or local agency or
agencies to be involved in the delivery of the services
integrated under the plan;
[(7) identify any statutory provisions, regulations,
policies, or procedures that the entity believes need
to be waived in order to implement the plan;
[(8) set forth measures for academic content and
student academic achievement goals designed to be met
within a specific period of time; and
[(9) be approved by a committee formed in accordance
with section 7114(c)(4), if such a committee exists.
[(e) Plan Review.--Upon receipt of the plan from an eligible
entity, the Secretary shall consult with the Secretary of each
Federal department providing funds to be used to implement the
plan, and with the entity submitting the plan. The parties so
consulting shall identify any waivers of statutory requirements
or of Federal departmental regulations, policies, or procedures
necessary to enable the entity to implement the plan.
Notwithstanding any other provision of law, the Secretary of
the affected department shall have the authority to waive any
regulation, policy, or procedure promulgated by that department
that has been so identified by the entity or department, unless
the Secretary of the affected department determines that such a
waiver is inconsistent with the objectives of this subpart or
those provisions of the statute from which the program involved
derives authority that are specifically applicable to Indian
students.
[(f) Plan Approval.--Within 90 days after the receipt of an
entity's plan by the Secretary, the Secretary shall inform the
entity, in writing, of the Secretary's approval or disapproval
of the plan. If the plan is disapproved, the entity shall be
informed, in writing, of the reasons for the disapproval and
shall be given an opportunity to amend the plan or to petition
the Secretary to reconsider such disapproval.
[(g) Responsibilities of Department of Education.--Not later
than 180 days after the date of enactment of the No Child Left
Behind Act of 2001, the Secretary of Education, the Secretary
of the Interior, and the head of any other Federal department
or agency identified by the Secretary of Education, shall enter
into an interdepartmental memorandum of agreement providing for
the implementation of the demonstration projects authorized
under this section. The lead agency head for a demonstration
project under this section shall be--
[(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
[(2) the Secretary of Education, in the case of any
other entity.
[(h) Responsibilities of Lead Agency.--The responsibilities
of the lead agency shall include--
[(1) the use of a single report format related to the
plan for the individual project, which shall be used by
an eligible entity to report on the activities
undertaken under the project;
[(2) the use of a single report format related to the
projected expenditures for the individual project which
shall be used by an eligible entity to report on all
project expenditures;
[(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
[(4) the provision of technical assistance to an
eligible entity appropriate to the project, except that
an eligible entity shall have the authority to accept
or reject the plan for providing such technical
assistance and the technical assistance provider.
[(i) Report Requirements.--A single report format shall be
developed by the Secretary, consistent with the requirements of
this section. Such report format shall require that reports
described in subsection (h), together with records maintained
on the consolidated program at the local level, shall contain
such information as will allow a determination that the
eligible entity has complied with the requirements incorporated
in its approved plan, including making a demonstration of
student academic achievement, and will provide assurances to
each Secretary that the eligible entity has complied with all
directly applicable statutory requirements and with those
directly applicable regulatory requirements that have not been
waived.
[(j) No Reduction in Amounts.--In no case shall the amount of
Federal funds available to an eligible entity involved in any
demonstration project be reduced as a result of the enactment
of this section.
[(k) Interagency Fund Transfers Authorized.--The Secretary is
authorized to take such action as may be necessary to provide
for an interagency transfer of funds otherwise available to an
eligible entity in order to further the objectives of this
section.
[(l) Administration of Funds.--
[(1) In general.--Program funds for the consolidated
programs shall be administered in such a manner as to
allow for a determination that funds from a specific
program are spent on allowable activities authorized
under such program, except that the eligible entity
shall determine the proportion of the funds granted
that shall be allocated to such program.
[(2) Separate records not required.--Nothing in this
section shall be construed as requiring the eligible
entity to maintain separate records tracing any
services or activities conducted under the approved
plan to the individual programs under which funds were
authorized for the services or activities, nor shall
the eligible entity be required to allocate
expenditures among such individual programs.
[(m) Overage.--The eligible entity may commingle all
administrative funds from the consolidated programs and shall
be entitled to the full amount of such funds (under each
program's or agency's regulations). The overage (defined as the
difference between the amount of the commingled funds and the
actual administrative cost of the programs) shall be considered
to be properly spent for Federal audit purposes, if the overage
is used for the purposes provided for under this section.
[(n) Fiscal Accountability.--Nothing in this part shall be
construed so as to interfere with the ability of the Secretary
or the lead agency to fulfill the responsibilities for the
safeguarding of Federal funds pursuant to chapter 75 of title
31, United States Code.
[(o) Report on Statutory Obstacles to Program Integration.--
[(1) Preliminary report.--Not later than 2 years
after the date of enactment of the No Child Left Behind
Act of 2001, the Secretary of Education shall submit a
preliminary report to the Committee on Education and
the Workforce and the Committee on Resources of the
House of Representatives and the Committee on Health,
Education, Labor, and Pensions and the Committee on
Indian Affairs of the Senate on the status of the
implementation of the demonstration projects authorized
under this section.
[(2) Final report.--Not later than 5 years after the
date of enactment of the No Child Left Behind Act of
2001, the Secretary of Education shall submit a report
to the Committee on Education and the Workforce and the
Committee on Resources of the House of Representatives
and the Committee on Health, Education, Labor, and
Pensions and the Committee on Indian Affairs of the
Senate on the results of the implementation of the
demonstration projects authorized under this section.
Such report shall identify statutory barriers to the
ability of participants to integrate more effectively
their education and related services to Indian students
in a manner consistent with the objectives of this
section.
[(p) Definitions.--For the purposes of this section, the term
``Secretary'' means--
[(1) the Secretary of the Interior, in the case of an
entity meeting the definition of a contract or grant
school under title XI of the Education Amendments of
1978; or
[(2) the Secretary of Education, in the case of any
other entity.
[SEC. 7117. STUDENT ELIGIBILITY FORMS.
[(a) In General.--The Secretary shall require that, as part
of an application for a grant under this subpart, each
applicant shall maintain a file, with respect to each Indian
child for whom the local educational agency provides a free
public education, that contains a form that sets forth
information establishing the status of the child as an Indian
child eligible for assistance under this subpart, and that
otherwise meets the requirements of subsection (b).
[(b) Forms.--The form described in subsection (a) shall
include--
[(1) either--
[(A)(i) the name of the tribe or band of
Indians (as defined in section 7151) with
respect to which the child claims membership;
[(ii) the enrollment number establishing the
membership of the child (if readily available);
and
[(iii) the name and address of the
organization that maintains updated and
accurate membership data for such tribe or band
of Indians; or
[(B) the name, the enrollment number (if
readily available), and the name and address of
the organization responsible for maintaining
updated and accurate membership data, of any
parent or grandparent of the child from whom
the child claims eligibility under this
subpart, if the child is not a member of the
tribe or band of Indians (as so defined);
[(2) a statement of whether the tribe or band of
Indians (as so defined), with respect to which the
child, or parent or grandparent of the child, claims
membership, is federally recognized;
[(3) the name and address of the parent or legal
guardian of the child;
[(4) a signature of the parent or legal guardian of
the child that verifies the accuracy of the information
supplied; and
[(5) any other information that the Secretary
considers necessary to provide an accurate program
profile.
[(c) Statutory Construction.--Nothing in this section shall
be construed to affect a definition contained in section 7151.
[(d) Forms and Standards of Proof.--The forms and the
standards of proof (including the standard of good faith
compliance) that were in use during the 1985-86 academic year
to establish the eligibility of a child for entitlement under
the Indian Elementary and Secondary School Assistance Act shall
be the forms and standards of proof used--
[(1) to establish eligibility under this subpart; and
[(2) to meet the requirements of subsection (a).
[(e) Documentation.--For purposes of determining whether a
child is eligible to be counted for the purpose of computing
the amount of a grant award under section 7113, the membership
of the child, or any parent or grandparent of the child, in a
tribe or band of Indians (as so defined) may be established by
proof other than an enrollment number, notwithstanding the
availability of an enrollment number for a member of such tribe
or band. Nothing in subsection (b) shall be construed to
require the furnishing of an enrollment number.
[(f) Monitoring and Evaluation Review.--
[(1) In general.--
[(A) Review.--For each fiscal year, in order
to provide such information as is necessary to
carry out the responsibility of the Secretary
to provide technical assistance under this
subpart, the Secretary shall conduct a
monitoring and evaluation review of a sampling
of the recipients of grants under this subpart.
The sampling conducted under this subparagraph
shall take into account the size of and the
geographic location of each local educational
agency.
[(B) Exception.--A local educational agency
may not be held liable to the United States or
be subject to any penalty, by reason of the
findings of an audit that relates to the date
of completion, or the date of submission, of
any forms used to establish, before April 28,
1988, the eligibility of a child for an
entitlement under the Indian Elementary and
Secondary School Assistance Act.
[(2) False information.--Any local educational agency
that provides false information in an application for a
grant under this subpart shall--
[(A) be ineligible to apply for any other
grant under this subpart; and
[(B) be liable to the United States for any
funds from the grant that have not been
expended.
[(3) Excluded children.--A student who provides false
information for the form required under subsection (a)
shall not be counted for the purpose of computing the
amount of a grant under section 7113.
[(g) Tribal Grant and Contract Schools.--Notwithstanding any
other provision of this section, in calculating the amount of a
grant under this subpart to a tribal school that receives a
grant or contract from the Bureau of Indian Affairs, the
Secretary shall use only one of the following, as selected by
the school:
[(1) A count of the number of students in the schools
certified by the Bureau.
[(2) A count of the number of students for whom the
school has eligibility forms that comply with this
section.
[(h) Timing of Child Counts.--For purposes of determining the
number of children to be counted in calculating the amount of a
local educational agency's grant under this subpart (other than
in the case described in subsection (g)(1)), the local
educational agency shall--
[(1) establish a date on, or a period not longer than
31 consecutive days during, which the agency counts
those children, if that date or period occurs before
the deadline established by the Secretary for
submitting an application under section 7114; and
[(2) determine that each such child was enrolled, and
receiving a free public education, in a school of the
agency on that date or during that period, as the case
may be.
[SEC. 7118. PAYMENTS.
[(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that
submits an application that is approved by the Secretary under
this subpart the amount determined under section 7113. The
Secretary shall notify the local educational agency of the
amount of the payment not later than June 1 of the year for
which the Secretary makes the payment.
[(b) Payments Taken Into Account by the State.--The Secretary
may not make a grant under this subpart to a local educational
agency for a fiscal year if, for such fiscal year, the State in
which the local educational agency is located takes into
consideration payments made under this chapter in determining
the eligibility of the local educational agency for State aid,
or the amount of the State aid, with respect to the free public
education of children during such fiscal year or the preceding
fiscal year.
[(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--
[(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award
determined under section 7113 for any fiscal year
unless the State educational agency notifies the
Secretary, and the Secretary determines, that with
respect to the provision of free public education by
the local educational agency for the preceding fiscal
year, the combined fiscal effort of the local
educational agency and the State, computed on either a
per student or aggregate expenditure basis, was not
less than 90 percent of the amount of the combined
fiscal effort, computed on the same basis, for the
second preceding fiscal year.
[(2) Failure to maintain effort.--If, for the
preceding fiscal year, the Secretary determines that a
local educational agency and State failed to maintain
the combined fiscal effort for such agency at the level
specified in paragraph (1), the Secretary shall--
[(A) reduce the amount of the grant that
would otherwise be made to such agency under
this subpart in the exact proportion of the
failure to maintain the fiscal effort at such
level; and
[(B) not use the reduced amount of the agency
and State expenditures for the preceding year
to determine compliance with paragraph (1) for
any succeeding fiscal year, but shall use the
amount of expenditures that would have been
required to comply with paragraph (1).
[(3) Waiver.--
[(A) In general.--The Secretary may waive the
requirement of paragraph (1) for a local
educational agency, for not more than 1 year at
a time, if the Secretary determines that the
failure to comply with such requirement is due
to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and
unforeseen decline in the agency's financial
resources.
[(B) Future determinations.--The Secretary
shall not use the reduced amount of the
agency's expenditures for the fiscal year
preceding the fiscal year for which a waiver is
granted to determine compliance with paragraph
(1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have
been required to comply with paragraph (1) in
the absence of the waiver.
[(d) Reallocations.--The Secretary may reallocate, in a
manner that the Secretary determines will best carry out the
purpose of this subpart, any amounts that--
[(1) based on estimates made by local educational
agencies or other information, the Secretary determines
will not be needed by such agencies to carry out
approved programs under this subpart; or
[(2) otherwise become available for reallocation
under this subpart.
[SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW.
[Before submitting an application to the Secretary under
section 7114, a local educational agency shall submit the
application to the State educational agency, which may comment
on such application. If the State educational agency comments
on the application, the agency shall comment on all
applications submitted by local educational agencies in the
State and shall provide those comments to the respective local
educational agencies, with an opportunity to respond.
[Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
[SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
[(a) Purpose.--
[(1) In general.--It is the purpose of this section
to support projects to develop, test, and demonstrate
the effectiveness of services and programs to improve
educational opportunities and achievement of Indian
children.
[(2) Coordination.--The Secretary shall take the
necessary actions to achieve the coordination of
activities assisted under this subpart with--
[(A) other programs funded under this Act;
and
[(B) other Federal programs operated for the
benefit of American Indian and Alaska Native
children.
[(b) Eligible Entities.--In this section, the term ``eligible
entity'' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary school or secondary school for Indian students,
Indian institution (including an Indian institution of higher
education), or a consortium of such entities.
[(c) Grants Authorized.--
[(1) In general.--The Secretary shall award grants to
eligible entities to enable such entities to carry out
activities that meet the purpose of this section,
including--
[(A) innovative programs related to the
educational needs of educationally
disadvantaged children;
[(B) educational services that are not
available to such children in sufficient
quantity or quality, including remedial
instruction, to raise the achievement of Indian
children in one or more of the core academic
subjects of English, mathematics, science,
foreign languages, art, history, and geography;
[(C) bilingual and bicultural programs and
projects;
[(D) special health and nutrition services,
and other related activities, that address the
special health, social, and psychological
problems of Indian children;
[(E) special compensatory and other programs
and projects designed to assist and encourage
Indian children to enter, remain in, or reenter
school, and to increase the rate of high school
graduation for Indian children;
[(F) comprehensive guidance, counseling, and
testing services;
[(G) early childhood and kindergarten
programs, including family-based preschool
programs that emphasize school readiness and
parental skills, and the provision of services
to Indian children with disabilities;
[(H) partnership projects between local
educational agencies and institutions of higher
education that allow secondary school students
to enroll in courses at the postsecondary level
to aid such students in the transition from
secondary to postsecondary education;
[(I) partnership projects between schools and
local businesses for career preparation
programs designed to provide Indian youth with
the knowledge and skills such youth need to
make an effective transition from school to a
high-skill, high-wage career;
[(J) programs designed to encourage and
assist Indian students to work toward, and gain
entrance into, an institution of higher
education;
[(K) family literacy services;
[(L) activities that recognize and support
the unique cultural and educational needs of
Indian children, and incorporate appropriately
qualified tribal elders and seniors; or
[(M) other services that meet the purpose
described in this section.
[(2) Professional development.--Professional
development of teaching professionals and
paraprofessionals may be a part of any program assisted
under this section.
[(d) Grant Requirements and Applications.--
[(1) Grant requirements.--
[(A) In general.--The Secretary may make
multiyear grants under subsection (c) for the
planning, development, pilot operation, or
demonstration of any activity described in
subsection (c) for a period not to exceed 5
years.
[(B) Priority.--In making multiyear grants
described in this paragraph, the Secretary
shall give priority to entities submitting
applications that present a plan for combining
two or more of the activities described in
subsection (c) over a period of more than 1
year.
[(C) Progress.--The Secretary shall make a
grant payment for a grant described in this
paragraph to an eligible entity after the
initial year of the multiyear grant only if the
Secretary determines that the eligible entity
has made substantial progress in carrying out
the activities assisted under the grant in
accordance with the application submitted under
paragraph (3) and any subsequent modifications
to such application.
[(2) Dissemination grants.--
[(A) In general.--In addition to awarding the
multiyear grants described in paragraph (1),
the Secretary may award grants under subsection
(c) to eligible entities for the dissemination
of exemplary materials or programs assisted
under this section.
[(B) Determination.--The Secretary may award
a dissemination grant described in this
paragraph if, prior to awarding the grant, the
Secretary determines that the material or
program to be disseminated--
[(i) has been adequately reviewed;
[(ii) has demonstrated educational
merit; and
[(iii) can be replicated.
[(3) Application.--
[(A) In general.--Any eligible entity that
desires to receive a grant under this section
shall submit an application to the Secretary at
such time and in such manner as the Secretary
may reasonably require.
[(B) Contents.--Each application submitted to
the Secretary under subparagraph (A), other
than an application for a dissemination grant
under paragraph (2), shall contain--
[(i) a description of how parents of
Indian children and representatives of
Indian tribes have been, and will be,
involved in developing and implementing
the activities for which assistance is
sought;
[(ii) assurances that the applicant
will participate, at the request of the
Secretary, in any national evaluation
of activities assisted under this
section;
[(iii) information demonstrating that
the proposed program for the activities
is a scientifically based research
program, where applicable, which may
include a program that has been
modified to be culturally appropriate
for students who will be served;
[(iv) a description of how the
applicant will incorporate the proposed
activities into the ongoing school
program involved once the grant period
is over; and
[(v) such other assurances and
information as the Secretary may
reasonably require.
[(e) Administrative Costs.--Not more than 5 percent of the
funds provided to a grantee under this subpart for any fiscal
year may be used for administrative purposes.
[SEC. 7122. PROFESSIONAL DEVELOPMENT FOR TEACHERS AND EDUCATION
PROFESSIONALS.
[(a) Purposes.--The purposes of this section are--
[(1) to increase the number of qualified Indian
individuals in teaching or other education professions
that serve Indian people;
[(2) to provide training to qualified Indian
individuals to enable such individuals to become
teachers, administrators, teacher aides, social
workers, and ancillary educational personnel; and
[(3) to improve the skills of qualified Indian
individuals who serve in the capacities described in
paragraph (2).
[(b) Eligible Entities.--For the purpose of this section, the
term ``eligible entity'' means--
[(1) an institution of higher education, including an
Indian institution of higher education;
[(2) a State educational agency or local educational
agency, in consortium with an institution of higher
education;
[(3) an Indian tribe or organization, in consortium
with an institution of higher education; and
[(4) a Bureau-funded school (as defined in section
1146 of the Education Amendments of 1978).
[(c) Program Authorized.--The Secretary is authorized to
award grants to eligible entities having applications approved
under this section to enable those entities to carry out the
activities described in subsection (d).
[(d) Authorized Activities.--
[(1) In general.--Grant funds under this section
shall be used for activities to provide support and
training for Indian individuals in a manner consistent
with the purposes of this section. Such activities may
include continuing programs, symposia, workshops,
conferences, and direct financial support, and may
include programs designed to train tribal elders and
seniors.
[(2) Special rules.--
[(A) Type of training.--For education
personnel, the training received pursuant to a
grant under this section may be inservice or
preservice training.
[(B) Program.--For individuals who are being
trained to enter any field other than teaching,
the training received pursuant to a grant under
this section shall be in a program that results
in a graduate degree.
[(e) Application.--Each eligible entity desiring a grant
under this section shall submit an application to the Secretary
at such time, in such manner, and accompanied by such
information, as the Secretary may reasonably require.
[(f) Special Rule.--In awarding grants under this section,
the Secretary--
[(1) shall consider the prior performance of the
eligible entity; and
[(2) may not limit eligibility to receive a grant
under this section on the basis of--
[(A) the number of previous grants the
Secretary has awarded such entity; or
[(B) the length of any period during which
such entity received such grants.
[(g) Grant Period.--Each grant under this section shall be
awarded for a period of not more than 5 years.
[(h) Service Obligation.--
[(1) In general.--The Secretary shall require, by
regulation, that an individual who receives training
pursuant to a grant made under this section--
[(A) perform work--
[(i) related to the training received
under this section; and
[(ii) that benefits Indian people; or
[(B) repay all or a prorated part of the
assistance received.
[(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a grant
recipient under this section shall, not later than 12
months after the date of completion of the training,
and periodically thereafter, provide information
concerning compliance with the work requirement under
paragraph (1).
[Subpart 3--National Activities
[SEC. 7131. NATIONAL RESEARCH ACTIVITIES.
[(a) Authorized Activities.--The Secretary may use funds made
available under section 7152(b) for each fiscal year to--
[(1) conduct research related to effective approaches
for the education of Indian children and adults;
[(2) evaluate federally assisted education programs
from which Indian children and adults may benefit;
[(3) collect and analyze data on the educational
status and needs of Indians; and
[(4) carry out other activities that are consistent
with the purpose of this part.
[(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with, Indian
tribes, Indian organizations, State educational agencies, local
educational agencies, institutions of higher education,
including Indian institutions of higher education, and other
public and private agencies and institutions.
[(c) Coordination.--Research activities supported under this
section--
[(1) shall be carried out in consultation with the
Institute of Education Sciences to ensure that such
activities are coordinated with and enhance the
research and development activities supported by the
Institute; and
[(2) may include collaborative research activities
that are jointly funded and carried out by the Office
of Indian Education Programs and the Institute of
Education Sciences.
[SEC. 7132. IN-SERVICE TRAINING FOR TEACHERS OF INDIAN CHILDREN.
[(a) Grants Authorized.--In addition to the grants authorized
by section 7122(c), the Secretary may make grants to eligible
consortia for the provision of high quality in-service
training. The Secretary may make such a grant to--
[(1) a consortium of a tribal college and an
institution of higher education that awards a degree in
education; or
[(2) a consortium of--
[(A) a tribal college;
[(B) an institution of higher education that
awards a degree in education; and
[(C) one or more elementary schools or
secondary schools operated by the Bureau of
Indian Affairs, local educational agencies
serving Indian children, or tribal educational
agencies.
[(b) Use of Funds.--
[(1) In-service training.--A consortium that receives
a grant under subsection (a) shall use the grant funds
only to provide high quality in-service training to
teachers, including teachers who are not Indians, in
schools of local educational agencies with substantial
numbers of Indian children enrolled in their schools,
in order to better meet the needs of those children.
[(2) Components.--The training described in paragraph
(1) shall include such activities as preparing teachers
to use the best available scientifically based research
practices and learning strategies, and to make the most
effective use of curricula and materials, to respond to
the unique needs of Indian children in their
classrooms.
[(c) Preference for Indian Applicants.--In applying section
7143 to this section, the Secretary shall give a preference to
any consortium that includes one or more of the entities
described in section 7143.
[SEC. 7133. FELLOWSHIPS FOR INDIAN STUDENTS.
[(a) Fellowships.--
[(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students
to study in graduate and professional programs at
institutions of higher education.
[(2) Requirements.--The fellowships described in
paragraph (1) shall be awarded to Indian students to
enable such students to pursue a course of study--
[(A) of not more than 4 academic years; and
[(B) that leads--
[(i) toward a postbaccalaureate
degree in medicine, clinical
psychology, psychology, law, education,
or a related field; or
[(ii) to an undergraduate or graduate
degree in engineering, business
administration, natural resources, or a
related field.
[(b) Stipends.--The Secretary shall pay to Indian students
awarded fellowships under subsection (a) such stipends
(including allowances for subsistence of such students and
dependents of such students) as the Secretary determines to be
consistent with prevailing practices under comparable federally
supported programs.
[(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which such a fellowship recipient is pursuing a course of
study, in lieu of tuition charged to such recipient, such
amounts as the Secretary may determine to be necessary to cover
the cost of education provided to such recipient.
[(d) Special Rules.--
[(1) In general.--If a fellowship awarded under
subsection (a) is vacated prior to the end of the
period for which the fellowship is awarded, the
Secretary may award an additional fellowship for the
unexpired portion of the period of the first
fellowship.
[(2) Written notice.--Not later than 45 days before
the commencement of an academic term, the Secretary
shall provide to each individual who is awarded a
fellowship under subsection (a) for such academic term
written notice of--
[(A) the amount of the funding for the
fellowship; and
[(B) any stipends or other payments that will
be made under this section to, or for the
benefit of, the individual for the academic
term.
[(3) Priority.--Not more than 10 percent of the
fellowships awarded under subsection (a) shall be
awarded, on a priority basis, to persons receiving
training in guidance counseling with a specialty in the
area of alcohol and substance abuse counseling and
education.
[(e) Service Obligation.--
[(1) In general.--The Secretary shall require, by
regulation, that an individual who receives financial
assistance under this section--
[(A) perform work--
[(i) related to the training for
which the individual receives the
assistance under this section; and
[(ii) that benefits Indian people; or
[(B) repay all or a prorated portion of such
assistance.
[(2) Reporting.--The Secretary shall establish, by
regulation, a reporting procedure under which a
recipient of assistance under this section shall, not
later than 12 months after the date of completion of
the training, and periodically thereafter, provide
information concerning the compliance of such recipient
with the work requirement described in paragraph (1).
[(f) Administration of Fellowships.--The Secretary may
administer the fellowships authorized under this section
through a grant to, or contract or cooperative agreement with,
an Indian organization with demonstrated qualifications to
administer all facets of the program assisted under this
section.
[SEC. 7134. GIFTED AND TALENTED INDIAN STUDENTS.
[(a) Program Authorized.--The Secretary is authorized to--
[(1) establish two centers for gifted and talented
Indian students at tribally controlled community
colleges in accordance with this section; and
[(2) support demonstration projects described in
subsection (c).
[(b) Eligible Entities.--The Secretary shall make grants, or
enter into contracts, for the activities described in
subsection (a), to or with--
[(1) two tribally controlled community colleges
that--
[(A) are eligible for funding under the
Tribally Controlled Colleges and Universities
Assistance Act of 1978; and
[(B) are fully accredited; or
[(2) the American Indian Higher Education Consortium,
if the Secretary does not receive applications that the
Secretary determines to be approvable from two colleges
that meet the requirements of paragraph (1).
[(c) Use of Funds.--
[(1) In general.--Funds made available through the
grants made, or contracts entered into, by the
Secretary under subsection (b) shall be used for--
[(A) the establishment of centers described
in subsection (a); and
[(B) carrying out demonstration projects
designed to--
[(i) address the special needs of
Indian students in elementary schools
and secondary schools who are gifted
and talented; and
[(ii) provide such support services
to the families of the students
described in clause (i) as are needed
to enable such students to benefit from
the projects.
[(2) Subcontracts.--Each recipient of a grant or
contract under subsection (b) to carry out a
demonstration project under subsection (a) may enter
into a contract with any other entity, including the
Children's Television Workshop, to carry out the
demonstration project.
[(3) Demonstration projects.--Demonstration projects
assisted under subsection (b) may include--
[(A) the identification of the special needs
of gifted and talented Indian students,
particularly at the elementary school level,
giving attention to--
[(i) identifying the emotional and
psychosocial needs of such students;
and
[(ii) providing such support services
to the families of such students as are
needed to enable such students to
benefit from the projects;
[(B) the conduct of educational,
psychosocial, and developmental activities that
the Secretary determines hold a reasonable
promise of resulting in substantial progress
toward meeting the educational needs of such
gifted and talented children, including--
[(i) demonstrating and exploring the
use of Indian languages and exposure to
Indian cultural traditions; and
[(ii) carrying out mentoring and
apprenticeship programs;
[(C) the provision of technical assistance
and the coordination of activities at schools
that receive grants under subsection (d) with
respect to the activities assisted under such
grants, the evaluation of programs assisted
under such grants, or the dissemination of such
evaluations;
[(D) the use of public television in meeting
the special educational needs of such gifted
and talented children;
[(E) leadership programs designed to
replicate programs for such children throughout
the United States, including disseminating
information derived from the demonstration
projects conducted under subsection (a); and
[(F) appropriate research, evaluation, and
related activities pertaining to the needs of
such children and to the provision of such
support services to the families of such
children as are needed to enable such children
to benefit from the projects.
[(4) Application.--Each eligible entity desiring a
grant or contract under subsection (b) shall submit an
application to the Secretary at such time, in such
manner, and accompanied by such information, as the
Secretary may reasonably require.
[(d) Additional Grants.--
[(1) In general.--The Secretary, in consultation with
the Secretary of the Interior, shall award 5 grants to
schools funded by the Bureau of Indian Affairs
(hereafter referred to individually in this section as
a ``Bureau school'') for program research and
development and the development and dissemination of
curriculum and teacher training material, regarding--
[(A) gifted and talented students;
[(B) college preparatory studies (including
programs for Indian students with an interest
in pursuing teaching careers);
[(C) students with special culturally related
academic needs, including students with social,
lingual, and cultural needs; or
[(D) mathematics and science education.
[(2) Applications.--Each Bureau school desiring a
grant under this subsection shall submit an application
to the Secretary at such time, in such manner, and
accompanied by such information, as the Secretary may
reasonably require.
[(3) Special rule.--Each application described in
paragraph (2) shall be developed, and each grant under
this subsection shall be administered, jointly by the
supervisor of the Bureau school and the local
educational agency serving such school.
[(4) Requirements.--In awarding grants under
paragraph (1), the Secretary shall achieve a mixture of
the programs described in paragraph (1) that ensures
that Indian students at all grade levels and in all
geographic areas of the United States are able to
participate in a program assisted under this
subsection.
[(5) Grant period.--Subject to the availability of
appropriations, a grant awarded under paragraph (1)
shall be awarded for a 3-year period and may be renewed
by the Secretary for additional 3-year periods if the
Secretary determines that the performance of the grant
recipient has been satisfactory.
[(6) Dissemination.--
[(A) Cooperative efforts.--The dissemination
of any materials developed from activities
assisted under paragraph (1) shall be carried
out in cooperation with entities that receive
funds pursuant to subsection (b).
[(B) Report.--The Secretary shall prepare and
submit to the Secretary of the Interior and to
Congress a report concerning any results from
activities described in this subsection.
[(7) Evaluation costs.--
[(A) Division.--The costs of evaluating any
activities assisted under paragraph (1) shall
be divided between the Bureau schools
conducting such activities and the recipients
of grants or contracts under subsection (b) who
conduct demonstration projects under subsection
(a).
[(B) Grants and contracts.--If no funds are
provided under subsection (b) for--
[(i) the evaluation of activities
assisted under paragraph (1);
[(ii) technical assistance and
coordination with respect to such
activities; or
[(iii) the dissemination of the
evaluations referred to in clause (i),
the Secretary shall make such grants, or enter
into such contracts, as are necessary to
provide for the evaluations, technical
assistance, and coordination of such
activities, and the dissemination of the
evaluations.
[(e) Information Network.--The Secretary shall encourage each
recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is
readily available to the entire educational community.
[SEC. 7135. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
DEVELOPMENT.
[(a) In General.--The Secretary may make grants to Indian
tribes, and tribal organizations approved by Indian tribes, to
plan and develop a centralized tribal administrative entity
to--
[(1) coordinate all education programs operated by
the tribe or within the territorial jurisdiction of the
tribe;
[(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
[(3) provide support services and technical
assistance to schools serving children of the tribe;
and
[(4) perform child-find screening services for the
preschool-aged children of the tribe to--
[(A) ensure placement in appropriate
educational facilities; and
[(B) coordinate the provision of any needed
special services for conditions such as
disabilities and English language skill
deficiencies.
[(b) Period of Grant.--Each grant awarded under this section
may be awarded for a period of not more than 3 years. Such
grant may be renewed upon the termination of the initial period
of the grant if the grant recipient demonstrates to the
satisfaction of the Secretary that renewing the grant for an
additional 3-year period is necessary to carry out the
objectives of the grant described in subsection (c)(2)(A).
[(c) Application for Grant.--
[(1) In general.--Each Indian tribe and tribal
organization desiring a grant under this section shall
submit an application to the Secretary at such time, in
such manner, containing such information, and
consistent with such criteria, as the Secretary may
prescribe in regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities to
be conducted, and the objectives to be
achieved, under the grant; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
for determining whether such objectives are
achieved.
[(3) Approval.--The Secretary may approve an
application submitted by a tribe or tribal organization
pursuant to this section only if the Secretary is
satisfied that such application, including any
documentation submitted with the application--
[(A) demonstrates that the applicant has
consulted with other education entities, if
any, within the territorial jurisdiction of the
applicant who will be affected by the
activities to be conducted under the grant;
[(B) provides for consultation with such
other education entities in the operation and
evaluation of the activities conducted under
the grant; and
[(C) demonstrates that there will be adequate
resources provided under this section or from
other sources to complete the activities for
which assistance is sought, except that the
availability of such other resources shall not
be a basis for disapproval of such application.
[(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the
Education Amendments of 1978.
[SEC. 7136. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS.
[(a) In General.--The Secretary shall make grants to State
educational agencies, local educational agencies, and Indian
tribes, institutions, and organizations--
[(1) to support planning, pilot, and demonstration
projects that are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
[(2) to assist in the establishment and operation of
programs that are designed to stimulate--
[(A) the provision of basic literacy
opportunities for all nonliterate Indian
adults; and
[(B) the provision of opportunities to all
Indian adults to qualify for a secondary school
diploma, or its recognized equivalent, in the
shortest period of time feasible;
[(3) to support a major research and development
program to develop more innovative and effective
techniques for achieving literacy and secondary school
equivalency for Indians;
[(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of
illiteracy and lack of secondary school completion
among Indians; and
[(5) to encourage the dissemination of information
and materials relating to, and the evaluation of, the
effectiveness of education programs that may offer
educational opportunities to Indian adults.
[(b) Educational Services.--The Secretary may make grants to
Indian tribes, institutions, and organizations to develop and
establish educational services and programs specifically
designed to improve educational opportunities for Indian
adults.
[(c) Information and Evaluation.--The Secretary may make
grants to, and enter into contracts with, public agencies and
institutions and Indian tribes, institutions, and
organizations, for--
[(1) the dissemination of information concerning
educational programs, services, and resources available
to Indian adults, including evaluations of the
programs, services, and resources; and
[(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of the programs in achieving the purposes
of the programs with respect to Indian adults.
[(d) Applications.--
[(1) In general.--Each entity desiring a grant or
contract under this section shall submit to the
Secretary an application at such time, in such manner,
containing such information, and consistent with such
criteria, as the Secretary may prescribe in
regulations.
[(2) Contents.--Each application described in
paragraph (1) shall contain--
[(A) a statement describing the activities to
be conducted and the objectives to be achieved
under the grant or contract; and
[(B) a description of the method to be used
for evaluating the effectiveness of the
activities for which assistance is sought and
determining whether the objectives of the grant
or contract are achieved.
[(3) Approval.--The Secretary shall not approve an
application described in paragraph (1) unless the
Secretary determines that such application, including
any documentation submitted with the application,
indicates that--
[(A) there has been adequate participation,
by the individuals to be served and the
appropriate tribal communities, in the planning
and development of the activities to be
assisted; and
[(B) the individuals and tribal communities
referred to in subparagraph (A) will
participate in the operation and evaluation of
the activities to be assisted.
[(4) Priority.--In approving applications under
paragraph (1), the Secretary shall give priority to
applications from Indian educational agencies,
organizations, and institutions.
[(e) Administrative Costs.--Not more than 5 percent of the
funds made available to an entity through a grant or contract
made or entered into under this section for a fiscal year may
be used to pay for administrative costs.
[Subpart 4--Federal Administration
[SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
[(a) Membership.--There is established a National Advisory
Council on Indian Education (hereafter in this section referred
to as the ``Council''), which shall--
[(1) consist of 15 Indian members, who shall be
appointed by the President from lists of nominees
furnished, from time to time, by Indian tribes and
organizations; and
[(2) represent different geographic areas of the
United States.
[(b) Duties.--The Council shall--
[(1) advise the Secretary concerning the funding and
administration (including the development of
regulations and administrative policies and practices)
of any program, including any program established under
this part--
[(A) with respect to which the Secretary has
jurisdiction; and
[(B)(i) that includes Indian children or
adults as participants; or
[(ii) that may benefit Indian children or
adults;
[(2) make recommendations to the Secretary for
filling the position of Director of Indian Education
whenever a vacancy occurs; and
[(3) submit to Congress, not later than June 30 of
each year, a report on the activities of the Council,
including--
[(A) any recommendations that the Council
considers appropriate for the improvement of
Federal education programs that include Indian
children or adults as participants, or that may
benefit Indian children or adults; and
[(B) recommendations concerning the funding
of any program described in subparagraph (A).
[SEC. 7142. PEER REVIEW.
[The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2 or
subpart 3.
[SEC. 7143. PREFERENCE FOR INDIAN APPLICANTS.
[In making grants and entering into contracts or cooperative
agreements under subpart 2 or subpart 3, the Secretary shall
give a preference to Indian tribes, organizations, and
institutions of higher education under any program with respect
to which Indian tribes, organizations, and institutions are
eligible to apply for grants, contracts, or cooperative
agreements.
[SEC. 7144. MINIMUM GRANT CRITERIA.
[The Secretary may not approve an application for a grant,
contract, or cooperative agreement under subpart 2 or subpart 3
unless the application is for a grant, contract, or cooperative
agreement that is--
[(1) of sufficient size, scope, and quality to
achieve the purpose or objectives of such grant,
contract, or cooperative agreement; and
[(2) based on relevant research findings.
[Subpart 5--Definitions; Authorizations of Appropriations
[SEC. 7151. DEFINITIONS.
[For the purposes of this part:
[(1) Adult.--The term ``adult'' means an individual
who--
[(A) has attained the age of 16 years; or
[(B) has attained an age that is greater than
the age of compulsory school attendance under
an applicable State law.
[(2) Free public education.--The term ``free public
education'' means education that is--
[(A) provided at public expense, under public
supervision and direction, and without tuition
charge; and
[(B) provided as elementary or secondary
education in the applicable State or to
preschool children.
[(3) Indian.--The term ``Indian'' means an individual
who is--
[(A) a member of an Indian tribe or band, as
membership is defined by the tribe or band,
including--
[(i) any tribe or band terminated
since 1940; and
[(ii) any tribe or band recognized by
the State in which the tribe or band
resides;
[(B) a descendant, in the first or second
degree, of an individual described in
subparagraph (A);
[(C) considered by the Secretary of the
Interior to be an Indian for any purpose;
[(D) an Eskimo, Aleut, or other Alaska
Native; or
[(E) a member of an organized Indian group
that received a grant under the Indian
Education Act of 1988 as in effect the day
preceding the date of enactment of the
Improving America's Schools Act of 1994.
[SEC. 7152. AUTHORIZATIONS OF APPROPRIATIONS.
[(a) Subpart 1.--For the purpose of carrying out subpart 1,
there are authorized to be appropriated $96,400,000 for fiscal
year 2002 and such sums as may be necessary for each of the 5
succeeding fiscal years.
[(b) Subparts 2 and 3.--For the purpose of carrying out
subparts 2 and 3, there are authorized to be appropriated
$24,000,000 for fiscal year 2002 and such sums as may be
necessary for each of the 5 succeeding fiscal years.
[PART B--NATIVE HAWAIIAN EDUCATION
[SEC. 7201. SHORT TITLE.
[This part may be cited as the ``Native Hawaiian Education
Act''.
[SEC. 7202. FINDINGS.
[Congress finds the following:
[(1) Native Hawaiians are a distinct and unique
indigenous people with a historical continuity to the
original inhabitants of the Hawaiian archipelago, whose
society was organized as a nation and internationally
recognized as a nation by the United States, Britain,
France, and Japan, as evidenced by treaties governing
friendship, commerce, and navigation.
[(2) At the time of the arrival of the first
nonindigenous people in Hawaii in 1778, the Native
Hawaiian people lived in a highly organized, self-
sufficient subsistence social system based on a
communal land tenure system with a sophisticated
language, culture, and religion.
[(3) A unified monarchal government of the Hawaiian
Islands was established in 1810 under Kamehameha I, the
first King of Hawaii.
[(4) From 1826 until 1893, the United States
recognized the sovereignty and independence of the
Kingdom of Hawaii, which was established in 1810 under
Kamehameha I, extended full and complete diplomatic
recognition to the Kingdom of Hawaii, and entered into
treaties and conventions with the Kingdom of Hawaii to
govern friendship, commerce and navigation in 1826,
1842, 1849, 1875, and 1887.
[(5) In 1893, the sovereign, independent,
internationally recognized, and indigenous government
of Hawaii, the Kingdom of Hawaii, was overthrown by a
small group of non-Hawaiians, including United States
citizens, who were assisted in their efforts by the
United States Minister, a United States naval
representative, and armed naval forces of the United
States. Because of the participation of United States
agents and citizens in the overthrow of the Kingdom of
Hawaii, in 1993 the United States apologized to Native
Hawaiians for the overthrow and the deprivation of the
rights of Native Hawaiians to self-determination
through Public Law 103-150 (107 Stat. 1510).
[(6) In 1898, the joint resolution entitled ``Joint
Resolution to provide for annexing the Hawaiian Islands
to the United States'', approved July 7, 1898 (30 Stat.
750), ceded absolute title of all lands held by the
Republic of Hawaii, including the government and crown
lands of the former Kingdom of Hawaii, to the United
States, but mandated that revenue generated from the
lands be used ``solely for the benefit of the
inhabitants of the Hawaiian Islands for educational and
other public purposes''.
[(7) By 1919, the Native Hawaiian population had
declined from an estimated 1,000,000 in 1778 to an
alarming 22,600, and in recognition of this severe
decline, Congress enacted the Hawaiian Homes Commission
Act, 1920 (42 Stat. 108), which designated
approximately 200,000 acres of ceded public lands for
homesteading by Native Hawaiians.
[(8) Through the enactment of the Hawaiian Homes
Commission Act, 1920, Congress affirmed the special
relationship between the United States and the Native
Hawaiians, which was described by then Secretary of the
Interior Franklin K. Lane, who said: ``One thing that
impressed me... was the fact that the natives of the
island who are our wards, I should say, and for whom in
a sense we are trustees, are falling off rapidly in
numbers and many of them are in poverty.''.
[(9) In 1938, Congress again acknowledged the unique
status of the Hawaiian people by including in the Act
of June 20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C.
391b, 391b-1, 392b, 392c, 396, 396a), a provision to
lease lands within the National Parks extension to
Native Hawaiians and to permit fishing in the area
``only by native Hawaiian residents of said area or of
adjacent villages and by visitors under their
guidance.''.
[(10) Under the Act entitled ``An Act to provide for
the admission of the State of Hawaii into the Union'',
approved March 18, 1959 (73 Stat. 4), the United States
transferred responsibility for the administration of
the Hawaiian Home Lands to the State of Hawaii but
reaffirmed the trust relationship between the United
States and the Hawaiian people by retaining the
exclusive power to enforce the trust, including the
power to approve land exchanges and amendments to such
Act affecting the rights of beneficiaries under such
Act.
[(11) In 1959, under the Act entitled ``An Act to
provide for the admission of the State of Hawaii into
the Union'', the United States also ceded to the State
of Hawaii title to the public lands formerly held by
the United States, but mandated that such lands be held
by the State ``in public trust'' and reaffirmed the
special relationship that existed between the United
States and the Hawaiian people by retaining the legal
responsibility to enforce the public trust
responsibility of the State of Hawaii for the
betterment of the conditions of Native Hawaiians, as
defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
[(12) The United States has recognized and reaffirmed
that--
[(A) Native Hawaiians have a cultural,
historic, and land-based link to the indigenous
people who exercised sovereignty over the
Hawaiian Islands, and that group has never
relinquished its claims to sovereignty or its
sovereign lands;
[(B) Congress does not extend services to
Native Hawaiians because of their race, but
because of their unique status as the
indigenous people of a once sovereign nation as
to whom the United States has established a
trust relationship;
[(C) Congress has also delegated broad
authority to administer a portion of the
Federal trust responsibility to the State of
Hawaii;
[(D) the political status of Native Hawaiians
is comparable to that of American Indians and
Alaska Natives; and
[(E) the aboriginal, indigenous people of the
United States have--
[(i) a continuing right to autonomy
in their internal affairs; and
[(ii) an ongoing right of self-
determination and self-governance that
has never been extinguished.
[(13) The political relationship between the United
States and the Native Hawaiian people has been
recognized and reaffirmed by the United States, as
evidenced by the inclusion of Native Hawaiians in--
[(A) the Native American Programs Act of 1974
(42 U.S.C. 2991 et seq.);
[(B) the American Indian Religious Freedom
Act (42 U.S.C. 1996);
[(C) the National Museum of the American
Indian Act (20 U.S.C. 80q et seq.);
[(D) the Native American Graves Protection
and Repatriation Act (25 U.S.C. 3001 et seq.);
[(E) the National Historic Preservation Act
(16 U.S.C. 470 et seq.);
[(F) the Native American Languages Act (25
U.S.C. 2901 et seq.);
[(G) the American Indian, Alaska Native, and
Native Hawaiian Culture and Art Development Act
(20 U.S.C. 4401 et seq.);
[(H) the Workforce Investment Act of 1998 (29
U.S.C. 2801 et seq.); and
[(I) the Older Americans Act of 1965 (42
U.S.C. 3001 et seq.).
[(14) In 1981, Congress instructed the Office of
Education to submit to Congress a comprehensive report
on Native Hawaiian education. The report, entitled the
``Native Hawaiian Educational Assessment Project'', was
released in 1983 and documented that Native Hawaiians
scored below parity with regard to national norms on
standardized achievement tests, were disproportionately
represented in many negative social and physical
statistics indicative of special educational needs, and
had educational needs that were related to their unique
cultural situation, such as different learning styles
and low self-image.
[(15) In recognition of the educational needs of
Native Hawaiians, in 1988, Congress enacted title IV of
the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988
(102 Stat. 130) to authorize and develop supplemental
educational programs to address the unique conditions
of Native Hawaiians.
[(16) In 1993, the Kamehameha Schools Bishop Estate
released a 10-year update of findings of the Native
Hawaiian Educational Assessment Project, which found
that despite the successes of the programs established
under title IV of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement
Amendments of 1988, many of the same educational needs
still existed for Native Hawaiians. Subsequent reports
by the Kamehameha Schools Bishop Estate and other
organizations have generally confirmed those findings.
For example--
[(A) educational risk factors continue to
start even before birth for many Native
Hawaiian children, including--
[(i) late or no prenatal care;
[(ii) high rates of births by Native
Hawaiian women who are unmarried; and
[(iii) high rates of births to
teenage parents;
[(B) Native Hawaiian students continue to
begin their school experience lagging behind
other students in terms of readiness factors
such as vocabulary test scores;
[(C) Native Hawaiian students continue to
score below national norms on standardized
education achievement tests at all grade
levels;
[(D) both public and private schools continue
to show a pattern of lower percentages of
Native Hawaiian students in the uppermost
achievement levels and in gifted and talented
programs;
[(E) Native Hawaiian students continue to be
overrepresented among students qualifying for
special education programs provided to students
with learning disabilities, mild intellectual
disabilities, emotional impairment, and other
such disabilities;
[(F) Native Hawaiians continue to be
underrepresented in institutions of higher
education and among adults who have completed
four or more years of college;
[(G) Native Hawaiians continue to be
disproportionately represented in many negative
social and physical statistics indicative of
special educational needs, as demonstrated by
the fact that--
[(i) Native Hawaiian students are
more likely to be retained in grade
level and to be excessively absent in
secondary school;
[(ii) Native Hawaiian students have
the highest rates of drug and alcohol
use in the State of Hawaii; and
[(iii) Native Hawaiian children
continue to be disproportionately
victimized by child abuse and neglect;
and
[(H) Native Hawaiians now comprise over 23
percent of the students served by the State of
Hawaii Department of Education, and there are
and will continue to be geographically rural,
isolated areas with a high Native Hawaiian
population density.
[(17) In the 1998 National Assessment of Educational
Progress, Hawaiian fourth-graders ranked 39th among
groups of students from 39 States in reading. Given
that Hawaiian students rank among the lowest groups of
students nationally in reading, and that Native
Hawaiian students rank the lowest among Hawaiian
students in reading, it is imperative that greater
focus be placed on beginning reading and early
education and literacy in Hawaii.
[(18) The findings described in paragraphs (16) and
(17) are inconsistent with the high rates of literacy
and integration of traditional culture and Western
education historically achieved by Native Hawaiians
through a Hawaiian language-based public school system
established in 1840 by Kamehameha III.
[(19) Following the overthrow of the Kingdom of
Hawaii in 1893, Hawaiian medium schools were banned.
After annexation, throughout the territorial and
statehood period of Hawaii, and until 1986, use of the
Hawaiian language as an instructional medium in
education in public schools was declared unlawful. The
declaration caused incalculable harm to a culture that
placed a very high value on the power of language, as
exemplified in the traditional saying: ``I ka ''olelo
noN ola; I ka ''olelo no ka make. In the language rests
life; In the language rests death.''.
[(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are
determined to preserve, develop, and transmit to future
generations their ancestral territory and their
cultural identity in accordance with their own
spiritual and traditional beliefs, customs, practices,
language, and social institutions.
[(21) The State of Hawaii, in the constitution and
statutes of the State of Hawaii--
[(A) reaffirms and protects the unique right
of the Native Hawaiian people to practice and
perpetuate their culture and religious customs,
beliefs, practices, and language;
[(B) recognizes the traditional language of
the Native Hawaiian people as an official
language of the State of Hawaii, which may be
used as the language of instruction for all
subjects and grades in the public school
system; and
[(C) promotes the study of the Hawaiian
culture, language, and history by providing a
Hawaiian education program and using community
expertise as a suitable and essential means to
further the program.
[SEC. 7203. PURPOSES.
[The purposes of this part are to--
[(1) authorize and develop innovative educational
programs to assist Native Hawaiians;
[(2) provide direction and guidance to appropriate
Federal, State, and local agencies to focus resources,
including resources made available under this part, on
Native Hawaiian education, and to provide periodic
assessment and data collection;
[(3) supplement and expand programs and authorities
in the area of education to further the purposes of
this title; and
[(4) encourage the maximum participation of Native
Hawaiians in planning and management of Native Hawaiian
education programs.
[SEC. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.
[(a) Establishment of Native Hawaiian Education Council.--In
order to better effectuate the purposes of this part through
the coordination of educational and related services and
programs available to Native Hawaiians, including those
programs receiving funding under this part, the Secretary is
authorized to establish a Native Hawaiian Education Council
(hereafter in this part referred to as the ``Education
Council'').
[(b) Composition of Education Council.--The Education Council
shall consist of not more than 21 members, unless otherwise
determined by a majority of the council.
[(c) Conditions and Terms.--
[(1) Conditions.--At least 10 members of the
Education Council shall be Native Hawaiian education
service providers and 10 members of the Education
Council shall be Native Hawaiians or Native Hawaiian
education consumers. In addition, a representative of
the State of Hawaii Office of Hawaiian Affairs shall
serve as a member of the Education Council.
[(2) Appointments.--The members of the Education
Council shall be appointed by the Secretary based on
recommendations received from the Native Hawaiian
community.
[(3) Terms.--Members of the Education Council shall
serve for staggered terms of 3 years, except as
provided in paragraph (4).
[(4) Council determinations.--Additional conditions
and terms relating to membership on the Education
Council, including term lengths and term renewals,
shall be determined by a majority of the Education
Council.
[(d) Native Hawaiian Education Council Grant.--The Secretary
shall make a direct grant to the Education Council to carry out
the following activities:
[(1) Coordinate the educational and related services
and programs available to Native Hawaiians, including
the programs assisted under this part.
[(2) Assess the extent to which such services and
programs meet the needs of Native Hawaiians, and
collect data on the status of Native Hawaiian
education.
[(3) Provide direction and guidance, through the
issuance of reports and recommendations, to appropriate
Federal, State, and local agencies in order to focus
and improve the use of resources, including resources
made available under this part, relating to Native
Hawaiian education, and serve, where appropriate, in an
advisory capacity.
[(4) Make direct grants, if such grants enable the
Education Council to carry out the duties of the
Education Council, as described in paragraphs (1)
through (3).
[(e) Additional Duties of the Education Council.--
[(1) In general.--The Education Council shall provide
copies of any reports and recommendations issued by the
Education Council, including any information that the
Education Council provides to the Secretary pursuant to
subsection (i), to the Secretary, the Committee on
Education and the Workforce of the House of
Representatives, and the Committee on Indian Affairs of
the Senate.
[(2) Annual report.--The Education Council shall
prepare and submit to the Secretary an annual report on
the Education Council's activities.
[(3) Island council support and assistance.--The
Education Council shall provide such administrative
support and financial assistance to the island councils
established pursuant to subsection (f) as the Secretary
determines to be appropriate, in a manner that supports
the distinct needs of each island council.
[(f) Establishment of Island Councils.--
[(1) In general.--In order to better effectuate the
purposes of this part and to ensure the adequate
representation of island and community interests within
the Education Council, the Secretary is authorized to
facilitate the establishment of Native Hawaiian
education island councils (hereafter in this part
referred to as an ``island council'') for the following
islands:
[(A) Hawaii.
[(B) Maui.
[(C) Molokai.
[(D) Lanai.
[(E) Oahu.
[(F) Kauai.
[(G) Niihau.
[(2) Composition of island councils.--Each island
council shall consist of parents, students, and other
community members who have an interest in the education
of Native Hawaiians, and shall be representative of
individuals concerned with the educational needs of all
age groups, from children in preschool through adults.
At least three-fourths of the members of each island
council shall be Native Hawaiians.
[(g) Administrative Provisions Relating to Education Council
and Island Councils.--The Education Council and each island
council shall meet at the call of the chairperson of the
appropriate council, or upon the request of the majority of the
members of the appropriate council, but in any event not less
often than four times during each calendar year. The provisions
of the Federal Advisory Committee Act shall not apply to the
Education Council and each island council.
[(h) Compensation.--Members of the Education Council and each
island council shall not receive any compensation for service
on the Education Council and each island council, respectively.
[(i) Report.--Not later than 4 years after the date of
enactment of the No Child Left Behind Act of 2001, the
Secretary shall prepare and submit to the Committee on
Education and the Workforce of the House of Representatives and
the Committee on Indian Affairs of the Senate a report that
summarizes the annual reports of the Education Council,
describes the allocation and use of funds under this part, and
contains recommendations for changes in Federal, State, and
local policy to advance the purposes of this part.
[SEC. 7205. PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) Grants and contracts.--The Secretary is
authorized to make direct grants to, or enter into
contracts with--
[(A) Native Hawaiian educational
organizations;
[(B) Native Hawaiian community-based
organizations;
[(C) public and private nonprofit
organizations, agencies, and institutions with
experience in developing or operating Native
Hawaiian programs or programs of instruction in
the Native Hawaiian language; and
[(D) consortia of the organizations,
agencies, and institutions described in
subparagraphs (A) through (C),
to carry out programs that meet the purposes of this
part.
[(2) Priorities.--In awarding grants or contracts to
carry out activities described in paragraph (3), the
Secretary shall give priority to entities proposing
projects that are designed to address--
[(A) beginning reading and literacy among
students in kindergarten through third grade;
[(B) the needs of at-risk children and youth;
[(C) needs in fields or disciplines in which
Native Hawaiians are underemployed; and
[(D) the use of the Hawaiian language in
instruction.
[(3) Authorized activities.--Activities provided
through programs carried out under this part may
include--
[(A) the development and maintenance of a
statewide Native Hawaiian early education and
care system to provide a continuum of services
for Native Hawaiian children from the prenatal
period of the children through age 5;
[(B) the operation of family-based education
centers that provide such services as--
[(i) programs for Native Hawaiian
parents and their infants from the
prenatal period of the infants through
age 3;
[(ii) preschool programs for Native
Hawaiians; and
[(iii) research on, and development
and assessment of, family-based, early
childhood, and preschool programs for
Native Hawaiians;
[(C) activities that enhance beginning
reading and literacy in either the Hawaiian or
the English language among Native Hawaiian
students in kindergarten through third grade
and assistance in addressing the distinct
features of combined English and Hawaiian
literacy for Hawaiian speakers in fifth and
sixth grade;
[(D) activities to meet the special needs of
Native Hawaiian students with disabilities,
including--
[(i) the identification of such
students and their needs;
[(ii) the provision of support
services to the families of those
students; and
[(iii) other activities consistent
with the requirements of the
Individuals with Disabilities Education
Act;
[(E) activities that address the special
needs of Native Hawaiian students who are
gifted and talented, including--
[(i) educational, psychological, and
developmental activities designed to
assist in the educational progress of
those students; and
[(ii) activities that involve the
parents of those students in a manner
designed to assist in the students'
educational progress;
[(F) the development of academic and
vocational curricula to address the needs of
Native Hawaiian children and adults, including
curriculum materials in the Hawaiian language
and mathematics and science curricula that
incorporate Native Hawaiian tradition and
culture;
[(G) professional development activities for
educators, including--
[(i) the development of programs to
prepare prospective teachers to address
the unique needs of Native Hawaiian
students within the context of Native
Hawaiian culture, language, and
traditions;
[(ii) in-service programs to improve
the ability of teachers who teach in
schools with concentrations of Native
Hawaiian students to meet those
students' unique needs; and
[(iii) the recruitment and
preparation of Native Hawaiians, and
other individuals who live in
communities with a high concentration
of Native Hawaiians, to become
teachers;
[(H) the operation of community-based
learning centers that address the needs of
Native Hawaiian families and communities
through the coordination of public and private
programs and services, including--
[(i) preschool programs;
[(ii) after-school programs;
[(iii) vocational and adult education
programs; and
[(iv) programs that recognize and
support the unique cultural and
educational needs of Native Hawaiian
children, and incorporate appropriately
qualified Native Hawaiian elders and
seniors;
[(I) activities, including program co-
location, to enable Native Hawaiians to enter
and complete programs of postsecondary
education, including--
[(i) provision of full or partial
scholarships for undergraduate or
graduate study that are awarded to
students based on their academic
promise and financial need, with a
priority, at the graduate level, given
to students entering professions in
which Native Hawaiians are
underrepresented;
[(ii) family literacy services;
[(iii) counseling and support
services for students receiving
scholarship assistance;
[(iv) counseling and guidance for
Native Hawaiian secondary students who
have the potential to receive
scholarships; and
[(v) faculty development activities
designed to promote the matriculation
of Native Hawaiian students;
[(J) research and data collection activities
to determine the educational status and needs
of Native Hawaiian children and adults;
[(K) other research and evaluation activities
related to programs carried out under this
part; and
[(L) other activities, consistent with the
purposes of this part, to meet the educational
needs of Native Hawaiian children and adults.
[(4) Special rule and conditions.--
[(A) Institutions outside hawaii.--The
Secretary shall not establish a policy under
this section that prevents a Native Hawaiian
student enrolled at a 2- or 4-year degree
granting institution of higher education
outside of the State of Hawaii from receiving a
scholarship pursuant to paragraph (3)(I).
[(B) Scholarship conditions.--The Secretary
shall establish conditions for receipt of a
scholarship awarded under paragraph (3)(I). The
conditions shall require that an individual
seeking such a scholarship enter into a
contract to provide professional services,
either during the scholarship period or upon
completion of a program of postsecondary
education, to the Native Hawaiian community.
[(b) Administrative Costs.--Not more than 5 percent of funds
provided to a recipient of a grant or contract under subsection
(a) for any fiscal year may be used for administrative
purposes.
[(c) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section and section 7204
such sums as may be necessary for fiscal year 2002 and
each of the 5 succeeding fiscal years.
[(2) Reservation.--Of the funds appropriated under
this subsection, the Secretary shall reserve $500,000
for fiscal year 2002 and each of the 5 succeeding
fiscal years to make a direct grant to the Education
Council to carry out section 7204.
[(3) Availability.--Funds appropriated under this
subsection shall remain available until expended.
[SEC. 7206. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may determine to
be necessary to carry out the provisions of this part.
[(b) Special Rule.--Each applicant for a grant or contract
under this part shall submit the application for comment to the
local educational agency serving students who will participate
in the program to be carried out under the grant or contract,
and include those comments, if any, with the application to the
Secretary.
[SEC. 7207. DEFINITIONS.
[In this part:
[(1) Native hawaiian.--The term ``Native Hawaiian''
means any individual who is--
[(A) a citizen of the United States; and
[(B) a descendant of the aboriginal people
who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the
State of Hawaii, as evidenced by--
[(i) genealogical records;
[(ii) Kupuna (elders) or Kamaaina
(long-term community residents)
verification; or
[(iii) certified birth records.
[(2) Native hawaiian community-based organization.--
The term ``Native Hawaiian community-based
organization'' means any organization that is composed
primarily of Native Hawaiians from a specific community
and that assists in the social, cultural, and
educational development of Native Hawaiians in that
community.
[(3) Native hawaiian educational organization.--The
term ``Native Hawaiian educational organization'' means
a private nonprofit organization that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
[(C) incorporates Native Hawaiian
perspective, values, language, culture, and
traditions into the core function of the
organization;
[(D) has demonstrated expertise in the
education of Native Hawaiian youth; and
[(E) has demonstrated expertise in research
and program development.
[(4) Native hawaiian language.--The term ``Native
Hawaiian language'' means the single Native American
language indigenous to the original inhabitants of the
State of Hawaii.
[(5) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit
organization that--
[(A) serves the interests of Native
Hawaiians;
[(B) has Native Hawaiians in substantive and
policymaking positions within the organization;
and
[(C) is recognized by the Governor of Hawaii
for the purpose of planning, conducting, or
administering programs (or portions of
programs) for the benefit of Native Hawaiians.
[(6) Office of hawaiian affairs.--The term ``Office
of Hawaiian Affairs'' means the Office of Hawaiian
Affairs established by the Constitution of the State of
Hawaii.
[PART C--ALASKA NATIVE EDUCATION
[SEC. 7301. SHORT TITLE.
[This part may be cited as the ``Alaska Native Educational
Equity, Support, and Assistance Act''.
[SEC. 7302. FINDINGS.
[Congress finds and declares the following:
[(1) The attainment of educational success is
critical to the betterment of the conditions, long-term
well-being, and preservation of the culture of Alaska
Natives.
[(2) It is the policy of the Federal Government to
encourage the maximum participation by Alaska Natives
in the planning and the management of Alaska Native
education programs.
[(3) Alaska Native children enter and exit school
with serious educational handicaps.
[(4) The educational achievement of Alaska Native
children is far below national norms. Native
performance on standardized tests is low, Native
student dropout rates are high, and Natives are
significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a
result, Native students are being denied their
opportunity to become full participants in society by
grade school and high school educations that are
condemning an entire generation to an underclass status
and a life of limited choices.
[(5) The programs authorized in this part, combined
with expanded Head Start, infant learning, and early
childhood education programs, and parent education
programs, are essential if educational handicaps are to
be overcome.
[(6) The sheer magnitude of the geographic barriers
to be overcome in delivering educational services in
rural Alaska and Alaska villages should be addressed
through the development and implementation of
innovative, model programs in a variety of areas.
[(7) Native children should be afforded the
opportunity to begin their formal education on a par
with their non-Native peers. The Federal Government
should lend support to efforts developed by and
undertaken within the Alaska Native community to
improve educational opportunity for all students.
[SEC. 7303. PURPOSES.
[The purposes of this part are as follows:
[(1) To recognize the unique educational needs of
Alaska Natives.
[(2) To authorize the development of supplemental
educational programs to benefit Alaska Natives.
[(3) To supplement existing programs and authorities
in the area of education to further the purposes of
this part.
[(4) To provide direction and guidance to appropriate
Federal, State and local agencies to focus resources,
including resources made available under this part, on
meeting the educational needs of Alaska Natives.
[SEC. 7304. PROGRAM AUTHORIZED.
[(a) General Authority.--
[(1) Grants and contracts.--The Secretary is
authorized to make grants to, or enter into contracts
with, Alaska Native organizations, educational entities
with experience in developing or operating Alaska
Native programs or programs of instruction conducted in
Alaska Native languages, cultural and community-based
organizations with experience in developing or
operating programs to benefit Alaska Natives, and
consortia of organizations and entities described in
this paragraph to carry out programs that meet the
purposes of this part.
[(2) Permissible activities.--Activities provided
through programs carried out under this part may
include the following:
[(A) The development and implementation of
plans, methods, and strategies to improve the
education of Alaska Natives.
[(B) The development of curricula and
educational programs that address the
educational needs of Alaska Native students,
including the following:
[(i) Curriculum materials that
reflect the cultural diversity or the
contributions of Alaska Natives.
[(ii) Instructional programs that
make use of Native Alaskan languages.
[(iii) Networks that introduce
successful programs, materials, and
techniques to urban and rural schools.
[(C) Professional development activities for
educators, including the following:
[(i) Programs to prepare teachers to
address the cultural diversity and
unique needs of Alaska Native students.
[(ii) In-service programs to improve
the ability of teachers to meet the
unique needs of Alaska Native students.
[(iii) Recruitment and preparation of
teachers who are Alaska Native, reside
in communities with high concentrations
of Alaska Native students, or are
likely to succeed as teachers in
isolated, rural communities and engage
in cross-cultural instruction in
Alaska.
[(D) The development and operation of home
instruction programs for Alaska Native
preschool children, to ensure the active
involvement of parents in their children's
education from the earliest ages.
[(E) Family literacy services.
[(F) The development and operation of student
enrichment programs in science and mathematics
that--
[(i) are designed to prepare Alaska
Native students from rural areas, who
are preparing to enter secondary
school, to excel in science and math;
[(ii) provide appropriate support
services to the families of such
students that are needed to enable such
students to benefit from the programs;
and
[(iii) may include activities that
recognize and support the unique
cultural and educational needs of
Alaska Native children, and incorporate
appropriately qualified Alaska Native
elders and seniors.
[(G) Research and data collection activities
to determine the educational status and needs
of Alaska Native children and adults.
[(H) Other research and evaluation activities
related to programs carried out under this
part.
[(I) Remedial and enrichment programs to
assist Alaska Native students in performing at
a high level on standardized tests.
[(J) Education and training of Alaska Native
students enrolled in a degree program that will
lead to certification or licensing as teachers.
[(K) Parenting education for parents and
caregivers of Alaska Native children to improve
parenting and caregiving skills (including
skills relating to discipline and cognitive
development), including parenting education
provided through in-home visitation of new
mothers.
[(L) Cultural education programs operated by
the Alaska Native Heritage Center and designed
to share the Alaska Native culture with
students.
[(M) A cultural exchange program operated by
the Alaska Humanities Forum and designed to
share Alaska Native culture with urban students
in a rural setting, which shall be known as the
Rose Cultural Exchange Program.
[(N) Activities carried out through Even
Start programs carried out under subpart 3 of
part B of title I and Head Start programs
carried out under the Head Start Act, including
the training of teachers for programs described
in this subparagraph.
[(O) Other early learning and preschool
programs.
[(P) Dropout prevention programs operated by
the Cook Inlet Tribal Council's Partners for
Success program.
[(Q) An Alaska Initiative for Community
Engagement program.
[(R) Career preparation activities to enable
Alaska Native children and adults to prepare
for meaningful employment, including programs
providing tech-prep, mentoring, training, and
apprenticeship activities.
[(S) Provision of operational support and
purchasing of equipment, to develop regional
vocational schools in rural areas of Alaska,
including boarding schools, for Alaska Native
students in grades 9 through 12, or at higher
levels of education, to provide the students
with necessary resources to prepare for skilled
employment opportunities.
[(T) Other activities, consistent with the
purposes of this part, to meet the educational
needs of Alaska Native children and adults.
[(3) Home instruction programs.--Home instruction
programs for Alaska Native preschool children carried
out under paragraph (2)(D) may include the following:
[(A) Programs for parents and their infants,
from the prenatal period of the infant through
age 3.
[(B) Preschool programs.
[(C) Training, education, and support for
parents in such areas as reading readiness,
observation, story telling, and critical
thinking.
[(b) Limitation on Administrative Costs.--Not more than 5
percent of funds provided to a grantee under this section for
any fiscal year may be used for administrative purposes.
[(c) Priorities.--In awarding grants or contracts to carry
out activities described in subsection (a)(2), except for
activities listed in subsection (d)(2), the Secretary shall
give priority to applications from Alaska Native regional
nonprofit organizations, or consortia that include at least one
Alaska Native regional nonprofit organization.
[(d) Authorization of Appropriations.--
[(1) In general.--There are authorized to be
appropriated to carry out this section such sums as may
be necessary for fiscal year 2002 and each of the 5
succeeding fiscal years.
[(2) Availability of funds.--Of the funds
appropriated and made available under this section for
a fiscal year, the Secretary shall make available--
[(A) not less than $1,000,000 to support
activities described in subsection (a)(2)(K);
[(B) not less than $1,000,000 to support
activities described in subsection (a)(2)(L);
[(C) not less than $1,000,000 to support
activities described in subsection (a)(2)(M);
[(D) not less than $2,000,000 to support
activities described in subsection (a)(2)(P);
and
[(E) not less than $2,000,000 to support
activities described in subsection (a)(2)(Q).
[SEC. 7305. ADMINISTRATIVE PROVISIONS.
[(a) Application Required.--No grant may be made under this
part, and no contract may be entered into under this part,
unless the entity seeking the grant or contract submits an
application to the Secretary in such form, in such manner, and
containing such information as the Secretary may determine
necessary to carry out the provisions of this part.
[(b) Applications.--A State educational agency or local
educational agency may apply for an award under this part only
as part of a consortium involving an Alaska Native
organization. The consortium may include other eligible
applicants.
[(c) Consultation Required.--Each applicant for an award
under this part shall provide for ongoing advice from and
consultation with representatives of the Alaska Native
community.
[(d) Local Educational Agency Coordination.--Each applicant
for an award under this part shall inform each local
educational agency serving students who would participate in
the program to be carried out under the grant or contract about
the application.
[SEC. 7306. DEFINITIONS.
[In this part:
[(1) Alaska native.--The term ``Alaska Native'' has
the same meaning as the term ``Native'' has in section
3(b) of the Alaska Native Claims Settlement Act.
[(2) Alaska native organization.--The term ``Alaska
Native organization'' means a federally recognized
tribe, consortium of tribes, regional nonprofit Native
association, and another organization that--
[(A) has or commits to acquire expertise in
the education of Alaska Natives; and
[(B) has Alaska Natives in substantive and
policymaking positions within the
organization.]
* * * * * * *
[TITLE IX--GENERAL PROVISIONS
[PART A--DEFINITIONS
[SEC. 9101. DEFINITIONS.
[Except as otherwise provided, in this Act:
[(1) Average daily attendance.--
[(A) In general.--Except as provided
otherwise by State law or this paragraph, the
term ``average daily attendance'' means--
[(i) the aggregate number of days of
attendance of all students during a
school year; divided by
[(ii) the number of days school is in
session during that year.
[(B) Conversion.--The Secretary shall permit
the conversion of average daily membership (or
other similar data) to average daily attendance
for local educational agencies in States that
provide State aid to local educational agencies
on the basis of average daily membership (or
other similar data).
[(C) Special rule.--If the local educational
agency in which a child resides makes a tuition
or other payment for the free public education
of the child in a school located in another
school district, the Secretary shall, for the
purpose of this Act--
[(i) consider the child to be in
attendance at a school of the agency
making the payment; and
[(ii) not consider the child to be in
attendance at a school of the agency
receiving the payment.
[(D) Children with disabilities.--If a local
educational agency makes a tuition payment to a
private school or to a public school of another
local educational agency for a child with a
disability, as defined in section 602 of the
Individuals with Disabilities Education Act,
the Secretary shall, for the purpose of this
Act, consider the child to be in attendance at
a school of the agency making the payment.
[(2) Average per-pupil expenditure.--The term
``average per-pupil expenditure'' means, in the case of
a State or of the United States--
[(A) without regard to the source of funds--
[(i) the aggregate current
expenditures, during the third fiscal
year preceding the fiscal year for
which the determination is made (or, if
satisfactory data for that year are not
available, during the most recent
preceding fiscal year for which
satisfactory data are available) of all
local educational agencies in the State
or, in the case of the United States,
for all States (which, for the purpose
of this paragraph, means the 50 States
and the District of Columbia); plus
[(ii) any direct current expenditures
by the State for the operation of those
agencies; divided by
[(B) the aggregate number of children in
average daily attendance to whom those agencies
provided free public education during that
preceding year.
[(3) Beginning teacher.--The term ``beginning
teacher'' means a teacher in a public school who has
been teaching less than a total of three complete
school years.
[(4) Child.--The term ``child'' means any person
within the age limits for which the State provides free
public education.
[(5) Child with a disability.--The term ``child with
a disability'' has the same meaning given that term in
section 602 of the Individuals with Disabilities
Education Act.
[(6) Community-based organization.--The term
``community-based organization'' means a public or
private nonprofit organization of demonstrated
effectiveness that--
[(A) is representative of a community or
significant segments of a community; and
[(B) provides educational or related services
to individuals in the community.
[(7) Consolidated local application.--The term
``consolidated local application'' means an application
submitted by a local educational agency pursuant to
section 9305.
[(8) Consolidated local plan.--The term
``consolidated local plan'' means a plan submitted by a
local educational agency pursuant to section 9305.
[(9) Consolidated state application.--The term
``consolidated State application'' means an application
submitted by a State educational agency pursuant to
section 9302.
[(10) Consolidated state plan.--The term
``consolidated State plan'' means a plan submitted by a
State educational agency pursuant to section 9302.
[(11) Core academic subjects.--The term ``core
academic subjects'' means English, reading or language
arts, mathematics, science, foreign languages, civics
and government, economics, arts, history, and
geography.
[(12) County.--The term ``county'' means one of the
divisions of a State used by the Secretary of Commerce
in compiling and reporting data regarding counties.
[(13) Covered program.--The term ``covered program''
means each of the programs authorized by--
[(A) part A of title I;
[(B) subpart 3 of part B of title I;
[(C) part C of title I;
[(D) part D of title I;
[(E) part F of title I;
[(F) part A of title II;
[(G) part D of title II;
[(H) part A of title III;
[(I) part A of title IV;
[(J) part B of title IV;
[(K) part A of title V; and
[(L) subpart 2 of part B of title VI.
[(14) Current expenditures.--The term ``current
expenditures'' means expenditures for free public
education--
[(A) including expenditures for
administration, instruction, attendance and
health services, pupil transportation services,
operation and maintenance of plant, fixed
charges, and net expenditures to cover deficits
for food services and student body activities;
but
[(B) not including expenditures for community
services, capital outlay, and debt service, or
any expenditures made from funds received under
title I and part A of title V.
[(15) Department.--The term ``Department'' means the
Department of Education.
[(16) Distance learning.--The term ``distance
learning'' means the transmission of educational or
instructional programming to geographically dispersed
individuals and groups via telecommunications.
[(17) Educational service agency.--The term
``educational service agency'' means a regional public
multiservice agency authorized by State statute to
develop, manage, and provide services or programs to
local educational agencies.
[(18) Elementary school.--The term ``elementary
school'' means a nonprofit institutional day or
residential school, including a public elementary
charter school, that provides elementary education, as
determined under State law.
[(19) Exemplary teacher.--The term ``exemplary
teacher'' means a teacher who--
[(A) is a highly qualified teacher such as a
master teacher;
[(B) has been teaching for at least 5 years
in a public or private school or institution of
higher education;
[(C) is recommended to be an exemplary
teacher by administrators and other teachers
who are knowledgeable about the individual's
performance;
[(D) is currently teaching and based in a
public school; and
[(E) assists other teachers in improving
instructional strategies, improves the skills
of other teachers, performs teacher mentoring,
develops curricula, and offers other
professional development.
[(20) Family literacy services.--The term ``family
literacy services'' means services provided to
participants on a voluntary basis that are of
sufficient intensity in terms of hours, and of
sufficient duration, to make sustainable changes in a
family, and that integrate all of the following
activities:
[(A) Interactive literacy activities between
parents and their children.
[(B) Training for parents regarding how to be
the primary teacher for their children and full
partners in the education of their children.
[(C) Parent literacy training that leads to
economic self-sufficiency.
[(D) An age-appropriate education to prepare
children for success in school and life
experiences.
[(21) Free public education.--The term ``free public
education'' means education that is provided--
[(A) at public expense, under public
supervision and direction, and without tuition
charge; and
[(B) as elementary school or secondary school
education as determined under applicable State
law, except that the term does not include any
education provided beyond grade 12.
[(22) Gifted and talented.--The term ``gifted and
talented'', when used with respect to students,
children, or youth, means students, children, or youth
who give evidence of high achievement capability in
areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields,
and who need services or activities not ordinarily
provided by the school in order to fully develop those
capabilities.
[(23) Highly qualified.--The term ``highly
qualified''--
[(A) when used with respect to any public
elementary school or secondary school teacher
teaching in a State, means that--
[(i) the teacher has obtained full
State certification as a teacher
(including certification obtained
through alternative routes to
certification) or passed the State
teacher licensing examination, and
holds a license to teach in such State,
except that when used with respect to
any teacher teaching in a public
charter school, the term means that the
teacher meets the requirements set
forth in the State's public charter
school law; and
[(ii) the teacher has not had
certification or licensure requirements
waived on an emergency, temporary, or
provisional basis;
[(B) when used with respect to--
[(i) an elementary school teacher who
is new to the profession, means that
the teacher--
[(I) holds at least a
bachelor's degree; and
[(II) has demonstrated, by
passing a rigorous State test,
subject knowledge and teaching
skills in reading, writing,
mathematics, and other areas of
the basic elementary school
curriculum (which may consist
of passing a State-required
certification or licensing test
or tests in reading, writing,
mathematics, and other areas of
the basic elementary school
curriculum); or
[(ii) a middle or secondary school
teacher who is new to the profession,
means that the teacher holds at least a
bachelor's degree and has demonstrated
a high level of competency in each of
the academic subjects in which the
teacher teaches by--
[(I) passing a rigorous State
academic subject test in each
of the academic subjects in
which the teacher teaches
(which may consist of a passing
level of performance on a
State-required certification or
licensing test or tests in each
of the academic subjects in
which the teacher teaches); or
[(II) successful completion,
in each of the academic
subjects in which the teacher
teaches, of an academic major,
a graduate degree, coursework
equivalent to an undergraduate
academic major, or advanced
certification or credentialing;
and
[(C) when used with respect to an elementary,
middle, or secondary school teacher who is not
new to the profession, means that the teacher
holds at least a bachelor's degree and--
[(i) has met the applicable standard
in clause (i) or (ii) of subparagraph
(B), which includes an option for a
test; or
[(ii) demonstrates competence in all
the academic subjects in which the
teacher teaches based on a high
objective uniform State standard of
evaluation that--
[(I) is set by the State for
both grade appropriate academic
subject matter knowledge and
teaching skills;
[(II) is aligned with
challenging State academic
content and student academic
achievement standards and
developed in consultation with
core content specialists,
teachers, principals, and
school administrators;
[(III) provides objective,
coherent information about the
teacher's attainment of core
content knowledge in the
academic subjects in which a
teacher teaches;
[(IV) is applied uniformly to
all teachers in the same
academic subject and the same
grade level throughout the
State;
[(V) takes into
consideration, but not be based
primarily on, the time the
teacher has been teaching in
the academic subject;
[(VI) is made available to
the public upon request; and
[(VII) may involve multiple,
objective measures of teacher
competency.
[(24) Institution of higher education.--The term
``institution of higher education'' has the meaning
given that term in section 101(a) of the Higher
Education Act of 1965.
[(25) Limited english proficient.--The term ``limited
English proficient'', when used with respect to an
individual, means an individual--
[(A) who is aged 3 through 21;
[(B) who is enrolled or preparing to enroll
in an elementary school or secondary school;
[(C)(i) who was not born in the United States
or whose native language is a language other
than English;
[(ii)(I) who is a Native American or Alaska
Native, or a native resident of the outlying
areas; and
[(II) who comes from an environment where a
language other than English has had a
significant impact on the individual's level of
English language proficiency; or
[(iii) who is migratory, whose native
language is a language other than English, and
who comes from an environment where a language
other than English is dominant; and
[(D) whose difficulties in speaking, reading,
writing, or understanding the English language
may be sufficient to deny the individual--
[(i) the ability to meet the State's
proficient level of achievement on
State assessments described in section
1111(b)(3);
[(ii) the ability to successfully
achieve in classrooms where the
language of instruction is English; or
[(iii) the opportunity to participate
fully in society.
[(26) Local educational agency.--
[(A) In general.--The term ``local
educational agency'' means a public board of
education or other public authority legally
constituted within a State for either
administrative control or direction of, or to
perform a service function for, public
elementary schools or secondary schools in a
city, county, township, school district, or
other political subdivision of a State, or of
or for a combination of school districts or
counties that is recognized in a State as an
administrative agency for its public elementary
schools or secondary schools.
[(B) Administrative control and direction.--
The term includes any other public institution
or agency having administrative control and
direction of a public elementary school or
secondary school.
[(C) BIA schools.--The term includes an
elementary school or secondary school funded by
the Bureau of Indian Affairs but only to the
extent that including the school makes the
school eligible for programs for which specific
eligibility is not provided to the school in
another provision of law and the school does
not have a student population that is smaller
than the student population of the local
educational agency receiving assistance under
this Act with the smallest student population,
except that the school shall not be subject to
the jurisdiction of any State educational
agency other than the Bureau of Indian Affairs.
[(D) Educational service agencies.--The term
includes educational service agencies and
consortia of those agencies.
[(E) State educational agency.--The term
includes the State educational agency in a
State in which the State educational agency is
the sole educational agency for all public
schools.
[(27) Mentoring.--The term ``mentoring'', except when
used to refer to teacher mentoring, means a process by
which a responsible adult, postsecondary student, or
secondary school student works with a child to provide
a positive role model for the child, to establish a
supportive relationship with the child, and to provide
the child with academic assistance and exposure to new
experiences and examples of opportunity that enhance
the ability of the child to become a responsible adult.
[(28) Native american and native american language.--
The terms ``Native American'' and ``Native American
language'' have the same meaning given those terms in
section 103 of the Native American Languages Act of
1990.
[(29) Other staff.--The term ``other staff'' means
pupil services personnel, librarians, career guidance
and counseling personnel, education aides, and other
instructional and administrative personnel.
[(30) Outlying area.--The term ``outlying area''
means the United States Virgin Islands, Guam, American
Samoa, and the Commonwealth of the Northern Mariana
Islands, and for the purpose of section 1121(b) and any
other discretionary grant program under this Act,
includes the freely associated states of the Republic
of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau until an
agreement for the extension of United States education
assistance under the Compact of Free Association for
each of the freely associated states becomes effective
after the date of enactment of the No Child Left Behind
Act of 2001.
[(31) Parent.--The term ``parent'' includes a legal
guardian or other person standing in loco parentis
(such as a grandparent or stepparent with whom the
child lives, or a person who is legally responsible for
the child's welfare).
[(32) Parental involvement.--The term ``parental
involvement'' means the participation of parents in
regular, two-way, and meaningful communication
involving student academic learning and other school
activities, including ensuring--
[(A) that parents play an integral role in
assisting their child's learning;
[(B) that parents are encouraged to be
actively involved in their child's education at
school;
[(C) that parents are full partners in their
child's education and are included, as
appropriate, in decisionmaking and on advisory
committees to assist in the education of their
child;
[(D) the carrying out of other activities,
such as those described in section 1118.
[(33) Poverty line.--The term ``poverty line'' means
the poverty line (as defined by the Office of
Management and Budget and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act) applicable to a family of the
size involved.
[(34) Professional development.--The term
``professional development''--
[(A) includes activities that--
[(i) improve and increase teachers'
knowledge of the academic subjects the
teachers teach, and enable teachers to
become highly qualified;
[(ii) are an integral part of broad
schoolwide and districtwide educational
improvement plans;
[(iii) give teachers, principals, and
administrators the knowledge and skills
to provide students with the
opportunity to meet challenging State
academic content standards and student
academic achievement standards;
[(iv) improve classroom management
skills;
[(v)(I) are high quality, sustained,
intensive, and classroom-focused in
order to have a positive and lasting
impact on classroom instruction and the
teacher's performance in the classroom;
and
[(II) are not 1-day or short-term
workshops or conferences;
[(vi) support the recruiting, hiring,
and training of highly qualified
teachers, including teachers who became
highly qualified through State and
local alternative routes to
certification;
[(vii) advance teacher understanding
of effective instructional strategies
that are--
[(I) based on scientifically
based research (except that
this subclause shall not apply
to activities carried out under
part D of title II); and
[(II) strategies for
improving student academic
achievement or substantially
increasing the knowledge and
teaching skills of teachers;
and
[(viii) are aligned with and directly
related to--
[(I) State academic content
standards, student academic
achievement standards, and
assessments; and
[(II) the curricula and
programs tied to the standards
described in subclause (I)
except that this subclause
shall not apply to activities
described in clauses (ii) and
(iii) of section 2123(3)(B);
[(ix) are developed with extensive
participation of teachers, principals,
parents, and administrators of schools
to be served under this Act;
[(x) are designed to give teachers of
limited English proficient children,
and other teachers and instructional
staff, the knowledge and skills to
provide instruction and appropriate
language and academic support services
to those children, including the
appropriate use of curricula and
assessments;
[(xi) to the extent appropriate,
provide training for teachers and
principals in the use of technology so
that technology and technology
applications are effectively used in
the classroom to improve teaching and
learning in the curricula and core
academic subjects in which the teachers
teach;
[(xii) as a whole, are regularly
evaluated for their impact on increased
teacher effectiveness and improved
student academic achievement, with the
findings of the evaluations used to
improve the quality of professional
development;
[(xiii) provide instruction in
methods of teaching children with
special needs;
[(xiv) include instruction in the use
of data and assessments to inform and
instruct classroom practice; and
[(xv) include instruction in ways
that teachers, principals, pupil
services personnel, and school
administrators may work more
effectively with parents; and
[(B) may include activities that--
[(i) involve the forming of
partnerships with institutions of
higher education to establish school-
based teacher training programs that
provide prospective teachers and
beginning teachers with an opportunity
to work under the guidance of
experienced teachers and college
faculty;
[(ii) create programs to enable
paraprofessionals (assisting teachers
employed by a local educational agency
receiving assistance under part A of
title I) to obtain the education
necessary for those paraprofessionals
to become certified and licensed
teachers; and
[(iii) provide follow-up training to
teachers who have participated in
activities described in subparagraph
(A) or another clause of this
subparagraph that are designed to
ensure that the knowledge and skills
learned by the teachers are implemented
in the classroom.
[(35) Public telecommunications entity.--The term
``public telecommunications entity'' has the meaning
given that term in section 397(12) of the
Communications Act of 1934.
[(36) Pupil services personnel; pupil services.--
[(A) Pupil services personnel.--The term
``pupil services personnel'' means school
counselors, school social workers, school
psychologists, and other qualified professional
personnel involved in providing assessment,
diagnosis, counseling, educational,
therapeutic, and other necessary services
(including related services as that term is
defined in section 602 of the Individuals with
Disabilities Education Act) as part of a
comprehensive program to meet student needs.
[(B) Pupil services.--The term ``pupil
services'' means the services provided by pupil
services personnel.
[(37) Scientifically based research.--The term
``scientifically based research''--
[(A) means research that involves the
application of rigorous, systematic, and
objective procedures to obtain reliable and
valid knowledge relevant to education
activities and programs; and
[(B) includes research that--
[(i) employs systematic, empirical
methods that draw on observation or
experiment;
[(ii) involves rigorous data analyses
that are adequate to test the stated
hypotheses and justify the general
conclusions drawn;
[(iii) relies on measurements or
observational methods that provide
reliable and valid data across
evaluators and observers, across
multiple measurements and observations,
and across studies by the same or
different investigators;
[(iv) is evaluated using experimental
or quasi-experimental designs in which
individuals, entities, programs, or
activities are assigned to different
conditions and with appropriate
controls to evaluate the effects of the
condition of interest, with a
preference for random-assignment
experiments, or other designs to the
extent that those designs contain
within-condition or across-condition
controls;
[(v) ensures that experimental
studies are presented in sufficient
detail and clarity to allow for
replication or, at a minimum, offer the
opportunity to build systematically on
their findings; and
[(vi) has been accepted by a peer-
reviewed journal or approved by a panel
of independent experts through a
comparably rigorous, objective, and
scientific review.
[(38) Secondary school.--The term ``secondary
school'' means a nonprofit institutional day or
residential school, including a public secondary
charter school, that provides secondary education, as
determined under State law, except that the term does
not include any education beyond grade 12.
[(39) Secretary.--The term ``Secretary'' means the
Secretary of Education.
[State.--The term ``State'' means each of the 50
States, the District of Columbia, the Commonwealth of
Puerto Rico, and each of the outlying areas.
[(41) State educational agency.--The term ``State
educational agency'' means the agency primarily
responsible for the State supervision of public
elementary schools and secondary schools.
[(42) Teacher mentoring.--The term ``teacher
mentoring'' means activities that--
[(A) consist of structured guidance and
regular and ongoing support for teachers,
especially beginning teachers, that--
[(i) are designed to help the
teachers continue to improve their
practice of teaching and to develop
their instructional skills; and
[part of an ongoing developmental
induction process--
[(I) involve the assistance
of an exemplary teacher and
other appropriate individuals
from a school, local
educational agency, or
institution of higher
education; and
[(II) may include coaching,
classroom observation, team
teaching, and reduced teaching
loads; and
[(B) may include the establishment of a
partnership by a local educational agency with
an institution of higher education, another
local educational agency, a teacher
organization, or another organization.
[(43) Technology.--The term ``technology'' means
state-of-the-art technology products and services.
[SEC. 9102. APPLICABILITY OF TITLE.
[Parts B, C, D, and E of this title do not apply to title
VIII of this Act.
[SEC. 9103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.
[For the purpose of any competitive program under this Act--
[(1) a consortium of schools operated by the Bureau
of Indian Affairs;
[(2) a school operated under a contract or grant with
the Bureau of Indian Affairs in consortium with another
contract or grant school or a tribal or community
organization; or
[(3) a Bureau of Indian Affairs school in consortium
with an institution of higher education, a contract or
grant school, or a tribal or community organization,
shall be given the same consideration as a local educational
agency.
[PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
[SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY
AND SECONDARY EDUCATION PROGRAMS.
[(a) Consolidation of Administrative Funds.--
[(1) In general.--A State educational agency may
consolidate the amounts specifically made available to
it for State administration under one or more of the
programs under paragraph (2) if the State educational
agency can demonstrate that the majority of its
resources are derived from non-Federal sources.
[(2) Applicability.--This section applies to any
program under this Act under which funds are authorized
to be used for administration, and such other programs
as the Secretary may designate.
[(b) Use of funds.--
[(1) In general.--A State educational agency shall
use the amount available under this section for the
administration of the programs included in the
consolidation under subsection (a).
[(2) Additional uses.--A State educational agency may
also use funds available under this section for
administrative activities designed to enhance the
effective and coordinated use of funds under programs
included in the consolidation under subsection (a),
such as--
[(A) the coordination of those programs with
other Federal and non-Federal programs;
[(B) the establishment and operation of peer-
review mechanisms under this Act;
[(C) the administration of this title;
[(D) the dissemination of information
regarding model programs and practices;
[(E) technical assistance under any program
under this Act;
[(F) State-level activities designed to carry
out this title;
[(G) training personnel engaged in audit and
other monitoring activities; and
[(H) implementation of the Cooperative Audit
Resolution and Oversight Initiative of the
Department.
[(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of programs included in
the consolidation under subsection (a).
[(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may
periodically review the performance of State educational
agencies in using consolidated administrative funds under this
section and take such steps as the Secretary finds appropriate
to ensure the effectiveness of that administration.
[(e) Unused Administrative Funds.--If a State educational
agency does not use all of the funds available to the agency
under this section for administration, the agency may use those
funds during the applicable period of availability as funds
available under one or more programs included in the
consolidation under subsection (a).
[(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State academic
standards and assessments, a State educational agency may
consolidate the amounts described in subsection (a) for those
purposes under title I.
[SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
[A State educational agency that also serves as a local
educational agency shall, in its applications or plans under
this Act, describe how the agency will eliminate duplication in
conducting administrative functions.
[SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
[(a) General Authority.--In accordance with regulations of
the Secretary and for any fiscal year, a local educational
agency, with the approval of its State educational agency, may
consolidate and use for the administration of one or more
programs under this Act (or such other programs as the
Secretary shall designate) not more than the percentage,
established in each program, of the total available for the
local educational agency under those programs.
[(b) State Procedures.--Within 1 year after the date of
enactment of the No Child Left Behind Act of 2001, a State
educational agency shall, in collaboration with local
educational agencies in the State, establish procedures for
responding to requests from local educational agencies to
consolidate administrative funds under subsection (a) and for
establishing limitations on the amount of funds under those
programs that may be used for administration on a consolidated
basis.
[(c) Conditions.--A local educational agency that
consolidates administrative funds under this section for any
fiscal year shall not use any other funds under the programs
included in the consolidation for administration for that
fiscal year.
[(d) Uses of Administrative Funds.--A local educational
agency that consolidates administrative funds under this
section may use the consolidated funds for the administration
of the programs and for uses, at the school district and school
levels, comparable to those described in section 9201(b)(2).
[(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required
to keep separate records, by individual program, to account for
costs relating to the administration of the programs included
in the consolidation.
[SEC. 9204. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
[(a) General Authority.--
[(1) Transfer.--The Secretary shall transfer to the
Department of the Interior, as a consolidated amount
for covered programs, the Indian education programs
under part A of title VII, and the education for
homeless children and youth program under subtitle B of
title VII of the McKinney-Vento Homeless Assistance
Act, the amounts allotted to the Department of the
Interior under those programs.
[(2) Agreement.--
[(A) In general.--The Secretary and the
Secretary of the Interior shall enter into an
agreement, consistent with the requirements of
the programs specified in paragraph (1), for
the distribution and use of those program funds
under terms that the Secretary determines best
meet the purposes of those programs.
[(B) Contents.--The agreement shall--
[(i) set forth the plans of the
Secretary of the Interior for the use
of the amount transferred and the
achievement measures to assess program
effectiveness, including measurable
goals and objectives; and
[(ii) be developed in consultation
with Indian tribes.
[(b) Administration.--The Department of the Interior may use
not more than 1.5 percent of the funds consolidated under this
section for its costs related to the administration of the
funds transferred under this section.
[PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
[SEC. 9301. PURPOSES.
[The purposes of this part are--
[(1) to improve teaching and learning by encouraging
greater cross-program coordination, planning, and
service delivery;
[(2) to provide greater flexibility to State and
local authorities through consolidated plans,
applications, and reporting; and
[(3) to enhance the integration of programs under
this Act with State and local programs.
[SEC. 9302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
[(a) General Authority.--
[(1) Simplification.--In order to simplify
application requirements and reduce the burden for
State educational agencies under this Act, the
Secretary, in accordance with subsection (b), shall
establish procedures and criteria under which, after
consultation with the Governor, a State educational
agency may submit a consolidated State plan or a
consolidated State application meeting the requirements
of this section for--
[(A) each of the covered programs in which
the State participates; and
[(B) such other programs as the Secretary may
designate.
[(2) Consolidated applications and plans.--After
consultation with the Governor, a State educational
agency that submits a consolidated State plan or a
consolidated State application under this section shall
not be required to submit separate State plans or
applications under any of the programs to which the
consolidated State plan or consolidated State
application under this section applies.
[(b) Collaboration.--
[(1) In general.--In establishing criteria and
procedures under this section, the Secretary shall
collaborate with State educational agencies and, as
appropriate, with other State agencies, local
educational agencies, public and private nonprofit
agencies, organizations, and institutions, private
schools, and representatives of parents, students, and
teachers.
[(2) Contents.--Through the collaborative process
described in paragraph (1), the Secretary shall
establish, for each program under this Act to which
this section applies, the descriptions, information,
assurances, and other material required to be included
in a consolidated State plan or consolidated State
application.
[(3) Necessary materials.--The Secretary shall
require only descriptions, information, assurances
(including assurances of compliance with applicable
provisions regarding participation by private school
children and teachers), and other materials that are
absolutely necessary for the consideration of the
consolidated State plan or consolidated State
application.
[SEC. 9303. CONSOLIDATED REPORTING.
[(a) In general.--In order to simplify reporting requirements
and reduce reporting burdens, the Secretary shall establish
procedures and criteria under which a State educational agency,
in consultation with the Governor of the State, may submit a
consolidated State annual report.
[(b) Contents.--The report shall contain information about
the programs included in the report, including the performance
of the State under those programs, and other matters as the
Secretary determines are necessary, such as monitoring
activities.
[(c) Replacement.--The report shall replace separate
individual annual reports for the programs included in the
consolidated State annual report.
[SEC. 9304. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
[(a) Assurances.--A State educational agency, in consultation
with the Governor of the State, that submits a consolidated
State plan or consolidated State application under this Act,
whether separately or under section 9302, shall have on file
with the Secretary a single set of assurances, applicable to
each program for which the plan or application is submitted,
that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency, a nonprofit private
agency, institution, or organization, or an Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer those funds and property to the extent
required by the authorizing law;
[(3) the State will adopt and use proper methods of
administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program;
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation; and
[(C) the adoption of written procedures for
the receipt and resolution of complaints
alleging violations of law in the
administration of the programs;
[(4) the State will cooperate in carrying out any
evaluation of each such program conducted by or for the
Secretary or other Federal officials;
[(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the State under each such program;
[(6) the State will--
[(A) make reports to the Secretary as may be
necessary to enable the Secretary to perform
the Secretary's duties under each such program;
and
[(B) maintain such records, provide such
information to the Secretary, and afford such
access to the records as the Secretary may find
necessary to carry out the Secretary's duties;
and
[(7) before the plan or application was submitted to
the Secretary, the State afforded a reasonable
opportunity for public comment on the plan or
application and considered such comment.
[(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
[SEC. 9305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
[(a) General Authority.--
[(1) Consolidated plan.--A local educational agency
receiving funds under more than one covered program may
submit plans or applications to the State educational
agency under those programs on a consolidated basis.
[(2) Availability to governor.--The State educational
agency shall make any consolidated local plans and
applications available to the Governor.
[(b) Required Consolidated Plans or Applications.--A State
educational agency that has an approved consolidated State plan
or application under section 9302 may require local educational
agencies in the State receiving funds under more than one
program included in the consolidated State plan or consolidated
State application to submit consolidated local plans or
applications under those programs, but may not require those
agencies to submit separate plans.
[(c) Collaboration.--A State educational agency, in
consultation with the Governor, shall collaborate with local
educational agencies in the State in establishing procedures
for the submission of the consolidated State plans or
consolidated State applications under this section.
[(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other
material that are absolutely necessary for the consideration of
the local educational agency plan or application.
[SEC. 9306. OTHER GENERAL ASSURANCES.
[(a) Assurances.--Any applicant, other than a State
educational agency that submits a plan or application under
this Act, whether separately or pursuant to section 9305, shall
have on file with the State educational agency a single set of
assurances, applicable to each program for which a plan or
application is submitted, that provides that--
[(1) each such program will be administered in
accordance with all applicable statutes, regulations,
program plans, and applications;
[(2)(A) the control of funds provided under each such
program and title to property acquired with program
funds will be in a public agency or in a nonprofit
private agency, institution, organization, or Indian
tribe, if the law authorizing the program provides for
assistance to those entities; and
[(B) the public agency, nonprofit private agency,
institution, or organization, or Indian tribe will
administer the funds and property to the extent
required by the authorizing statutes;
[(3) the applicant will adopt and use proper methods
of administering each such program, including--
[(A) the enforcement of any obligations
imposed by law on agencies, institutions,
organizations, and other recipients responsible
for carrying out each program; and
[(B) the correction of deficiencies in
program operations that are identified through
audits, monitoring, or evaluation;
[(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the
State educational agency, the Secretary, or other
Federal officials;
[(5) the applicant will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds paid
to the applicant under each such program;
[(6) the applicant will--
[(A) submit such reports to the State
educational agency (which shall make the
reports available to the Governor) and the
Secretary as the State educational agency and
Secretary may require to enable the State
educational agency and the Secretary to perform
their duties under each such program; and
[(B) maintain such records, provide such
information, and afford such access to the
records as the State educational agency (after
consultation with the Governor) or the
Secretary may reasonably require to carry out
the State educational agency's or the
Secretary's duties; and
[(7) before the application was submitted, the
applicant afforded a reasonable opportunity for public
comment on the application and considered such comment.
[(b) GEPA Provision.--Section 442 of the General Education
Provisions Act shall not apply to programs under this Act.
[PART D--WAIVERS
[SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
[(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of
this Act for a State educational agency, local educational
agency, Indian tribe, or school through a local educational
agency, that--
[(1) receives funds under a program authorized by
this Act; and
[(2) requests a waiver under subsection (b).
[(b) Request for Waiver.--
[(1) In general.--A State educational agency, local
educational agency, or Indian tribe that desires a
waiver shall submit a waiver request to the Secretary
that--
[(A) identifies the Federal programs affected
by the requested waiver;
[(B) describes which Federal statutory or
regulatory requirements are to be waived and
how the waiving of those requirements will--
[(i) increase the quality of
instruction for students; and
[(ii) improve the academic
achievement of students;
[(C) describes, for each school year,
specific, measurable educational goals, in
accordance with section 1111(b), for the State
educational agency and for each local
educational agency, Indian tribe, or school
that would be affected by the waiver and the
methods to be used to measure annually such
progress for meeting such goals and outcomes;
[(D) explains how the waiver will assist the
State educational agency and each affected
local educational agency, Indian tribe, or
school in reaching those goals; and
[(E) describes how schools will continue to
provide assistance to the same populations
served by programs for which waivers are
requested.
[(2) Additional information.--Such requests--
[(A) may provide for waivers of requirements
applicable to State educational agencies, local
educational agencies, Indian tribes, and
schools; and
[(B) shall be developed and submitted--
[(i)(I) by local educational agencies
(on behalf of those agencies and
schools) to State educational agencies;
and
[(II) by State educational agencies
(on behalf of, and based on the
requests of, local educational
agencies) to the Secretary; or
[(ii) by Indian tribes (on behalf of
schools operated by the tribes) to the
Secretary.
[(3) General requirements.--
[(A) State educational agencies.--In the case
of a waiver request submitted by a State
educational agency acting on its own behalf,
the State educational agency shall--
[(i) provide all interested local
educational agencies in the State with
notice and a reasonable opportunity to
comment on the request;
[(ii) submit the comments to the
Secretary; and
[(iii) provide notice and information
to the public regarding the waiver
request in the manner in which the
applying agency customarily provides
similar notices and information to the
public.
[(B) Local educational agencies.--In the case
of a waiver request submitted by a local
educational agency that receives funds under
this Act--
[(i) the request shall be reviewed by
the State educational agency and be
accompanied by the comments, if any, of
the State educational agency; and
[(ii) notice and information
regarding the waiver request shall be
provided to the public by the agency
requesting the waiver in the manner in
which that agency customarily provides
similar notices and information to the
public.
[(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
[(1) the allocation or distribution of funds to
States, local educational agencies, or other recipients
of funds under this Act;
[(2) maintenance of effort;
[(3) comparability of services;
[(4) use of Federal funds to supplement, not
supplant, non-Federal funds;
[(5) equitable participation of private school
students and teachers;
[(6) parental participation and involvement;
[(7) applicable civil rights requirements;
[(8) the requirement for a charter school under
subpart 1 of part B of title V;
[(9) the prohibitions regarding--
[(A) State aid in section 9522;
[(B) use of funds for religious worship or
instruction in section 9505; and
[(C) activities in section 9526; or
[(10) the selection of a school attendance area or
school under subsections (a) and (b) of section 1113,
except that the Secretary may grant a waiver to allow a
school attendance area or school to participate in
activities under part A of title I if the percentage of
children from low-income families in the school
attendance area or who attend the school is not more
than 10 percentage points below the lowest percentage
of those children for any school attendance area or
school of the local educational agency that meets the
requirements of subsections (a) and (b) of section
1113.
[(d) Duration and Extension of Waiver.--
[(1) In general.--Except as provided in paragraph
(2), a waiver approved by the Secretary under this
section may be for a period not to exceed 4 years.
[(2) Extension.--The Secretary may extend the period
described in paragraph (1) if the Secretary determines
that--
[(A) the waiver has been effective in
enabling the State or affected recipient to
carry out the activities for which the waiver
was requested and the waiver has contributed to
improved student achievement; and
[(B) the extension is in the public interest.
[(e) Reports.--
[(1) Local waiver.--A local educational agency that
receives a waiver under this section shall, at the end
of the second year for which a waiver is received under
this section and each subsequent year, submit a report
to the State educational agency that--
[(A) describes the uses of the waiver by the
agency or by schools;
[(B) describes how schools continued to
provide assistance to the same populations
served by the programs for which waivers were
granted; and
[(C) evaluates the progress of the agency and
of schools in improving the quality of
instruction or the academic achievement of
students.
[(2) State waiver.--A State educational agency that
receives reports required under paragraph (1) shall
annually submit a report to the Secretary that is based
on those reports and contains such information as the
Secretary may require.
[(3) Indian tribe waiver.--An Indian tribe that
receives a waiver under this section shall annually
submit a report to the Secretary that--
[(A) describes the uses of the waiver by
schools operated by the tribe; and
[(B) evaluates the progress of those schools
in improving the quality of instruction or the
academic achievement of students.
[(4) Report to congress.--Beginning in fiscal year
2002 and for each subsequent year, the Secretary shall
submit to the Committee on Education and the Workforce
of the House of Representatives and the Committee on
Health, Education, Labor, and Pensions of the Senate a
report--
[(A) summarizing the uses of waivers by State
educational agencies, local educational
agencies, Indian tribes, and schools; and
[(B) describing whether the waivers--
[(i) increased the quality of
instruction to students; or
[(ii) improved the academic
achievement of students.
[(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines, after
notice and an opportunity for a hearing, that the performance
of the State or other recipient affected by the waiver has been
inadequate to justify a continuation of the waiver or if the
waiver is no longer necessary to achieve its original purposes.
[(g) Publication.--A notice of the Secretary's decision to
grant each waiver under subsection (a) shall be published in
the Federal Register and the Secretary shall provide for the
dissemination of the notice to State educational agencies,
interested parties, including educators, parents, students,
advocacy and civil rights organizations, and the public.
[PART E--UNIFORM PROVISIONS
[Subpart 1--Private Schools
[SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
[(a) Private School Participation.--
[(1) In general.--Except as otherwise provided in
this Act, to the extent consistent with the number of
eligible children in areas served by a State
educational agency, local educational agency,
educational service agency, consortium of those
agencies, or another entity receiving financial
assistance under a program specified in subsection (b),
who are enrolled in private elementary schools and
secondary schools in areas served by such agency,
consortium, or entity, the agency, consortium, or
entity shall, after timely and meaningful consultation
with appropriate private school officials provide to
those children and their teachers or other educational
personnel, on an equitable basis, special educational
services or other benefits that address their needs
under the program.
[(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits,
including materials and equipment, provided under this
section, shall be secular, neutral, and nonideological.
[(3) Special rule.--Educational services and other
benefits provided under this section for private school
children, teachers, and other educational personnel
shall be equitable in comparison to services and other
benefits for public school children, teachers, and
other educational personnel participating in the
program and shall be provided in a timely manner.
[(4) Expenditures.--Expenditures for educational
services and other benefits provided under this section
for eligible private school children, their teachers,
and other educational personnel serving those children
shall be equal, taking into account the number and
educational needs of the children to be served, to the
expenditures for participating public school children.
[(5) Provision of services.--An agency, consortium,
or entity described in subsection (a)(1) of this
section may provide those services directly or through
contracts with public and private agencies,
organizations, and institutions.
[(b) Applicability.--
[(1) In general.--This section applies to programs
under--
[(A) subparts 1 and 3 of part B of title I;
[(B) part C of title I;
[(C) part A of title II, to the extent
provided in paragraph (3);
[(D) part B of title II;
[(E) part D of title II;
[(F) part A of title III;
[(G) part A of title IV; and
[(H) part B of title IV.
[(2) Definition.--For the purpose of this section,
the term ``eligible children'' means children eligible
for services under a program described in paragraph
(1).
[(3) Application.--(A) Except as provided in
subparagraph (B), this subpart, including subsection
(a)(4), applies to funds awarded to a local educational
agency under part A of title II only to the extent that
the local educational agency uses funds under that part
to provide professional development to teachers and
others.
[(B) Subject to subparagraph (A), the share of the
local educational agency's subgrant under part A of
title II that is used for professional development and
subject to a determination of equitable expenditures
under subsection (a)(4) shall not be less than the
aggregate share of that agency's awards that were used
for professional development for fiscal year 2001 under
section 2203(1)(B) (as such section was in effect on
the day preceding the date of enactment of the No Child
Left Behind Act of 2001) and section 306 of the
Department of Education Appropriations Act, 2001.
[(c) Consultation.--
[(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local
educational agency, educational service agency,
consortium of those agencies, or entity shall consult
with appropriate private school officials during the
design and development of the programs under this Act,
on issues such as--
[(A) how the children's needs will be
identified;
[(B) what services will be offered;
[(C) how, where, and by whom the services
will be provided;
[(D) how the services will be assessed and
how the results of the assessment will be used
to improve those services;
[(E) the size and scope of the equitable
services to be provided to the eligible private
school children, teachers, and other
educational personnel and the amount of funds
available for those services; and
[(F) how and when the agency, consortium, or
entity will make decisions about the delivery
of services, including a thorough consideration
and analysis of the views of the private school
officials on the provision of contract services
through potential third-party providers.
[(2) Disagreement.--If the agency, consortium, or
entity disagrees with the views of the private school
officials on the provision of services through a
contract, the agency, consortium, or entity shall
provide to the private school officials a written
explanation of the reasons why the local educational
agency has chosen not to use a contractor.
[(3) Timing.--The consultation required by paragraph
(1) shall occur before the agency, consortium, or
entity makes any decision that affects the
opportunities of eligible private school children,
teachers, and other educational personnel to
participate in programs under this Act, and shall
continue throughout the implementation and assessment
of activities under this section.
[(4) Discussion required.--The consultation required
by paragraph (1) shall include a discussion of service
delivery mechanisms that the agency, consortium, or
entity could use to provide equitable services to
eligible private school children, teachers,
administrators, and other staff.
[(d) Public Control of Funds.--
[(1) In general.--The control of funds used to
provide services under this section, and title to
materials, equipment, and property purchased with those
funds, shall be in a public agency for the uses and
purposes provided in this Act, and a public agency
shall administer the funds and property.
[(2) Provision of services.--
[(A) In general.--The provision of services
under this section shall be provided--
[(i) by employees of a public agency;
or
[(ii) through contract by the public
agency with an individual, association,
agency, organization, or other entity.
[(B) Independence; public agency.--In the
provision of those services, the employee,
person, association, agency, organization, or
other entity shall be independent of the
private school and of any religious
organization, and the employment or contract
shall be under the control and supervision of
the public agency.
[(C) Commingling of funds prohibited.--Funds
used to provide services under this section
shall not be commingled with non-Federal funds.
[SEC. 9502. STANDARDS FOR BY-PASS.
[(a) In General.--If, by reason of any provision of law, a
State educational agency, local educational agency, educational
service agency, consortium of those agencies, or other entity
is prohibited from providing for the participation in programs
of children enrolled in, or teachers or other educational
personnel from, private elementary schools and secondary
schools, on an equitable basis, or if the Secretary determines
that the agency, consortium, or entity has substantially failed
or is unwilling to provide for that participation, as required
by section 9501, the Secretary shall--
[(1) waive the requirements of that section for the
agency, consortium, or entity; and
[(2) arrange for the provision of equitable services
to those children, teachers, or other educational
personnel through arrangements that shall be subject to
the requirements of this section and of sections 9501,
9503, and 9504.
[(b) Determination.--In making the determination under
subsection (a), the Secretary shall consider one or more
factors, including the quality, size, scope, and location of
the program, and the opportunity of private school children,
teachers, and other educational personnel to participate in the
program.
[SEC. 9503. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
[(a) Procedures for Complaints.--The Secretary shall develop
and implement written procedures for receiving, investigating,
and resolving complaints from parents, teachers, or other
individuals and organizations concerning violations of section
9501 by a State educational agency, local educational agency,
educational service agency, consortium of those agencies, or
entity. The individual or organization shall submit the
complaint to the State educational agency for a written
resolution by the State educational agency within a reasonable
period of time.
[(b) Appeals to Secretary.--The resolution may be appealed by
an interested party to the Secretary not later than 30 days
after the State educational agency resolves the complaint or
fails to resolve the complaint within a reasonable period of
time. The appeal shall be accompanied by a copy of the State
educational agency's resolution, and a complete statement of
the reasons supporting the appeal. The Secretary shall
investigate and resolve the appeal not later than 120 days
after receipt of the appeal.
[Subpart 2--Other Provisions
[SEC. 9521. MAINTENANCE OF EFFORT.
[(a) In General.--A local educational agency may receive
funds under a covered program for any fiscal year only if the
State educational agency finds that either the combined fiscal
effort per student or the aggregate expenditures of the agency
and the State with respect to the provision of free public
education by the agency for the preceding fiscal year was not
less than 90 percent of the combined fiscal effort or aggregate
expenditures for the second preceding fiscal year.
[(b) Reduction in Case of Failure To Meet.--
[(1) In general.--The State educational agency shall
reduce the amount of the allocation of funds under a
covered program in any fiscal year in the exact
proportion by which a local educational agency fails to
meet the requirement of subsection (a) of this section
by falling below 90 percent of both the combined fiscal
effort per student and aggregate expenditures (using
the measure most favorable to the local agency).
[(2) Special rule.--No such lesser amount shall be
used for computing the effort required under subsection
(a) of this section for subsequent years.
[(c) Waiver.--The Secretary may waive the requirements of
this section if the Secretary determines that a waiver would be
equitable due to--
[(1) exceptional or uncontrollable circumstances,
such as a natural disaster; or
[(2) a precipitous decline in the financial resources
of the local educational agency.
[SEC. 9526. GENERAL PROHIBITIONS.
[(a) Prohibition.--None of the funds authorized under this
Act shall be used--
[(1) to develop or distribute materials, or operate
programs or courses of instruction directed at youth,
that are designed to promote or encourage sexual
activity, whether homosexual or heterosexual;
[(2) to distribute or to aid in the distribution by
any organization of legally obscene materials to minors
on school grounds;
[(3) to provide sex education or HIV-prevention
education in schools unless that instruction is age
appropriate and includes the health benefits of
abstinence; or
[(4) to operate a program of contraceptive
distribution in schools.
[(b) Local Control.--Nothing in this section shall be
construed to--
[(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a
State, local educational agency, or school's
instructional content, curriculum, and related
activities;
[(2) limit the application of the General Education
Provisions Act;
[(3) require the distribution of scientifically or
medically false or inaccurate materials or to prohibit
the distribution of scientifically or medically true or
accurate materials; or
[(4) create any legally enforceable right.
[SEC. 9527. PROHIBITIONS ON FEDERAL GOVERNMENT AND USE OF FEDERAL
FUNDS.
[(a) General Prohibition.--Nothing in this Act shall be
construed to authorize an officer or employee of the Federal
Government to mandate, direct, or control a State, local
educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources, or
mandate a State or any subdivision thereof to spend any funds
or incur any costs not paid for under this Act.
[(b) Prohibition on Endorsement of Curriculum.--
Notwithstanding any other prohibition of Federal law, no funds
provided to the Department under this Act may be used by the
Department to endorse, approve, or sanction any curriculum
designed to be used in an elementary school or secondary
school.
[(c) Prohibition on Requiring Federal Approval or
Certification of Standards.--
[(1) In general.--Notwithstanding any other provision
of Federal law, no State shall be required to have
academic content or student academic achievement
standards approved or certified by the Federal
Government, in order to receive assistance under this
Act.
[(2) Rule of construction.--Nothing in this
subsection shall be construed to affect requirements
under title I or part A of title VI.
[(d) Rule of Construction on Building Standards.--Nothing in
this Act shall be construed to mandate national school building
standards for a State, local educational agency, or school.
[SEC. 9528. ARMED FORCES RECRUITER ACCESS TO STUDENTS AND STUDENT
RECRUITING INFORMATION.
[(a) Policy.--
[(1) Access to student recruiting information.--
Notwithstanding section 444(a)(5)(B) of the General
Education Provisions Act and except as provided in
paragraph (2), each local educational agency receiving
assistance under this Act shall provide, on a request
made by military recruiters or an institution of higher
education, access to secondary school students names,
addresses, and telephone listings.
[(2) Consent.--A secondary school student or the
parent of the student may request that the student's
name, address, and telephone listing described in
paragraph (1) not be released without prior written
parental consent, and the local educational agency or
private school shall notify parents of the option to
make a request and shall comply with any request.
[(3) Same access to students.--Each local educational
agency receiving assistance under this Act shall
provide military recruiters the same access to
secondary school students as is provided generally to
post secondary educational institutions or to
prospective employers of those students.
[(b) Notification.--The Secretary, in consultation with the
Secretary of Defense, shall, not later than 120 days after the
date of enactment of the No Child Left Behind Act of 2001,
notify principals, school administrators, and other educators
about the requirements of this section.
[(c) Exception.--The requirements of this section do not
apply to a private secondary school that maintains a religious
objection to service in the Armed Forces if the objection is
verifiable through the corporate or other organizational
documents or materials of that school.
[(d) Special Rule.--A local educational agency prohibited by
Connecticut State law (either explicitly by statute or through
statutory interpretation by the State Supreme Court or State
Attorney General) from providing military recruiters with
information or access as required by this section shall have
until May 31, 2002, to comply with that requirement.
[SEC. 9529. PROHIBITION ON FEDERALLY SPONSORED TESTING.
[(a) General Prohibition.--Notwithstanding any other
provision of Federal law and except as provided in subsection
(b), no funds provided under this Act to the Secretary or to
the recipient of any award may be used to develop, pilot test,
field test, implement, administer, or distribute any federally
sponsored national test in reading, mathematics, or any other
subject, unless specifically and explicitly authorized by law.
[(b) Exceptions.--Subsection (a) shall not apply to
international comparative assessments developed under the
authority of section 153(a)(5) of the Education Sciences Reform
Act of 2002 and administered to only a representative sample of
pupils in the United States and in foreign nations.
[SEC. 9530. LIMITATIONS ON NATIONAL TESTING OR CERTIFICATION FOR
TEACHERS.
[(a) Mandatory National Testing or Certification of
Teachers.--Notwithstanding any other provision of this Act or
any other provision of law, no funds available to the
Department or otherwise available under this Act may be used
for any purpose relating to a mandatory nationwide test or
certification of teachers or education paraprofessionals,
including any planning, development, implementation, or
administration of such test or certification.
[(b) Prohibition on Withholding Funds.--The Secretary is
prohibited from withholding funds from any State educational
agency or local educational agency if the State educational
agency or local educational agency fails to adopt a specific
method of teacher or paraprofessional certification.
[SEC. 9532. UNSAFE SCHOOL CHOICE OPTION.
[(a) Unsafe School Choice Policy.--Each State receiving funds
under this Act shall establish and implement a statewide policy
requiring that a student attending a persistently dangerous
public elementary school or secondary school, as determined by
the State in consultation with a representative sample of local
educational agencies, or who becomes a victim of a violent
criminal offense, as determined by State law, while in or on
the grounds of a public elementary school or secondary school
that the student attends, be allowed to attend a safe public
elementary school or secondary school within the local
educational agency, including a public charter school.
[(b) Certification.--As a condition of receiving funds under
this Act, a State shall certify in writing to the Secretary
that the State is in compliance with this section.
[SEC. 9535. RULEMAKING.
[The Secretary shall issue regulations under this Act only to
the extent that such regulations are necessary to ensure that
there is compliance with the specific requirements and
assurances required by this Act.
[SEC. 9536. SEVERABILITY.
[If any provision of this Act is held invalid, the remainder
of this Act shall be unaffected thereby.
[PART F--EVALUATIONS
[SEC. 9601. EVALUATIONS.
[(a) Reservation of Funds.--Except as provided in subsections
(b) and (c), the Secretary may reserve not more than 0.5
percent of the amount appropriated to carry out each
categorical program and demonstration project authorized under
this Act--
[(1) to conduct--
[(A) comprehensive evaluations of the program
or project; and
[(B) studies of the effectiveness of the
program or project and its administrative
impact on schools and local educational
agencies;
[(2) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs
assisted or authorized under this Act and related
Federal preschool, elementary, and secondary programs
under any other Federal law; and
[(3) to increase the usefulness of evaluations of
grant recipients in order to ensure the continuous
progress of the program or project by improving the
quality, timeliness, efficiency, and use of information
relating to performance under the program or project.
[(b) Titles I and III Excluded.--The Secretary may not
reserve under subsection (a) funds appropriated to carry out
any program authorized under title I or title III.
[(c) Evaluation Activities Authorized Elsewhere.--If, under
any other provision of this Act (other than title I), funds are
authorized to be reserved or used for evaluation activities
with respect to a program or project, the Secretary may not
reserve additional funds under this section for the evaluation
of that program or project.]
----------
SECTION 602 OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 602. DEFINITIONS.
Except as otherwise provided, in this title:
(1) * * *
* * * * * * *
[(10) Highly qualified.--
[(A) In general.--For any special education
teacher, the term ``highly qualified'' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965,
except that such term also--
[(i) includes the requirements
described in subparagraph (B); and
[(ii) includes the option for
teachers to meet the requirements of
section 9101 of such Act by meeting the
requirements of subparagraph (C) or
(D).
[(B) Requirements for special education
teachers.--When used with respect to any public
elementary school or secondary school special
education teacher teaching in a State, such
term means that--
[(i) the teacher has obtained full
State certification as a special
education teacher (including
certification obtained through
alternative routes to certification),
or passed the State special education
teacher licensing examination, and
holds a license to teach in the State
as a special education teacher, except
that when used with respect to any
teacher teaching in a public charter
school, the term means that the teacher
meets the requirements set forth in the
State's public charter school law;
[(ii) the teacher has not had special
education certification or licensure
requirements waived on an emergency,
temporary, or provisional basis; and
[(iii) the teacher holds at least a
bachelor's degree.
[(C) Special education teachers teaching to
alternate achievement standards.--When used
with respect to a special education teacher who
teaches core academic subjects exclusively to
children who are assessed against alternate
achievement standards established under the
regulations promulgated under section
1111(b)(1) of the Elementary and Secondary
Education Act of 1965, such term means the
teacher, whether new or not new to the
profession, may either--
[(i) meet the applicable requirements
of section 9101 of such Act for any
elementary, middle, or secondary school
teacher who is new or not new to the
profession; or
[(ii) meet the requirements of
subparagraph (B) or (C) of section
9101(23) of such Act as applied to an
elementary school teacher, or, in the
case of instruction above the
elementary level, has subject matter
knowledge appropriate to the level of
instruction being provided, as
determined by the State, needed to
effectively teach to those standards.
[(D) Special education teachers teaching
multiple subjects.--When used with respect to a
special education teacher who teaches 2 or more
core academic subjects exclusively to children
with disabilities, such term means that the
teacher may either--
[(i) meet the applicable requirements
of section 9101 of the Elementary and
Secondary Education Act of 1965 for any
elementary, middle, or secondary school
teacher who is new or not new to the
profession;
[(ii) in the case of a teacher who is
not new to the profession, demonstrate
competence in all the core academic
subjects in which the teacher teaches
in the same manner as is required for
an elementary, middle, or secondary
school teacher who is not new to the
profession under section
9101(23)(C)(ii) of such Act, which may
include a single, high objective
uniform State standard of evaluation
covering multiple subjects; or
[(iii) in the case of a new special
education teacher who teaches multiple
subjects and who is highly qualified in
mathematics, language arts, or science,
demonstrate competence in the other
core academic subjects in which the
teacher teaches in the same manner as
is required for an elementary, middle,
or secondary school teacher under
section 9101(23)(C)(ii) of such Act,
which may include a single, high
objective uniform State standard of
evaluation covering multiple subjects,
not later than 2 years after the date
of employment.
[(E) Rule of construction.--Notwithstanding
any other individual right of action that a
parent or student may maintain under this part,
nothing in this section or part shall be
construed to create a right of action on behalf
of an individual student or class of students
for the failure of a particular State
educational agency or local educational agency
employee to be highly qualified.
[(F) Definition for purposes of the esea.--A
teacher who is highly qualified under this
paragraph shall be considered highly qualified
for purposes of the Elementary and Secondary
Education Act of 1965.]
* * * * * * *
MINORITY VIEWS
OVERVIEW
Committee Democrats adamantly and unanimously oppose H.R.
3989, the Student Success Act. All present Democratic members
voted in opposition to the legislation during its consideration
in Committee on February 28, 2012. While we believe the No
Child Left Behind Act (NCLB) is long-overdue for
reauthorization, H.R. 3989 does not set forth a reauthorization
that would improve student education, but instead would turn
the clock back decades on equity and accountability in American
public education. Additionally, the partisan path the Committee
Republicans chose to take with this legislation lacks the
consensus and bipartisanship necessary to complete a
reauthorization of this important law this Congress.
The Committee Democrats oppose H.R. 3989 because it
shortchanges students, weakens accountability in education, and
fails to update current law to take the public education system
into the 21st century. This opposition is shared by the
majority of the education, civil rights and business community.
The bill dismantles equity in education for all students
regardless of poverty, disability, or other challenges. The
Republican bill eliminates critical supports and accountability
to provide a balanced and effective education to every child.
Unfortunately, the legislation sends an unambiguous signal that
college and career readiness is not a national priority.
Given the urgent need to fix current law and to address the
fatal flaws of H.R. 3989, Democrats offered at mark-up a
comprehensive substitute to the Republican bill that
demonstrates a positive vision for the reauthorization and a
path forward. The Democrats' proposal garnered support from the
civil rights, education, and business communities.
Additionally, Democrats opposed Republican amendments to H.R.
3989 because the proposed small changes would not have fixed
the fundamental flaws in the underlying bill.
Committee Democrats believe that the reauthorization of
NCLB must build upon what we have learned over the last 10
years and take advantage of and support the advancements that
have been made in that time. We also believe the
reauthorization should not dismantle the equity and civil
rights aspects of current law. Democrats believe the
reauthorization should support college and career ready
standards and a modern assessment system. Federal policy should
support an accountability system that includes meaningful goals
and targets for improving student achievement and a school
improvement system that gives schools and districts flexibility
in how they achieve those goals.
By taking this partisan approach, Committee Republicans
effectively ensure that NCLB will remain the law of the land,
denying the nation's students and schools the reforms they need
to move forward.
H.R. 3989 UNDERMINES THE FEDERAL ROLE IN EDUCATION TO PROMOTE EQUAL
OPPORTUNITY
With the passage of the first Elementary and Secondary
Education Act (ESEA) in 1965, in response to the Brown vs.
Board of Education decision, the federal role in education has
been focused on ensuring equal opportunity in education. It has
been about ensuring that our nation's public schools are giving
students a fair chance at a future of their choice and not
locking them into their station in life. Economic mobility is a
hallmark and measure of equal opportunity in our nation--access
to a high quality education is the only sure path to achieve
this security.
The federal interest in a strong public education system is
grounded in civil rights, economic, and national security
concerns. All three areas are threatened by an elementary and
secondary educational system that is not held accountable for
supporting the potential of all our nation's students.
Unfortunately, H.R. 3989 both undermines the promise of the
Brown decision, and the federal role in supporting a strong
public education system that promotes civil rights, that feeds
a strong economy, and that builds our national security.
STANDARDS AND ASSESSMENTS
H.R. 3989 does not support the national consensus for
college and career ready standards to ensure students graduate
ready to succeed and, despite the advances in technology, it
fails to modernize assessments to measure progress towards
those standards. The bill does not contain requirements that
States set high standards to graduate students who are college
and career-ready. Current law requires states to establish
standards, but does not assess the rigor of those standards.
NCLB did not have a check on the rigor of assessments, and
since it was enacted, some States chose to lower their
standards. In fact, according to a 2009 NAEP State Mapping
Analysis, 15 states lowered their proficiency standards in
fourth- or eighth-grade reading or math from 2005 to 2007. As a
result, stakeholders from civil rights groups, business groups,
and educators believe that reauthorization must ensure that
academic standards help students graduate prepared for college
and careers.
However, instead of modernizing the law, H.R. 3989 weakens
current law by not establishing parameters on quality
standards, and it even goes as far as to eliminate use of the
word ``challenging'' with regard to standards. The bill also
removes the requirement in current law that requires States to
establish science standards and assessments. As currently
required by NCLB, all States have science standards and
assessments which are administered once per grade span. The
elimination of this requirement clearly demonstrates the
legislation's lack of attention to the workforce needs of
American business in a global economy.
High-quality assessments are essential to measure our
progress as a nation and to ensure we have reliable data to
improve student achievement, instruction, and schools. H.R.
3989 does not support the development of high-quality
assessments. The bill, similar to current law, requires annual
English and math assessments in grades 3-8 and once in high
schools. It also requires assessments to measure growth.
Unfortunately, the legislation does not ensure assessments are
high-quality, reflect the advancements in assessments over the
past decade, or even require that states differentiate
achievement levels of students. Additionally, H.R. 3989
eliminates the Grants for State Assessments program which
supports State development of high-quality assessments. High-
quality assessment systems are expensive to develop but
critical to effectively measuring student achievement and to
supporting improvements in teaching and learning. This
assessment program provides critical support to States to
develop the next generation of assessments.
H.R. 3989 also fails to ensure all children are held to
high expectations by permitting States to develop alternate
achievement standards for students with the most significant
cognitive disabilities but does not establish any parameters to
determine which students should be assessed in this category.
Additionally, the bill would eliminate the current regulation
that caps at one percent the number of students assessed
alternatively. This regulation ensures schools are still held
accountable for the achievement of students with disabilities.
By eliminating the cap, H.R. 3989 permits all students with
disabilities to be held to lower standards and given different
assessments, effectively allowing those students to be educated
in a parallel but lesser system. As a result, large numbers of
students with disabilities could be prevented from receiving a
regular high school diploma. Additionally, this bill would
create a perverse incentive to over-identify children for
special education to include them in the lower standard. Low-
income and minority students are already over-represented in
special education, and this legislation could exacerbate that
problem.
ACCOUNTABILITY AND SCHOOL IMPROVEMENT
One of the most critical aspects of NCLB was that, for the
first time, schools were held accountable for the performance
of all students, including student subgroups, and they were
required to take action when student achievement failed to
improve. Over the last ten years, NCLB's accountability system
has received both more praise and criticism than any other
aspect of the law. Accordingly, Democrats firmly believe that
the accountability and school improvement system must be
updated to reflect what we have learned over the last ten
years, but without abandoning a focus on accountability.
Unfortunately, H.R. 3989 would allow States to establish
weak accountability systems that would not require performance
targets for student achievement, would not require schools take
action to improve low performance, and would not ensure all
students have access to high-quality schools. H.R. 3989
provides no federal guardrails on accountability for student
achievement and does not support the expectation that all
students should graduate high school. The lack of quality and
consistency in the state systems combined with weak standards
and low-quality assessments would provide little transparency
for how schools are evaluated and little consistency from
district to district or state to state. Therefore, student
performance, specifically for subgroups, could again be masked
and go unaddressed, as they did prior to NCLB.
H.R. 3989 does not require states to establish overall
goals for student achievement or to establish performance
targets to measure progress toward that goal. In addition,
despite clear consensus on the need for graduation rate
accountability to be paired with accountability for student
achievement to ensure low-performing students do not get pushed
out of school, H.R. 3989 does not include graduation rates.
Further, the bill dismantles current regulations requiring
states have and utilize meaningful graduation rate
accountability.
Additionally, while H.R. 3989 requires school improvement
systems be established, it does not establish any parameters
for identifying schools for improvement. Therefore, there is no
assurance that schools that are failing to improve student
achievement will be required to take action to improve. Worse,
the students in those schools will not be provided with an
assurance that they have the right to a better education.
Specifically, H.R. 3989 does not define low-performing schools
or establish any parameters on interventions in such schools.
The bill does not establish timelines for improvement or
consequences if schools do not improve, thereby leaving
students to languish in low-performing schools.
H.R. 3989 also fails to recognize the critical role of the
Department of Education in implementing the law by prohibiting
the Secretary of Education from providing guidance on any of
the bill's standards, assessments, or accountability
provisions. This short-sighted and highly partisan legislative
approach assumes a perfect bill in need of no future
clarification or guidance and a stagnant education system.
Under the bill, the Secretary would be prohibited from simply
assisting states with guidance when implementation on the
ground may be unclear or challenging. Additionally, this
provision would ensure that regulations, including those
establishing requirements on graduation rates or the one
percent cap on the number of students taking alternate
assessments, could not be upheld.
H.R. 3989 also removes current law protections on
collective bargaining rights. Current law ensures that teachers
are included in the school improvement process and are not
sidelined. The removal of this provision ignores both the
rights of teachers to collectively bargain and their important
role in improving student achievement.
FISCAL RESPONSIBILITY AND ``FLEXIBILITY''
H.R. 3989 undermines fiscal responsibility for special
populations of students, reduces fiscal transparency, and cuts
education funding.
Special populations
Under the guise of flexibility, H.R. 3989 attacks the
rights of special populations of students. H.R. 3989
consolidates the following programs as percentage set-asides
under Title I, Part A: English Language Learners (currently
Title III); Education of Migratory Children (currently Title I-
C); Indian, Native American and Alaska Native Education
(currently Title VII); Neglected and Delinquent Students
(currently Title I-D); and Rural Education Initiative
(currently Title VI-B). The bill also allows for funds to be
shared across what would be the new Title I, Part A, permitting
states and districts to siphon funds away from the very
populations that drive certain ESEA funding allocations and
that the law intended to serve.
The Republicans claim these current law funding streams are
inflexible, but the reality is states and districts have few,
if any, restrictions on how the funding can be used. The only
restriction is on whom the funding be used in order to support
the populations for which they are intended. The Republicans
additionally claim that they maintain the funding streams for
these populations, but they merely make them a percentage set-
aside of Title I and then allow complete flexibility in how
districts utilize those funds.
Current law establishes separate funding streams to help
ensure the needs of English language learners, migrant
students, neglected and delinquent students, and Indian
students are being met. Title III, part A of the Elementary and
Secondary Education Act was created, after the Lau vs Nichols
Supreme Court ruling, to help ensure that English learners
attain English proficiency, develop high levels of academic
attainment in English, and meet the same state academic content
and student academic achievement standards that all students
are expected to meet. This program supports 4.5 million English
learners in the United States. The educational needs of migrant
children go well beyond those traditionally supported by state
and local budgets, and, due to their high mobility, no single
state or district is responsible for their education. In turn,
the schools that serve high concentrations of migrant students
are among the Nation's highest-need schools. Title I, Part C
was created to provide additional funding to support migrant
students. This program currently serves about 500,000 students.
Authorized over 40 years ago, Title I, part D creates both a
state and local program intended to improve educational
services for students who are neglected, delinquent, or at risk
of dropping out of school. This program currently serves over
100,000 students. Indian children are subject to significant
risk factors that threaten their academic success and overall
well-being. To help schools address their unique needs,
Congress established Title VII, part A of ESEA. This program
currently serves about 500,000 students.
Democrats believe funding allocated based on the number of
children in need of services from the number of migrant
students, the number of neglected or delinquent students, the
number of English Language Learners, or the number of American
Indian students should be used for services for those students
to improve educational outcomes for those students. Increasing
flexibility is needed in this reauthorization, but it must be
grounded in increasing equity and improving student
achievement. This flexibility can be accomplished by aligning
data and allowing flexibility in school improvement. Arbitrary
flexibility policies, as put forth by H.R. 3989, undermine
equality of opportunity and hinder our economic
competitiveness.
Fiscal accountability
H.R. 3989 also eliminates fiscal accountability by striking
the current law ``maintenance of effort'' provisions (MOE).
Under the Republican bill, states and districts will be able to
reduce their nonfederal education spending without any penalty.
This provision will allow states and districts to use education
funds for tax relief or other initiatives unrelated to
education, rather than efforts to support students.
Under current law, MOE requires districts receiving Title I
funds to spend at least 90 percent of what they spent in the
previous year from nonfederal sources. This helps to prevent
big decreases in education investment, whether driven by tough
budget times or genuine desire to reduce education funding. The
Republicans claim the MOE provision is a ``federal overreach,''
but maintenance of effort makes requirements about the levels
of state and local spending, not about how money should be
spent.
Committee Republicans claim that because they maintain the
``supplement, not supplant'' provision they maintain fiscal
accountability. However, eliminating the maintenance of effort
requirement and providing complete flexibility in how districts
spend their federal dollars, means there is no way under H.R.
3989 to actually measure whether districts are using federal
money to supplement not supplant local money. ``Supplement, not
supplant'' will become meaningless, and education spending
across the country will decrease. Democrats believe the
maintenance of effort provision must be maintained to ensure
tax dollars are being spent responsibly.
Funding
H.R. 3989 caps funding at FY 11 appropriations levels and
caps annual increases based on the inflation rate. Democrats
believe education funding should not be held to arbitrary caps
and that funding should reflect national need and priority if
our nation is to remain globally competitive.
WAIVER AUTHORITY
H.R. 3989 limits the waiver authority of the Secretary of
Education, apparently in response to the voluntary flexibility
offered by the Department of Education to certain provisions of
current law. In February of 2012, 11 states were approved to
receive waivers and an additional 28 had signaled their
intention to voluntarily apply for this flexibility.
While Committee Republicans have questioned the legal
authority of the Department of Education to grant conditional
waivers, Sec. 9401 of current law clearly provides the
Secretary of Education broad waiver authority. The waiver
authority currently used by the Secretary of Education mirrors
authority used by Secretary Margaret Spellings to administer
the Differentiated Accountability Pilot and for the Growth
Model Pilot.
Additionally, the nonpartisan Congressional Research
Service (CRS) in their February 2012 report entitled
Educational Accountability and Secretarial Waiver Authority
Under the ESEA and in a June 2011 memo to the Committee on
Education and the Workforce Majority Committee Staff has
explained the legal authority of the Department of Education to
provide this flexibility. In the February report, CRS states:
Based on the plain language of the statute, the scope
of ED's waiver authority appears to be quite broad,
suggesting that ED may indeed have the authority to
waive the various requirements of the ESEA specified in
its flexibility proposal. This interpretation is
bolstered by the fact that, although the ESEA
previously contained similar waiver authority, Congress
expressly enacted the current waiver provisions as part
of the No Child Left Behind Act amendments to the ESEA,
signaling that Congress clearly understood and intended
for ED to waive the requirements of that act when
appropriate.
The report further states:
. . . the courts will generally uphold an agency's
exercise of its statutory waiver authority so long as
the agency develops an adequate record regarding its
decision to grant a waiver and ensures that the waiver
is granted consistent with the statutory purposes and
procedures set forth in the section authorizing such
waivers. As a result, it appears that ED does have the
authority to waive ESEA statutory requirements related
to issues such as academic standards and assessments;
accountability requirements, including the timeline by
which all students are to be proficient in reading/
language arts and mathematics; school improvement,
corrective action, and restructuring requirements; and
public school choice and supplemental educational
services, as long as ED develops the aforementioned
adequate record and ensures that the waiver is granted
consistent with the statutory purposes and procedures
set forth in Section 9401.
CRS also highlights the voluntary nature of the waivers
currently offered by the Department of Education.
BROAD OPPOSITION TO H.R. 3989
H.R. 3989 was opposed by a broad array of education, civil
rights and business organizations. Over 200 groups,
representing students, teachers, school leaders, parents, and
business wrote letters in opposition to H.R. 3989. Some of the
groups in opposition include: the U.S. Chamber of Commerce, the
Education Trust, the Leadership Conference on Civil and Human
Rights, the Consortium for Citizens with Disabilities, the
National PTA, the Business Coalition for Student Achievement,
the National Center for Learning Disabilities, the Lawyers'
Committee for Civil Rights Under Law, MALDEF, NAACP, National
Council of La Raza, the Council for Exceptional Children, the
National Education Association, the National Association of
Elementary School Principles, the National Association of
Secondary School Principals, the American Federation of
Teachers, the Children's Defense Fund, National Disability
Rights Network, Council of Chief State School Officers, and the
Council of the Great City Schools.
Additionally, the Congressional Black Caucus, the
Congressional Hispanic Caucus, and the Congressional Asian
Pacific American Caucus wrote a letter in opposition to H.R.
3989 citing ``the potentially grave consequences'' of this bill
on students and communities.
DEMOCRATIC VISION FOR ESEA REAUTHORIZATION--SUBSTITUTE AMENDMENT
Given the significant concerns across H.R. 3989, Democrats
offered a full substitute to the Republican bill and did not
support any small fixes through other amendments.
The Democratic substitute would support a 21st century
education system and ensure all students have access to a
world-class education. Democrats offered a full substitute
amendment for H.R. 3989 that struck all of H.R. 3989 and
amended Title I, part A of ESEA by eliminating the inflexible
and outdated provisions of NCLB and requiring states and LEA's
to adopt strong but flexible and achievable standards,
assessments, and accountability reforms that ensure all
students graduate high school prepared for college and the
workforce.
Standards and assessments
In order to ensure students graduate high school prepared
to enter the workforce or college without the need for
remediation, the Democratic substitute required States to
establish college and career ready standards for English
language arts, math, and science for kindergarten through grade
12 and high-quality assessments aligned to those standards. It
also included a program to support the development of high-
quality assessments.
Unlike H.R. 3989, the substitute improved current law by
requiring that standards be validated to ensure that
proficiency in the standards signals that students are on-track
to enter the workforce or postsecondary education without need
for remediation. The substitute updates the assessment quality
requirements to align with the Race to the Top Assessment
Competition, which has over 40 States participating, to create
the next generation of assessments. It also ensures that new
high-quality assessments are accessible for all students by
incorporating universal design for learning and providing for
accommodations for students with disabilities and English
learners. Additionally, the Democratic substitute restores the
requirement that States have standards and assessments for
science, which had been eliminated in H.R. 3989. Including
science standards and assessments is essential to ensure we
adequately prepare students for the 21st Century workforce and
high-demand STEM careers.
Accountability and school improvement
The Democratic substitute includes the appropriate balance
between accountability and flexibility to ensure schools are
held accountable for the achievement of all students but have
the opportunity to address their specific student needs.
The Democratic substitute requires States to establish
accountability systems that set performance, growth, and
graduation targets to achieve the goal of all students,
including subgroups of students (low-income, racial and ethnic
groups, English learners, and students with disabilities)
graduate college and career ready. Unlike H.R. 3989, this
substitute improves current law by effectively including
student growth while maintaining accountability; eliminating
the restrictive AYP system while still ensuring States
establish performance targets for all students and subgroups
that are ambitious but achievable; and establishing parameters
to ensure fair accountability, including requiring States to
have an `n-size' that is 25 or less.
Additionally, this substitute restores accountability with
guardrails on schools to ensure all students, including
subgroups of students, are prepared for college and careers,
and restores graduation rate accountability tied to the targets
established by States under the graduation rate regulation.
These protections which help ensure students are taught to high
standards and graduate high school were eliminated in H.R.
3989.
The Democratic substitute puts forth a strong but flexible
model for school improvement that provides a differentiated
approach to help schools target their students' needs. The
substitute requires States, along with LEAs, to identify
schools in need of improvement that have missed performance
targets and persistently low-achieving schools that have the
lowest achievement in the State. If identified as a school in
need of improvement, that school would use their data and
develop a targeted plan to improve achievement. Persistently
low-achieving schools would be required to develop an
improvement plan addressing schoolwide factors, school
organization, teacher and leader effectiveness, curriculum and
instruction, student academic and social support services,
family engagement, and governance policies.
Unlike H.R. 3989, this substitute improves current law by
eliminating the one-size-fits-all approach to school
improvement and the prescriptive timelines and including a
flexible, targeted, and differentiated approach to improvement
that is tied to the specific needs of the school. It also
supports districts in using improvement indicators (including
indicators of student engagement, student advancement, educator
quality, and academic learning) rather than just test scores to
measure the progress of schools in improvement.
Additionally, this substitute restores provisions
eliminated by H.R. 3989 to ensure that schools not making
performance targets are expected to improve the achievement of
their students. The substitute contains additional requirements
that the lowest performing schools take significant steps to
improve their achievement by addressing schoolwide factors,
school organization, teacher and leader effectiveness,
curriculum and instruction, student academic and social support
services, family engagement, and governance policies.
Students with disabilities
The Democratic substitute ensures students with
disabilities are held to high standards and are included in
accountability systems. It permits states to establish
alternate assessments aligned with alternate achievement
standards for students with the most significant cognitive
disabilities. When including these students in calculations for
accountability, LEAs and States may include their scores for up
to one percent of all students. The Substitute also requires
States to establish guidelines for Individualized Education
Program (IEP) teams in determining whether students should be
assessed on alternate achievement standards. The amendment
eliminates the use of alternate assessments aligned to modified
achievement standards aligned with the implementation of new
high-quality assessments.
Unlike H.R. 3989, this substitute improves current law by
requiring that alternate assessments meet the high-quality
criteria of the regular assessments. It requires that the
alternate achievement standards be vertically aligned to ensure
students achieving proficiency can access college and careers.
It improves the guidelines for IEP teams by ensuring students
have access to the general education curriculum and that
placement in alternate assessments do not influence placement
in the least restrictive environment.
Additionally, this substitute codifies the one percent cap
for accountability to ensure all students with disabilities are
included in accountability systems and that there is not an
incentive to increase referrals to special education. This cap
was eliminated by H.R. 3989.
English learners
The Democratic substitute requires States establish English
language proficiency standards, assessments, and targets to
ensure all students are achieving English language proficiency.
It also requires States establish native language assessments
when State have at least 10,000 students or 25 percent of
students who speak the same native language.
Unlike H.R. 3989, this improves current law by moving
English language proficiency targets into Title I, part A to
increase the coordination in accountability systems and
establishing parameters for native language assessments so that
students are fairly assessed in a manner that helps them best
demonstrate their knowledge. This substitute also restores
English language proficiency targets which were eliminated by
H.R. 3989.
Reporting
Quality and transparent reporting is essential to ensure
parents, schools, and districts have access to critical
information to help improve student achievement. The Democratic
substitute meets this important need by requiring States and
LEAs have district report cards that present information in the
aggregate, disaggregated, and cross-tabulated on student
achievement, student growth, graduation rates, and improvement
indicators (including indicators of student engagement, student
advancement, educator quality, and academic learning). The
report cards also include information on alternate assessments,
information on English language proficiency, teacher
qualifications, teacher effectiveness, and per-pupil
expenditures (that are determined using actual teacher
salaries).
Unlike H.R. 3989, these provisions improve current law by
including cross-tabulation, student growth, and information
performance on alternate assessments, appropriately defining
the 4-year adjusted cohort graduation rate and the cumulative
rate, and using actual teacher salaries to determine per-pupil
expenditures. Additionally, the substitute restores reporting
by gender and migrant status, which had been eliminated by H.R.
3989.
Fiscal responsibility and ``flexibility''
The Democratic substitute reinstates support for special
populations of students by restoring separate dedicated funding
streams for migrant students, neglected and delinquent
students, English learners, rural students, and Indian
students. It eliminates the Republican funding ``flexibility''
provisions that do more to undermine accountability and student
achievement than they do to provide needed flexibility,
allowing funding from these programs to be spent in other areas
rather than on services to the population of students for which
it is intended.
The Democratic Substitute also restores fiscal
responsibility, which was eliminated by H.R. 3989. The
Democratic Substitute restores maintenance of effort provisions
in Title I to ensure continued State and local funding for
education. It also eliminates the new burdensome provisions on
equitable participation of private school students added by
H.R. 3989.
SUPPORT FOR DEMOCRATIC PRINCIPLES
The Democratic Substitute received broad support from the
education, civil rights, disability, and business communities.
The following organizations submitted a letter in support of
the approach of the Democratic Substitute: U.S. Chamber of
Commerce, the Education Trust, the Leadership Conference on
Civil and Human Rights, the National PTA, the Business
Coalition for Student Achievement, the National Center for
Learning Disabilities, National Council of La Raza, the
Children's Defense Fund, National Disability Rights Network,
the Alliance for Excellent Education, 50 CAN: the 50-State
Campaign for Achievement Now, the Advocacy Institute, the
American Association of University Women, the Autism National
Committee, the Bazelon Center for Mental Health Law, the Center
for American Progress Action Fund, the Center for Law and
Education, the Council of Parent Attorneys and Advocates, Inc,
Democrats for Education Reform, the Disability Rights Education
and Defense Fund, the League of United Latin American Citizens,
the National Council on Independent Living, the National Down
Syndrome Congress, the National Down Syndrome Society, the
National Urban League, the National Women's Law Center, the New
Teacher Project, the Poverty & Race Research Action Council,
the Southeast Asia Resource Action Center, Stand for Children,
Students for Education Reform, the TESOL International
Association, the Thurgood Marshall College Fund, and the STEM
Education Coalition.
CONCLUSION
Currently, only about 70 percent of students will graduate
from high school. Only about half of those students who
graduate are academically prepared for college, and one-third
of students who enter college need remediation. This
remediation costs the country over $3 billion per year.\1\ To
be competitive as individuals and as a nation, students must be
prepared for the workforce of the 21st century. Today's
students will not only be competing with their neighbors for
jobs; they will be competing with workers and entrepreneurs
from all over the world. It is time for federal policy to
support state efforts to meet that growing challenge.
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\1\Amos, J. (August 2008). Dropouts, Diplomas, and Dollars: U.S.
High Schools and the Nation's Economy. Alliance for Excellent
Education.
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H.R. 3989 fails to help our students meet this challenge.
First and foremost, the Republican bill abandons the civil
rights and equity gains made for children over the last 10
years under NCLB. H.R. 3989 also ignores the broad national
consensus that our schools must prepare students to graduate
college-ready and career-ready. H.R. 3989 eliminates federal
guardrails that ensure that schools are held accountable for
the achievement of all students. Under the Republican bill,
there would be no accountability for the number of students
that graduate from high school, no transparency in how schools
are evaluated, and no expectation for them to improve student
achievement. The bill removes students with disabilities from
the accountability system by allowing all students with
disabilities to be taught to different and lower standards than
the rest of the student body. H.R. 3989 undermines support and
accountability for low-income students, English Learners,
migrant students, Indian students, or neglected and delinquent
students by creating a block-grant under Title I and removing
requirements to improve achievement for English Learners. It
additionally undermines accountability to taxpayers by removing
Maintenance of Effort requirements that ensure states and
districts maintain their share of funding in order to receive
federal funds.
During consideration of H.R. 3989 on February 28, 2012,
Committee Democrats proposed to move the country's education
system forward by offering a substitute amendment aimed at
helping every student, regardless of their background, graduate
from high school prepared to succeed in college or the
workforce. The Democratic Substitute offers real flexibility
for States, districts, and schools while maintaining critical
accountability to ensure that all students can achieve at high
levels.
George Miller.
Jason Altmire.
Timothy H. Bishop.
Rush D. Holt.
Susan A. Davis.
Raul M. Grijalva.
Dave Loebsack.
Marcia L. Fudge.
Dennis J. Kucinich.
Lynn C. Woolsey.
John F. Tierney.
Dale E. Kildee.
Ruben Hinojosa.
Robert E. Andrews.
Carolyn McCarthy.
Robert C. Scott.
Mazie K. Hirono.