[Senate Report 112-221]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 531
112th Congress }                                          {  Report

2d Session     }                  SENATE                  {  112-221
_______________________________________________________________________




     ELEMENTARY AND SECONDARY EDUCATION REAUTHORIZATION ACT OF 2011

                               ----------                              

                              R E P O R T

                                 of the

                    COMMITTEE ON HEALTH, EDUCATION,
                          LABOR, AND PENSIONS
                          UNITED STATES SENATE

                              to accompany

                                S. 3578

                             together with

                            ADDITIONAL VIEWS

                                     




               September 20, 2012.--Ordered to be printed







                                                       Calendar No. 531
112th Congress }                                          { Report

 2d Session    }                  SENATE                  { 112-221
_______________________________________________________________________




     ELEMENTARY AND SECONDARY EDUCATION REAUTHORIZATION ACT OF 2011

                               __________

                              R E P O R T

                                 of the

                    COMMITTEE ON HEALTH, EDUCATION,

                          LABOR, AND PENSIONS

                          UNITED STATES SENATE

                              to accompany

                                S. 3578

                             together with

                            ADDITIONAL VIEWS




               September 20, 2012.--Ordered to be printed










                            C O N T E N T S

                              ----------                              
                                                                   Page
  I. Purpose, Need for Legislation, and Goals of Reauthorization......1
 II. Legislative History and Committee Action.........................3
III. Explanation of Legislation and Committee Views..................20
 IV. Regulatory Impact Statement.....................................56
  V. Application of Law to the Legislative Branch....................57
 VI. Cost Estimate...................................................57
VII. Section-by-Section Analysis.....................................67
VIII.Additional Views...............................................207

 IX. Changes in Existing Law........................................213





                                                       Calendar No. 531
112th Congress }                                              { Report
                                 SENATE
 2d Session    }                                              { 112-221

======================================================================



 
     ELEMENTARY AND SECONDARY EDUCATION REAUTHORIZATION ACT OF 2011

                                _______
                                

               September 20, 2012.--Ordered to be printed

                                _______
                                

    Mr. Harkin, from the Committee on Health, Education, Labor, and 
                   Pensions, submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                         [To accompany S. 3578]

    The Committee on Health, Education, Labor, and Pensions, 
reported an original bill (S. 3578) to amend the Elementary and 
Secondary Education Act of 1965, having considered the same, 
reports favorably thereon and recommends that the bill (as 
amended) do pass.

     I. Purpose, Need for Legislation, and Goals of Reauthorization

    The purpose of the Elementary and Secondary Education 
Reauthorization Act (ESERA) is to update, improve and 
streamline programs under the Elementary and Secondary 
Education Act of 1965 (ESEA) for the next 5 years. ESERA 
represents the Federal Government's continued commitment to K-
12 education, while continuing to advance the fundamental goals 
of ESEA.
    Equity in education has long been promoted by federally 
directed desegregation; by ESEA, that focused resources on 
schools serving disadvantaged students; by the Head Start Act; 
and the Individuals with Disabilities Education Act, that 
provides special education and services to meet the learning 
needs of children with disabilities.
    The Reagan administration's ``Nation at Risk'' report 
identified a ``rising tide of mediocrity'' and launched a 
standards-based reform movement. In 1994, Congress passed the 
Goals 2000: Educate America Act and the Improving America's 
Schools Act (IASA), which updated ESEA to focus on 
accountability for school improvement. Then, in 2001, Congress 
passed the No Child Left Behind Act (NCLB), which added new 
accountability requirements in pursuit of ESEA's historic 
mission of supporting equitable access to education. For the 
first time, ESEA held schools truly accountable for ensuring 
that all students--including poor students, minority students, 
students with disabilities, and English learners--would reach 
the same State academic standards.
    Our challenge today is to build on the remarkable record of 
partnership among Federal, State and local governments by 
redesigning ESEA for a new era--retaining the commitment to 
educating all children to high standards, while overhauling 
elements of the law that have proven ineffective.
    Unfortunately, far too many of our Nation's students enter 
kindergarten ill-prepared to succeed, fall farther and farther 
behind as the years go on, and eventually drop out of school. 
The achievement gaps that NCLB's reporting requirements 
revealed have allowed us to accurately identify the stratum of 
poorly performing schools that fail to educate our students 
year after year, and years of research have identified 
turnaround strategies that can work for these schools.
    NCLB was often criticized for focusing only on academic 
proficiency in reading and math, with many arguing that the 
curriculum was narrowed in schools to focus on those subjects. 
An unfortunate side effect of the static measures used by NCLB 
was the focus many teachers and school leaders placed on the 
children on the cusp of proficiency, thus reducing 
instructional support for those students lagging far behind and 
those charging ahead.
    ESERA targets Federal intervention to the poorest 
performing schools in each State. The bill aims for a Federal 
role that is more focused, but also more effective. Most 
importantly, it sets a goal of ensuring that all students are 
college- and career-ready when they graduate from high school. 
It does this by focusing on teaching and learning, not 
unnecessary testing and sanctioning. It eliminates the Federal 
one-size-fits-all approach and replaces it with State-designed 
accountability systems. ESERA allows these State-designed 
accountability systems to measure the academic growth of each 
child, and to include assessments in other subjects when 
measuring the performance of students.
    ESERA consolidates dozens of small programs into larger, 
more comprehensive grant programs to help leverage better 
teaching and learning. These new programs--such as high school 
reform; literacy; STEM; and successful, safe and healthy 
students--will be more focused to support better results and 
leverage more improvements, while also providing greater 
flexibility to parents, schools, and States to adopt the best 
approach to improving the education of their children.
    Education reform cannot succeed without well-trained and 
effective teachers and principals. The bill continues, in title 
II, part A, to support evidence-based approaches, encourage 
States and local educational agencies (LEAs) to strengthen 
transitions from early learning and improves the distribution 
of effective teachers. ESERA also authorizes the Teacher 
Incentive Fund (TIF) for the first time, which will help States 
implement performance-based pay and develop next-generation 
teacher and principal evaluation systems.
    ESERA maintains and improves programs to improve the 
achievement of special populations, including American Indian 
students, English learners, neglected and delinquent children, 
children in foster care, and homeless students. The bill also 
supports students with disabilities as they participate in the 
general education experience and work to attain college- and 
career-readiness alongside their peers.
    Responding to research showing the importance of school 
readiness and the importance of successful transitions 
throughout a child's educational career, ESERA strengthens 
connections between schools and early learning programs.
    The Federal Government provides only a small fraction of 
overall funding for elementary and secondary education in the 
United States. But the Federal Government must insist that, 
whatever the level of its investment in education, it receive 
the highest return possible with evidence of improved student 
achievement, especially among disadvantaged children.

              II. Legislative History and Committee Action


                                HEARINGS

    During the 111th Congress, the Health, Education, Labor, 
and Pensions Committee held 11 hearings on issues related to 
the reauthorization of the Elementary and Secondary Education 
Act (ESEA), and one additional hearing on November 8, 2011, 
after the bill was passed by the committee. The hearings 
offered many opportunities for the members of the committee to 
hear from educators, experts and other key stakeholders on a 
myriad of issues impacted by the No Child Left Behind Act. A 
brief description of each hearing, including witnesses, 
follows.

ESEA Reauthorization: The Importance of World-Class K-12 Education for 
        our Economic Success (March 9, 2010)

    This hearing launched the HELP Committee's work on 
reauthorizing the Elementary and Secondary Education Act, by 
focusing on the critical role that a good K-12 education system 
plays in economic growth and global competitiveness. Witnesses 
included:
           Andreas Schleicher, Head of the Indicators 
        and Analysis Division, Education Directorate, 
        Organisation for Economic Co-Operation and Development 
        (Paris, France), who discussed the ways that other 
        nations have significantly improved their school 
        systems and what the United States can learn from their 
        reforms;
           Dennis Van Roekel, President of the National 
        Education Association (Washington, DC), who described 
        the benefits to students of a good education, the 
        importance of high quality teachers to improving 
        education, the historical purpose of ESEA as a tool to 
        remedy disparities, and the NEA's recommendations for 
        the reauthorization of ESEA;
           John Castellani, President of the Business 
        Roundtable (Washington, DC), who discussed why 
        businesses need students to graduate from high school 
        with the knowledge and skills needed to succeed in 
        today's workforce, as well as education's place as ``an 
        economic security issue, a national security issue, and 
        a vital social and moral issue''; and
           Charles Butt, President and CEO of H-E-B, 
        Inc. (San Antonio, TX), Texas's largest private 
        employer, who discussed a McKinsey & Company report 
        that found the United States' lagging education system 
        amounts to a ``permanent national recession''.

ESEA Reauthorization: The Obama Administration's ESEA Reauthorization 
        Priorities (March 17, 2010)

    This hearing showcased testimony from Arne Duncan, U.S. 
Secretary of Education, who described and discussed the Obama 
administration's ESEA priorities, including the Blueprint for 
Reform released by the Administration the previous week.

ESEA Reauthorization: School Turnaround (April 13, 2010)

    This hearing examined efforts to turn around the lowest 
performing schools and put more students on a path to college 
and career readiness. Witnesses spoke to promising and proven 
strategies for improving student achievement and attainment in 
schools that have been chronically underperforming. Witnesses 
included:
           Robert Balfanz, Associate Research 
        Scientist, Center for Social Organization of Schools 
        and Associate Director of the Talent Development Middle 
        and High School Project (Baltimore, MD), who designed 
        the Talent Development model, which has been used to 
        turn around middle and high schools across the country, 
        and the development of the ``dropout factory'' concept.
           Beverly Donohue, Vice President of Policy 
        and Research, New Visions for Public Schools (New York, 
        NY), who described her work as a nonprofit that assists 
        in school turnarounds, partnering with more than 70 
        public schools serving 34,000 students in New York 
        City;
           Joel Klein, Chancellor, New York City Public 
        Schools (New York, NY), who described the work done in 
        New York to improve the performance of low-performing 
        schools, which has included the closure and 
        restructuring of many schools in the city;
           Timothy Mitchell, Superintendent of Schools, 
        Chamberlain School District 7-1 (Chamberlain, SD), who 
        discussed his research on innovative leadership in 
        rural local educational agencies (LEAs) and the 
        conditions that are necessary for reforms to be 
        successful in rural schools; and
           Marco Petruzzi, Chief Executive Officer of 
        Green Dot Public Schools (Los Angeles, CA), who 
        discussed the success of Green Dot in creating small, 
        personalized schools, including Locke High School, that 
        have high expectations for all students, training and 
        support for teachers and leaders, and high levels of 
        parent and family engagement.

ESEA Reauthorization: Teachers and Leaders (April 15, 2010)

    This hearing, in a roundtable discussion format, explored 
how to recruit and develop talented educators and school 
leaders. Participants in this roundtable described innovative 
and proven strategies to engage and support promising 
candidates, prepare them to be successful in the classroom or 
school, continuously increase their effectiveness as 
practitioners, and reflect on skills and strategies that lead 
to student success. Witnesses included:
           Randi Weingarten, President of the American 
        Federation of Teachers (Washington, DC), who discussed 
        the importance of teacher professional development, 
        creating a safe environment for teachers to work in, 
        and conducting dynamic teacher evaluations that enable 
        teacher growth;
           Diana Fesmire, a teacher at Sierra 
        Elementary School (Alamogordo, NM), who discussed the 
        value of rigorous hybrid testing (testing that 
        incorporates multiple choice and open-ended questions) 
        and emphasized the value of supporting teachers through 
        professional development paired with instructional 
        support;
           Timothy Daly, President of The New Teacher 
        Project (New York, NY), who discussed why acknowledging 
        the variation in teacher effectiveness is important and 
        emphasized the need for multi-dimensional teacher 
        evaluation systems that measure teachers' impact on 
        student achievement;
           Thomas Kane, Professor of Education and 
        Economics at the Harvard Graduate School of Education 
        (Cambridge, MA), who discussed important considerations 
        in developing a multi-measure teacher effectiveness 
        evaluation that can be used to measure teacher growth 
        over time and can help principals to make more informed 
        staffing decisions;
           Stephanie Hirsh, Executive Director of the 
        National Staff Development Council (Dallas, TX), who 
        discussed tightening the definition of professional 
        development in a way that would help both teachers and 
        their students and the need for greater accountability 
        with regards to funds used for professional 
        development;
           Ellen Moir, Executive Director of the New 
        Teacher Center (Santa Cruz, CA), who commented on 
        President Obama's Blueprint for Reform, and discussed 
        the key role high-quality support for new teachers 
        plays in student learning and the fact that all 
        teachers need continuous, instructionally focused, on-
        the-job support to maintain high levels of performance 
        in the classroom;
           Jose Valenzuela, a teacher at TechBoston 
        Academy (Boston, MA), a graduate of the Boston Teacher 
        Residency Program, who shared the lessons he learned 
        from his teacher residency and first year as a teacher 
        outside of the residency program;
           Camilla Benbow, Dean of Education and Human 
        Development at Vanderbilt University's Peabody College 
        (Nashville, TN), who discussed the role schools of 
        education play in producing great teachers and school 
        leaders, including the use of evaluations of program 
        graduates;
           Layne Parmenter, Principal at Urie 
        Elementary (Lyman, WY), who discussed the positive 
        impact greater investment in principals has on schools, 
        the importance of providing principals with autonomy to 
        make decisions in their school building related to 
        staffing and instructional models, and the difficult 
        task principals face, particularly in rural schools, of 
        improving failing schools; and
           Jon Schnur, Chief Executive Officer and Co-
        Founder of New Leaders for New Schools (Washington, 
        DC), who discussed the importance of investing in 
        school leadership and adopting a child- and 
        performance-oriented approach to leadership.

ESEA Reauthorization: Meeting the Needs of the Whole Student (April 22, 
        2010)

    The purpose of this hearing, in a roundtable discussion 
format, was to discuss ways Federal policy can support efforts 
to address the needs of the whole student with the 
understanding that students who are healthy, safe and engaged 
in learning are more likely to succeed. Participants in this 
round table also discussed the importance of leveraging 
community resources to support student development (both 
academic and non-academic) and the value of parent, family, and 
community engagement. Witnesses included:
           Geoffrey Canada, President and CEO of the 
        Harlem Children's Zone (HCZ; New York, NY), who 
        described HCZ's comprehensive model to address the 
        educational, social and medical needs of children and 
        families in Harlem, and in other communities that are 
        replicating HCZ's model;
           Karen Pittman, President and CEO of Forum 
        for Youth Investment (Washington, DC), who described 
        best practices for States and local governments to 
        support positive youth development;
           Eric Schwarz, Co-Founder and CEO of Citizen 
        Schools (Boston, MA), who described his nonprofit's 
        work to expand the learning day for low-income children 
        and engage students to increase achievement;
           George Sugai, Professor and Carole J. Neag 
        Endowed Chair in Special Education in the Neag School 
        of Education at the University of Connecticut and Co-
        Director of the Center for Positive Behavioral 
        Interventions and Supports (Storrs, CT), who discussed 
        his research on strategies to improve social and 
        behavioral outcomes for students in elementary and 
        secondary schools through positive behavioral 
        interventions and supports;
           Jamie Greene, President of the Rhode Island 
        Educational Media Association (Warren, RI), who 
        described the value of librarians in expanding the 
        curriculum and meeting the academic and non-academic 
        needs of students;
           Clare Struck, elementary school counselor at 
        Malcolm Price Laboratory School (Cedar Falls, IA), who 
        described her school's success in developing students' 
        knowledge, health, and civic-mindedness by supporting 
        their social, emotional and academic development;
           Nikki Rittling, physical education teacher 
        and team leader of the Integration Network at Wonderful 
        Willards Elementary School (Willards, MD), who 
        described the arts integration program at her school 
        and the impact the program has had on student success 
        and students' ability to find unique solutions to 
        problems;
           Lynsey Wood Jefferies, Executive Director of 
        Higher Achievement--DC Metro program (Washington, DC), 
        who discussed the after-school programs that Higher 
        Achievement runs to improve student achievement and 
        college-going rates among low-income students;
           Anne Henderson, Senior Consultant for 
        Community Organizing and Engagement at the Annenberg 
        Institute for School Reform (Washington, DC), who 
        discussed the impact that effective family engagement 
        strategies can have on students, families, schools, and 
        communities; and
           Dan Cardinali, President of Communities in 
        Schools (CIS; Arlington, VA), who discussed CIS's work 
        with schools and districts to connect community 
        resources (such as health and mental health services, 
        after school programs, and early care and education 
        providers) with schools to help young people 
        successfully learn, stay in school, and prepare for 
        college and careers.

ESEA Reauthorization: Standards and Assessments (April 28, 2010)

    This hearing explored the development of rigorous, high-
quality standards and assessments that ensure schools are 
preparing students for the demands of the 21st century 
workforce. The hearing's witnesses discussed efforts to create 
Common Core State standards, the need for appropriate and 
accurate assessments that enable all students to demonstrate 
knowledge and skills, and the potential of standards and 
assessments to enhance college- and career-readiness. Witnesses 
included:
           Steven Paine, State Superintendent of 
        Schools (Charleston, WV) and then-President of the 
        Council of Chief State School Officers (CCSSO), who 
        discussed the work CCSSO has done to develop the Common 
        Core State Standards and his own State's work to 
        incorporate 21st century skills, such as critical 
        thinking and collaboration, into its standards and 
        assessments;
           Cynthia Schmeiser, President of the 
        Education Division at American College Testing (ACT; 
        Iowa City, IA), who discussed the assessment side of 
        the Common Core State Standards efforts and ACT's 
        experience with developing the evidence base for 
        determining which knowledge and skills are necessary 
        for success in college and careers;
           Gary Phillips, Vice President of American 
        Institutes for Research (Washington, DC) who discussed 
        the development of new assessments that can provide 
        better data on student performance;
           Martha Thurlow, Director of the National 
        Center on Educational Outcomes (Minneapolis, MN), who 
        discussed the special challenges of assessing students 
        with disabilities, and how better standards and 
        assessments can be used to improve outcomes for 
        students with disabilities; and
           Charlene Rivera, Executive Director of The 
        George Washington University Center for Equity and 
        Excellence in Education (Alexandria, VA), who discussed 
        her research on developing valid and reliable 
        assessments for English learners.

ESEA Reauthorization: Meeting the Needs of Special Populations (April 
        29, 2010)

    This hearing described how schools can work to provide all 
students with the resources and support needed to develop their 
talents. The hearing included witnesses who described the 
efforts schools are making to ensure that students with special 
needs, including English learners, homeless students, migrant 
students, and students with disabilities, are receiving high-
quality educational experiences that address their particular 
needs, enabling them to become college- and career-ready. 
Witnesses included:
           Michael Hinojosa, the Superintendent of 
        Dallas Independent School District (Dallas, TX), who 
        discussed the work being done to address the challenges 
        faced by English learners, the importance of aligning 
        standards and assessments for language learners, and 
        the importance of giving teachers the training and 
        supports they need to teach English learner students;
           Carmen Medina, Chief of the Division of 
        Student Services and Migrant Education at the 
        Pennsylvania Department of Education (Harrisburg, PA), 
        who discussed the mobility issues and other challenges 
        that impact the educational achievement of migrant 
        students and the supports that teachers and leaders 
        need to help meet their needs;
           Lucinda Hundley, Assistant Superintendent of 
        Student Support Services, Littleton Public Schools 
        (Littleton, CO), who discussed the positive impact that 
        NCLB has had on accountability for students with 
        disabilities, the importance of including students with 
        disabilities in the classroom with their non-disabled 
        peers, and the training and supports both special 
        education teachers and general education teachers need 
        to effectively teach students with disabilities;
           Denise Ross, Supervisor of the Homeless 
        Education Office for Prince George's County Public 
        Schools (Upper Marlboro, MD), who discussed what 
        schools and districts can do to meet the needs of 
        homeless students, and what the Federal Government can 
        do to assist in this effort; and
           Kayla VanDyke, an entering freshman at 
        Hamline University (Eagan, MN), who described her 
        experience of entering foster care at age 4 and the 
        challenges that resulted from attending 10 different 
        schools before graduating from high school.

ESEA Reauthorization: Improving America's Secondary Schools (May 4, 
        2010)

    This hearing explored the challenges facing America's 
middle- and high-schools, and how ESEA reauthorization can 
address those challenges. The hearing included witnesses who 
discussed policies and practices to improve secondary schools, 
such as data-driven education, adolescent literacy, and career 
academies. Witnesses included:
           Cassius Johnson, Program Director for 
        Education Policy at Jobs for the Future (Boston, MA), 
        who provided an overview of the current Federal 
        landscape of policies to support secondary schools and 
        at-risk students, and offered some thoughts on how ESEA 
        reauthorization could better address the needs of these 
        students;
           Don Deshler, Williamson Family Distinguished 
        Professor of Special Education and the Director of the 
        Center for Research on Learning at the University of 
        Kansas (Lawrence, KS), who discussed the challenges of 
        improving the achievement of adolescents with low 
        levels of literacy and what effective literacy 
        interventions look like at the secondary school level;
           John Capozzi, Principal of Elmont Memorial 
        High School (Elmont, NY), who discussed methods of 
        instilling high expectations among students that face 
        many other challenges, such as poverty and violence;
           Rich Harrison, the founding Middle School 
        Director of the Denver School for Science and 
        Technology (Denver, CO), who discussed the importance 
        of the middle grades, and how charter schools and 
        science and technology schools are preparing students 
        for success in college and careers;
           Karen Webber-N'Dour, Principal of the 
        National Academy Foundation High School (Baltimore, 
        MD), who discussed how career academies promote student 
        engagement and prepare students for college and a 
        career; and
           Tony Habit, President of the North Carolina 
        New Schools Project (Raleigh, NC), who discussed his 
        experience opening more than 50 highly effective high 
        schools across North Carolina.

ESEA Reauthorization: Supporting Student Health, Physical Education, 
        and Well-Being (May 18, 2010)

    This hearing explored how physical activity, health, and 
nutrition can collectively support a student's ability to 
succeed in school. Witnesses spoke to the benefits of providing 
comprehensive and high-quality physical activity, behavioral, 
nutritional, and mental health services and strategies that 
enhance students' achievement and development. Witnesses 
included:
           Russell Pate, Professor in the Department of 
        Exercise Science, Associate Vice President for Health 
        Sciences, and Director of Children's Physical Activity 
        Research Group at the University of South Carolina's 
        Arnold School of Public Health (Columbia, SC), who 
        discussed the work that States, LEAs, and schools 
        nationwide are engaging in to enhance physical 
        activity, promote nutrition, and reduce the risk of 
        obesity among students;
           Timothy Shriver, Chairman and CEO of Special 
        Olympics (Washington, DC), who discussed the importance 
        of physical activity for students with disabilities;
           Antronette (Toni) Yancey, Professor in the 
        Department of Health Services at the University of 
        California--Los Angeles School of Public Health (Los 
        Angeles, CA), who discussed the connections between 
        health and education disparities, and highlighted 
        examples of successful research and health-based 
        strategies that schools in southern California have 
        used to improve student wellness;
           Barbara Levin, the CEO of Chota Community 
        Health Services (Madisonville, TN), who discussed how 
        mental health professionals can effectively support 
        student achievement through the integration of 
        research-based mental health supports into schools; and
           Beth Kirkpatrick, Co-Director of the Grundy 
        Center PE4life Academy (Grundy Center, IA), who 
        discussed the academic and non-academic benefits of 
        physical education and the ways that schools can 
        integrate comprehensive and high-quality physical 
        education and nutrition into curriculum and daily 
        student routines.

ESEA Reauthorization: Early Childhood Education (May 25, 2010)

    This hearing explored how ESEA reauthorization can support 
improved learning and academic success through high-quality 
early childhood care and education. It offered an opportunity 
for the committee to hear from experts about improving 
collaboration and coordination among parents, teachers, 
schools, LEAs, and States to ensure that teachers are prepared 
to educate students who arrive in kindergarten with varying 
levels of preparedness, and that schools are equipped to 
support the cognitive, health, social, and emotional 
development of young children. Witnesses included:
           Barry Griswell, President of the Community 
        Foundation of Greater Des Moines (Des Moines, IA), who 
        discussed the importance of investing in high-quality 
        early learning opportunities for low-income children;
           Larry Schweinhart, President of the High/
        Scope Educational Research Foundation (Ypsilanti, MI), 
        who discussed the study he directed of the Perry 
        Preschool Program, which identified long-term effects 
        of a high-quality preschool education program for young 
        children living in poverty;
           Robert Pianta, Dean of the Curry School of 
        Education at the University of Virginia 
        (Charlottesville, VA), who discussed how to effectively 
        prepare educators and school administrators to help 
        students of varying levels of school readiness 
        successfully transition into elementary school; and
           Henrietta Zalkind, Executive Director of the 
        Down East Partnership for Children, (Rocky Mount, NC), 
        who discussed how schools can work in partnership with 
        early childhood education and care providers to ensure 
        students begin kindergarten ready to succeed.

ESEA Reauthorization: Rural High School Reform (July 23, 2010)

    This full committee field hearing organized by Senator Enzi 
focused on the challenges facing rural and frontier high 
schools, the importance of links between high schools and 
community colleges, and the work of the Wyoming P-16 Education 
Council in supporting student transitions between high school 
and college. Witnesses included:
          Rollin Abernethy, Professor at the University 
        of Wyoming and President of the Wyoming P-16 Education 
        Council (Laramie, WY), who discussed six initiatives 
        that the Council believes will advance a more rigorous, 
        effective, and seamless educational system and support 
        high school reform, which include a defined and 
        rigorous high school curriculum and the Common Core 
        State Standards initiative, and related assessment 
        consortia;
          Brandon Jensen, Principal of Cody High School 
        (Cody, WY), who discussed the key components of his 
        school's cultural shift towards an environment that is 
        collaborative, learning-focused, and dynamic, described 
        advantages and challenges facing rural high schools, 
        and provided recommendations for the committee to 
        consider as ESEA is reauthorized;
          Kevin Mitchell, Superintendent of Park County 
        School District No. 1 (Powell, WY), who discussed the 
        goals of his district's strategic plan for continuous 
        school improvement, the components of high school 
        reform, and ways the Federal Government can assist 
        local LEAs in these efforts;
          James Rose, Executive Director of Wyoming 
        Community College Commission (Cheyenne, WY), who 
        discussed three components--relevance, remediation and 
        resources--that played a role in reforming Wyoming's 
        secondary education system and can play a larger role 
        for the U.S. education system; and
          Verlyn Velle, Coordinator of Career and 
        Technical Education at Campbell County School District 
        (Gillette, WY), who discussed the benefits and 
        effectiveness of the Career Academy Concept, a model 
        being implemented by the Campbell County School 
        District.

Beyond NCLB: Views on the Elementary and Secondary Education 
        Reauthorization Act (November 8, 2011)

    This hearing, in a roundtable format, was agreed to during 
committee markup of the Elementary and Secondary Education 
Reauthorization Act as a public, follow-up discussion of the 
committee bill and ESEA reauthorization going forward. 
Participants included:
          Frederick Hess, Resident Scholar and Director 
        of Education Policy Studies at the American Enterprise 
        Institute (Washington, DC);
          Jon Schnur, Chief Executive Officer and Co-
        Founder of New Leaders (New York, NY);
          Pam Geisselhardt, Gifted and Talented 
        Coordinator for Adair County Schools (Columbia, KY);
          Katherine Beh Neas, Senior Vice President for 
        Governmental Relations at Easter Seals (Washington, 
        DC);
          Charles Seaton, a teacher at Sherwood Middle 
        School (Memphis, TN);
          Terry Grier, Superintendent of Schools for 
        Houston Independent School District (Houston, TX);
          Amanda Danks, Lead Teacher, William S. Baer 
        School (Baltimore, MD);
          Wade Henderson, President and Chief Executive 
        Officer of The Leadership Conference on Civil and Human 
        Rights (Washington, DC);
          Tom Luna, Superintendent of Public 
        Instruction for the State of Idaho (Boise, ID); and
          Elmer Thomas, the principal of Madison 
        Central High School (Richmond, KY)

                        COMMITTEE CONSIDERATION

    On October 11, 2011, the Elementary and Secondary Education 
Reauthorization Act (ESERA) was noticed for mark up and a draft 
was circulated to the committee. On October 19 and 20, 2011, 
the committee met in executive session to consider the bill. By 
unanimous consent of the committee, a substitute amendment 
filed on October 17 was adopted. This substitute amendment 
served as the original text for purposes of further amendment. 
The committee subsequently took action on 33 amendments, 
adopting 23 of them and rejecting the remaining 10. Twenty 
amendments were offered and subsequently withdrawn, and an 
additional 90 amendments were filed but not offered. The bill, 
as amended, was adopted by a roll call vote of 15 ayes to 7 
nays on October 20, 2011.

Amendments voted on during executive session

    1. Senator Harkin offered a manager's amendment that 
included technical corrections and minor changes to the bill 
language originally distributed to members. The amendment was 
adopted by unanimous consent.
    2. Senator Burr offered an amendment to strike the title I 
reservation for school improvement. The amendment was defeated 
by a roll call vote of 9 ayes to 13 nays.
        AYES                          NAYS
Alexander                           Harkin
Burr                                Mikulski
Isakson                             Bingaman
Paul                                Murray
Hatch                               Sanders
McCain                              Casey
Roberts                             Hagan
Murkowski                           Merkley
Kirk                                Franken
                                    Bennet
                                    Whitehouse
                                    Blumenthal
                                    Enzi
    3. Senator Franken offered an amendment to provide a rule 
of construction on the comparability of services and transfer 
of school personnel. The amendment was adopted by voice vote.
    4. Senator Isakson offered an amendment to title I-A to 
provide alternatives for assessing students with disabilities, 
consistent with individualized education programs. The 
amendment was defeated by a roll call vote of 8 ayes to 14 
nays.
        AYES                          NAYS
Enzi                                Harkin
Alexander                           Mikulski
Burr                                Bingaman
Isakson                             Murray
Paul                                Sanders
Hatch                               Casey
McCain                              Hagan
Roberts                             Merkley
                                    Franken
                                    Bennet
                                    Whitehouse
                                    Blumenthal
                                    Murkowski
                                    Kirk
    5. Senator Murkowski offered an amendment to exempt 
teachers of American Indian, Alaska Native, or Native Hawaiian 
language or culture from the highly qualified teacher 
provisions of ESEA. The amendment was adopted by voice vote.
    6. Senator Murray offered an amendment to title I-A to 
require cross-tabulation of sub-group data. The amendment was 
adopted by voice vote.
    7. Senator Hagan offered an amendment to title I-A to 
provide criteria for the replacement of a principal as part of 
a school turnaround strategy. The amendment was adopted by 
voice vote.
    8. Senator Paul offered an amendment to repeal the No Child 
Left Behind Act. The amendment was defeated by a roll call vote 
of 3 ayes to 17 nays.
        AYES                          NAYS
Burr                                Harkin
Paul                                Mikulski
Hatch                               Bingaman
                                    Murray
                                    Sanders
                                    Casey
                                    Hagan
                                    Merkley
                                    Franken
                                    Bennet
                                    Whitehouse
                                    Blumenthal
                                    Enzi
                                    Alexander
                                    Isakson
                                    Murkowski
                                    Kirk
    9. Senator Sanders offered an amendment to the Secondary 
Schools Reform program to require the collection of data on the 
transition of students from 8th to 9th grade. The amendment was 
adopted by voice vote.
    10. Senator Paul offered an amendment to prohibit the 
enforcement of any Federal mandates. The amendment was defeated 
by a roll call vote of 1 aye and 20 nays.
        AYES                          NAYS
Paul                                Harkin
                                    Mikulski
                                    Bingaman
                                    Murray
                                    Sanders
                                    Casey
                                    Hagan
                                    Merkley
                                    Franken
                                    Bennet
                                    Whitehouse
                                    Blumenthal
                                    Enzi
                                    Alexander
                                    Burr
                                    Isakson
                                    Hatch
                                    McCain
                                    Roberts
                                    Murkowski
    11. Senator Franken offered an amendment to title I-A to 
allow States to develop and administer computer adaptive tests. 
The amendment was adopted by voice vote.
    12. Senator Hagan offered an amendment to the Secondary 
School Reform program to ensure the post-secondary credits 
earned as part of the Early College Schools model are provided 
at no cost to students. The amendment was adopted by a roll 
call vote of 12 ayes to 10 nays.
        AYES                          NAYS
Harkin                              Enzi
Mikulski                            Alexander
Bingaman                            Burr
Murray                              Isakson
Sanders                             Paul
Casey                               Hatch
Hagan                               McCain
Merkley                             Roberts
Franken                             Murkowski
Bennet                              Kirk
Whitehouse
Blumenthal
    13. Senator Murkowski offered an amendment to create a 
special rule for rural LEAs that do not have highly qualified 
teachers in all subjects to allow them to use online 
instructors under certain conditions. The amendment was adopted 
by a roll call vote of 20 ayes to 0 nays.
        AYES                          NAYS
Harkin
Mikulski
Bingaman
Murray
Casey
Hagan
Merkley
Franken
Bennet
Whitehouse
Blumenthal
Enzi
Alexander
Burr
Isakson
Paul
Hatch
Roberts
Murkowski
Kirk
    14. Senator Franken offered an amendment to provide for the 
educational stability of children in foster care. The amendment 
was adopted by a roll call vote of 13 ayes to 9 nays.
        AYES                          NAYS
Harkin                              Enzi
Mikulski                            Alexander
Bingaman                            Burr
Murray                              Isakson
Sanders                             Paul
Casey                               Hatch
Hagan                               McCain
Merkley                             Roberts
Franken                             Kirk
Bennet
Whitehouse
Blumenthal
Murkowski
    15. Senator Alexander offered an amendment to allow for a 
State-determined improvement strategy for persistently low 
achieving schools. The amendment was adopted by a roll call 
vote of 15 ayes to 7 nays.
        AYES                          NAYS
Bingaman                            Harkin
Sanders                             Mikulski
Merkley                             Murray
Franken                             Casey
Whitehouse                          Hagan
Enzi                                Bennet
Alexander                           Blumenthal
Burr
Isakson
Paul
Hatch
McCain
Roberts
Murkowski
Kirk
    16. Senator Blumenthal offered an amendment to require 
grant applicants for the Secondary School Reform program to 
include information about over-aged and under-credited youth as 
part of the required needs analysis. The amendment was adopted 
by voice vote.
    17. Senator Bingaman offered an amendment to establish the 
Achievement Through Technology and Innovation grant program, a 
new program designed to improve the effective use of 
technology. The amendment was adopted by voice vote.
    18. Senator Franken offered an amendment to create the 
Principal Recruitment and Training Grant program, a new program 
designed to recruit, support, and prepare principals to improve 
student academic achievement at high-need schools. The 
amendment was adopted by voice vote.
    19. Senator Alexander offered an amendment to require local 
educational agencies to provide students in persistently low 
achieving schools with a public school choice option. The 
amendment was adopted by voice vote.
    20. Senator Burr offered an amendment to provide flexible 
Federal education funding to allow State and local educational 
agencies to locally determine programs and initiatives. The 
amendment was defeated by voice vote.
    21. Senator Sanders offered an amendment to increase the 
equitable distribution of highly effective teachers. The 
amendment was defeated by a roll call vote of 3 ayes to 18 
nays.
        AYES                          NAYS
Murray                              Harkin
Sanders                             Mikulski
Merkley                             Bingaman
                                    Casey
                                    Hagan
                                    Franken
                                    Bennet
                                    Whitehouse
                                    Blumenthal
                                    Enzi
                                    Alexander
                                    Burr
                                    Isakson
                                    Paul
                                    McCain
                                    Roberts
                                    Murkowski
                                    Kirk
    22. Senator Sanders offered an amendment to change the 
definition of ``highly qualified teacher'' to limit the 
definition to those individuals who have completed teacher 
preparation programs. The amendment was defeated by a roll call 
vote of 1 aye to 20 nays.
        AYES                          NAYS
Sanders                             Harkin
                                    Mikulski
                                    Bingaman
                                    Murray
                                    Casey
                                    Hagan
                                    Merkley
                                    Franken
                                    Bennet
                                    Whitehouse
                                    Blumenthal
                                    Enzi
                                    Alexander
                                    Burr
                                    Isakson
                                    Paul
                                    McCain
                                    Roberts
                                    Murkowski
                                    Kirk
    23. Senator Burr offered an amendment to strike the hold 
harmless in the title II-A formula that is a holdover from 
predecessor programs. The amendment was adopted by a roll call 
vote of 14 ayes to 8 nays.
        AYES                          NAYS
Hagan                               Harkin
Merkley                             Mikulski
Franken                             Bingaman
Bennet                              Murray
Whitehouse                          Sanders
Enzi                                Casey
Alexander                           Blumenthal
Burr                                Roberts
Isakson
Paul
Hatch
McCain
Murkowski
Kirk
    24. Senator Blumenthal offered an amendment to title II-A 
to support national activities relating to gifted and talented 
students. The amendment was adopted by voice vote.
    25. Senator Bennet offered an amendment to make the 
creation of new teacher and principal academies an allowable 
use of title II funds. The amendment was adopted by voice vote.
    26. Senator Paul offered an amendment to exempt special 
education teachers from the definition of ``highly qualified 
teacher'' in title IX. The amendment was defeated by a roll 
call vote of 10 ayes to 12 nays.
        AYES                          NAYS
Enzi                                Harkin
Alexander                           Mikulski
Burr                                Bingaman
Isakson                             Murray
Paul                                Sanders
Hatch                               Casey
McCain                              Hagan
Roberts                             Merkley
Murkowski                           Franken
Kirk                                Bennet
                                    Whitehouse
                                    Blumenthal
    27. Senator Burr offered an amendment to add the 
Secretarial waiver authority provided in the Successful Charter 
Schools Program to the Charter School Facility Acquisition, 
Construction, and Renovation program. The amendment was 
defeated by a roll call vote of 10 ayes to 12 nays.
        AYES                          NAYS
Enzi                                Harkin
Alexander                           Mikulski
Burr                                Bingaman
Isakson                             Murray
Paul                                Sanders
Hatch                               Casey
McCain                              Hagan
Roberts                             Merkley
Murkowski                           Franken
Kirk                                Bennet
                                    Whitehouse
                                    Blumenthal
    28. Senator Murkowski offered an amendment to rewrite the 
section of the bill on Alaska Native education, including 
modifying permissible uses of funds. The amendment was adopted 
by voice vote.
    29. Senator Casey offered an amendment to give grants to 
States to increase student access to a well-rounded education. 
The amendment was adopted by voice vote.
    30. Senator Hagan offered an amendment to amend the 
definition of ``highly qualified teacher'' in title IX to allow 
States to deem teachers in teacher exchange visitor programs as 
highly qualified. The amendment was adopted by voice vote.
    31. Senator Whitehouse offered an amendment to make minor 
changes to the 21st Century Community Learning Centers program. 
The amendment was adopted by voice vote.
    32. Senator Burr offered an amendment to strike the Promise 
Neighborhoods program. The amendment was defeated by voice 
vote.
    33. Senator Bennet offered an amendment to establish the 
Advanced Research Projects Agency--Education within the 
Investing in Innovation program. The amendment was adopted by 
voice vote.
    34. Senator Bennet offered an amendment to establish a 
Commission on Effective Regulation and Assessment Systems for 
Public Schools. The amendment was adopted by voice vote.
    35. The manager's amendment, as amended, was reported 
favorably by a roll call vote of 15 ayes to 7 nays.
        AYES                          NAYS
Harkin                              Burr
Mikulski                            Isakson
Bingaman                            Paul
Murray                              Hatch
Sanders                             McCain
Casey                               Roberts
Hagan                               Murkowski
                                    Merkley
                                    Franken
                                    Bennet
                                    Whitehouse
                                    Blumenthal
                                    Enzi
                                    Alexander
                                    Kirk

Amendments offered and subsequently withdrawn

    1. Senator Bennet offered and then withdrew an amendment to 
include performance targets in the subjects included in State 
accountability systems.
    2. Senator Burr offered and then withdrew an amendment to 
eliminate the strategies that States must use to turn around 
low-performing schools.
    3. Senator Blumenthal offered and then withdrew an 
amendment to defer the State assessment requirements of title I 
if an appropriation ``trigger level'' is not met.
    4. Senator Blumenthal offered and then withdrew an 
amendment to require Secondary School Reform program grantees 
to use funds to provide students with work-based opportunities.
    5. Senator Alexander offered and then withdrew an amendment 
to eliminate Federal ``highly qualified teacher'' requirements 
in favor of State-determined licensure or certification 
requirements.
    6. Senator Hagan offered and then withdrew an amendment to 
require the use of expanded learning time as part of a school 
turnaround strategy.
    7. Senator Casey offered and then withdrew an amendment to 
make voluntary prekindergarten programs available to children 
for at least 1 year before kindergarten.
    8. Senator Casey offered and then withdrew an amendment 
regarding the review, revision, or creation of State early 
learning guidelines and standards.
    9. Senator Alexander offered and then withdrew an amendment 
to strike the requirement that States identify and intervene in 
the 5 percent of schools with the largest achievement gaps.
    10. Senator Alexander offered and then withdrew an 
amendment to eliminate the continuous improvement requirements 
in State accountability systems.
    11. Senator Franken offered and then withdrew an amendment 
to establish the Education of Children in Foster Care grants, a 
new grant program to support the educational stability of 
foster children.
    12. Senator Murkowski offered and then withdrew an 
amendment to create a new program to award early intervention 
grants to partnerships between LEAs and early childhood 
education providers that serve a high percentage of students at 
high risk of dropping out of school.
    13. Senator Alexander offered and then withdrew an 
amendment to provide more deference to States in the title I 
peer-review process of their title I plans.
    14. Senator Roberts offered and then withdrew an amendment 
to eliminate the Race to the Top program.
    15. Senator Hagan offered and then withdrew an amendment to 
create the Financial Literacy grant program, a new program to 
support grants to States for financial literacy and 
entrepreneurship education.
    16. Senator Murray offered and then withdrew an amendment 
to establish new grant programs to support full-day State-run 
pre-kindergarten programs.
    17. Senator Murray offered and then withdrew an amendment 
to require LEAs to determine how they will make student data 
available using open, interoperable data formats and technology 
to ensure differentiated instruction for students.
    18. Senator Whitehouse offered and then withdrew an 
amendment to reinstate the school libraries program.
    19. Senator Franken offered and then withdrew an amendment 
to establish a Federal prohibition against discrimination in 
public schools based on actual or perceived sexual orientation 
or gender identity.
    20. Senator Casey offered and then withdrew an amendment to 
amend the Successful, Safe and Healthy Students program to 
require more detailed bullying policies.

          III. Explanation of Legislation and Committee Views


    Title I: Ensuring College- and Career-Readiness for All Students

    The committee bill updates the law to reflect what has been 
learned in the decade since the No Child Left Behind Act (NCLB) 
was enacted, while maintaining the essential accountability 
elements under that iteration of the law.

              STATE PLAN AND STATE AND LOCAL REQUIREMENTS

Requirements for college- and career-ready standards

    The committee bill makes college- and career-readiness for 
all students a central goal. A child's education should lead to 
success in post-secondary education and the workforce: By 2014 
it is projected that 75 percent of new jobs in America will 
require a post-secondary degree, and a college graduate today 
is projected to make 77 percent more per hour than a worker 
with only a high school diploma.
    The committee bill describes, in section 1111(a)(1)(A)(ii), 
three options for States to use to ensure that academic 
standards are ``college- and career-ready'': Alignment with 
credit-bearing coursework at public institutions of higher 
education, alignment with career and technical education 
standards, and appropriate career skills. States must implement 
content standards in reading or language arts and mathematics 
by December 31, 2013, and adopt academic achievement standards 
by the beginning of the 2015-16 school year.
    The committee bill protects States' rights in defining 
academic content and achievement standards, while also ensuring 
that States are setting high academic expectations for all 
students. Thus, section 1111(a)(1)(A)(vi) maintains current 
law, under which States cannot be required to submit academic 
content or achievement standards to the Secretary for review, 
but must nonetheless ``demonstrate'' to the Secretary as part 
of their title I plans that their academic content and 
achievement standards are aligned with the expectations of 
college- and career-readiness. The committee expects that peer 
review and Secretarial approval of State plans will continue to 
be a safeguard that ensures States are maintaining high 
expectations for all students as they fulfill the purposes of 
the act.
    The committee understands that the Secretary of Education 
will continue to review evidence submitted by the States 
related to the quality of their academic standards. The 
Department of Education has released guidance to States in the 
past that details the evidence that can be submitted and the 
committee intends for this practice to continue as States adopt 
college- and career-ready standards.
    The committee intends for the term ``appropriate career 
skills'' in section 1111(a)(1)(A)(ii)(III) to encompass higher-
order thinking skills, including but not limited to the ability 
to apply knowledge to new situations, think critically, problem 
solve, communicate orally and in writing, exhibit creativity, 
and innovate, as well as digital literacy and the ability to 
use workplace technology effectively. These are essential 
skills for students to develop in order to succeed after 
graduation from high school. These are also the skills that 
will enable graduates to succeed in private-sector training 
environments that account for most post-secondary training in 
the United States.

Alternate academic achievement standards for students with the most 
        significant cognitive disabilities

    It is the intent of the committee to ensure that all 
students are held to the highest possible standards in order to 
be prepared for entry into post-secondary education and 
careers. The committee recognizes, with section 1111(a)(1)(D), 
that general education standards are not appropriate for a very 
small percentage of students with the most significant 
cognitive disabilities. This group of students comprises less 
than 1 percent of the overall student population. The 
committee's intent is to ensure that a parallel, challenging, 
appropriate, and aligned set of standards are available for 
this group of students. The committee also intends for students 
with disabilities who do not have the most severe cognitive 
disabilities to be held to the general education standards with 
the supports, accessibility, and accommodations they need to 
achieve such standards. This includes students with learning 
disabilities, mild and moderate intellectual disabilities and 
multiple disabilities that include cognitive disabilities.

English language proficiency standards

    The committee bill requires States to adopt high-quality 
English language proficiency (ELP) standards by December 31, 
2014. States must also demonstrate that the standards are 
aligned with the State's academic content standards in reading 
or language arts; ensure proficiency in English for each of the 
domains of speaking, listening, reading, and writing; address 
the different proficiency levels of English learners; and 
ensure that the ELP standards are updated, not later than 1 
year after the State adopts any new academic content standards 
in reading or language arts.

Academic assessments

    As States transition to college- and career-ready 
standards, States are required under section 1111(a)(2) to 
implement assessments aligned to those standards. Current 
assessments are unlikely to accurately measure the knowledge 
and skills needed to succeed in the globally competitive 
economy. To address the need for new assessments aligned to 
college- and career-ready standards, many States have joined 
together to develop higher quality assessments. The committee 
bill requires that statewide assessments continue to be 
administered annually in reading or language arts and math for 
grades 3 through 8, and at least once during grades 10 through 
12. Statewide assessments must continue to be administered in 
science at least once during grades 3 through 5, 6 through 9, 
and 10 through 12 and States must disaggregate and report on 
student achievement data.
    The committee agrees with the States that the next 
generation of statewide assessments must align with college- 
and career-ready standards and thus measure the knowledge, 
skills, and competencies students need to succeed in the 21st 
century. These assessments should involve multiple measures of 
student academic achievement, including measures that assess 
higher-order thinking skills and understanding and should be 
capable of measuring student academic growth.
    The committee bill includes language to allow States to use 
multiple assessments over the course of the year to measure 
student knowledge, so long as the scores from these assessments 
culminate in a score equivalent to that of a single summative 
assessment.
    The committee adopted an amendment that was offered by 
Senator Franken that allows States to develop computer adaptive 
assessments that measure, at a minimum, whether each student is 
meeting or exceeding the on-track level of performance for the 
State academic content standards for the student's grade level. 
A State may measure the student's level of performance in the 
grades above or below the student's grade level, which may 
include students' growth at such levels, so long as grade-level 
items are used for determining if a student is on track for 
college- and career-readiness.
    A common and recurring criticism of NCLB is that it has led 
to too much student testing. The committee bill maintains 
current law and continues to require only one annual assessment 
in both reading or English language arts and mathematics and a 
science assessment in each grade span. To address this 
criticism, this bill requires States to regularly analyze 
assessment and accommodations practice and use, and to 
eliminate duplicative assessments identified by such analyses. 
With this data, the committee intends for States and LEAs to 
use this data to accurately determine the source of required 
assessments and to find the opportunities to reduce the testing 
load on schools, teachers and students.
    The committee sees significant value in providing 
additional transparency in reporting. Thus the committee 
adopted an amendment offered by Senator Murray regarding cross-
tabulation that requires States to make publicly available 
performance and graduation rate data for every combination of 
two of the subgroups described in subsection (a)(2)(B)(ix), 
such that data for all permutations of two subgroups will be 
reported. States may, but will not be required to, cross-
tabulate performance data for permutations of three or more 
subgroups.

Alternate assessments for students with the most significant cognitive 
        disabilities

    The committee has provided States with the option, in 
section 1111(a)(2)(E), to create alternate assessments to 
measure the progress of students with the most significant 
cognitive disabilities on alternate academic achievement 
standards. It is the intent of the committee that no more than 
1 percent of all students in a LEA and no more than 1 percent 
of the students in the State would be assessed using alternate 
assessments.

Assessing english learners

    States must include in the academic assessment of reading 
or language arts (using tests written in English) any student 
who has attended school in the United States (not including 
Puerto Rico) for 3 or more consecutive school years. A LEA may, 
on an individual basis assess such students identified as 
English learners in a language other than English for no more 
than 2 years, if such student has not yet reached a level of 
English language proficiency sufficient to yield valid and 
reliable information on what such a student knows and can do on 
reading or language arts tests written in English. Continuation 
of these policies will provide the information needed to 
determine if English learners are college- and career-ready.

State parent and family engagement plan

    The committee believes there is great value in the 
involvement of parents in their children's education. The 
committee bill (section 1111(c)) strengthens current law by 
expanding such involvement to appropriate family members. This 
shift is intended to acknowledge the role that non-custodial 
family members play in the life of a child. States are required 
to develop a statewide parent and family engagement strategy, 
which must prioritize increasing engagement in high-need LEAs 
and schools. States are responsible for ensuring coordination 
of parent and family engagement activities across the State, 
including between the State and the State Advisory Council on 
Early Childhood Education and Care described in the Head Start 
Act and, as applicable, between the State and the Parent and 
Family Information and Resource Center described in title IV, 
as well as among the Federal, State, and local levels. The 
committee is particularly interested in coordination between 
States and State Advisory Councils on Early Childhood Education 
and Care, as alignment of these activities is a key leverage 
point for increasing school readiness among young children. 
Finally, States must provide technical assistance and 
professional development to high-need LEAs regarding parent and 
family engagement.

      FEDERAL PARAMETERS FOR STATE-DESIGNED ACCOUNTABILITY SYSTEMS

    The committee recognizes that accountability systems that 
are more tailored to the needs and strengths of States and LEAs 
may be more successful at leveraging improvements in student 
achievement than the one-size-fits-all approach of the No Child 
Left Behind Act. However it is important that in designing 
these systems certain principles are maintained. The committee 
bill includes Federal parameters for State-designed 
accountability systems that offer flexibility while requiring 
States to set expectations for progress towards student 
college- and career-readiness. States must make annual 
determinations to identify schools, beyond the schools 
identified by the requirements of section 1116, that need 
interventions and supports to meet those expectations of 
progress. The committee expects that the peer review process 
for State-designed accountability systems as part of title I 
plans will ensure that States demonstrate how they will meet 
each of these requirements as part of a robust approach to 
accountability.
    The committee wants to underscore the flexibility explained 
in current Department of Education guidance for school 
districts to fund additional school improvement supports and 
interventions in low-performing title I schools beyond the 
requirements of the revised School Accountability and 
Improvement System in section 1116.

Growth

    The No Child Left Behind Act made clear that annual student 
achievement growth is as critical to understanding school 
success as is a measure of the status of student achievement. 
The committee understands that it is often easier to maintain a 
high level of student achievement among students arriving with 
significant skills and knowledge and receiving significant 
support outside of school than it is to substantially improve 
the performance of students with significant academic deficits. 
The committee recognizes that one of the most important 
flexibilities in this reauthorization bill is the opportunity 
for each State to include growth in addition to status when 
measuring student achievement and creating accountability 
systems.
    The committee recognizes that growth is not an end to 
itself and that, in measuring growth, it is critical to ensure 
a trajectory for a student to actually attain college- and 
career-readiness within a certain number of years. This concept 
of ``growth to standard'' and not growth normed against 
expectations of ``similar students'' is the only growth 
approach allowable within the committee bill parameters for 
accountability systems. States that wish to include growth in 
their accountability systems must propose, as part of their 
title I plans, how they intend to measure such growth and how 
many years they will allow for students to reach the level of 
on track to college- and career-readiness in order to count 
such students as having achieved sufficient growth. The bill 
also requires those States that choose to use growth in their 
accountability systems to expect growth for those students 
already on track to college- and career-readiness.
    In addition to allowing States to include measures of 
individual student growth in calculating school success, the 
committee bill allows States to use measures of school gains in 
determining which schools are persistently low achieving. For 
example, a school that falls into the bottom 5 percent of 
schools in a State because it only has 45 percent of students 
on track to college- and career-readiness (which may include 
measures of sufficient individual student growth), may have 
made enormous gains in recent years. If the school only had 25 
percent of students on track to college- and career-readiness 2 
years ago it may not be wise to remove a principal or replace 
the staff responsible for such gains. Because the bill allows 
States to take those significant school gains into account when 
determining persistently low-achieving schools, that school 
would not likely be placed on the list of persistently low-
achieving schools. In this way, the committee recognizes the 
importance of both student growth and school gains and 
encourages States to use such concepts in designing their 
accountability systems.

Multi-tier systems of support

    The committee encourages States and LEAs to develop and 
adopt the use of multi-tier systems of supports (MTSS) for 
students. These are comprehensive systems of differentiated 
supports that include evidenced-based instruction, universal 
screening, progress monitoring, formative assessments, and 
research-based interventions matched to student needs upon 
which educational decisionmaking using student data can occur. 
The committee also encourages the use of the principles of 
universal design for learning (UDL) and school-wide positive 
behavioral interventions and supports (PBIS) to create positive 
conditions for learning.

State reservation for school improvement

    To build State and LEA capacity for turning around low-
performing schools, this bill allows the flexibility for States 
to continue to reserve up to 4 percent of their title I, part 
A, funds to carry out State and LEA responsibilities under 
section 1116. Ninety-five percent of the reserved amount must 
be used to carry out school improvement, either through 
subgrants or, with an LEA's agreement, directly by the State.

Persistently low-achieving schools

    ESERA ends adequate yearly progress (AYP) and shifts to 
focus Federal turnaround requirements on a more manageable set 
of schools that face the most significant challenges, defined 
as persistently low-achieving schools. Specifically, 
persistently low-achieving schools are defined as those schools 
that States identify in the bottom 5 percent of overall 
performance and those with the most significant achievement 
gaps between student subgroups. The bill requires States to 
identify the lowest-achieving 5 percent of non-high schools and 
the lowest-achieving 5 percent of high schools (including high 
schools with a graduation rate of less than 60 percent). 
Schools must be identified based on student achievement and, at 
the high school level, graduation rates. States may use the 
most recent year of data or the most recent 2- or 3-year 
average in making such determinations. LEAs must notify parents 
if their child's school is identified as a persistently low-
achieving school. States must compile the list of persistently 
low-achieving schools and make it publicly available. Schools 
that are identified as persistently low-achieving have a 5-year 
period for turnaround.
    The bill does provide some flexibility for States with high 
levels of performance across all schools to not identify 
persistently low-achieving schools. States may apply to the 
Secretary for a waiver of the requirements for persistently 
low-achieving schools if they determine that all schools are 
performing at a satisfactory level based on student achievement 
and, at the high school level, graduation rates.
    This bill envisions LEAs playing a critical role in setting 
supporting conditions for persistently low-achieving schools to 
improve. LEAs must conduct a needs analysis for each identified 
school. LEAs must collaborate with parents, the community, 
teachers and other school personnel, and may work with an 
external partner to determine which school strategies to 
implement in each identified school. LEAs must also implement a 
series of policies and practices to help these schools succeed, 
such as providing school staff with professional development 
based on the needs analysis, conducting regular teacher and 
principal evaluations, and providing time for collaboration 
among instructional staff.
    LEAs are also required to provide instructional staff with 
timely access to student data and to use such data to implement 
a research-based instructional program that analyzes student 
progress and performance and includes appropriate interventions 
for students. Recognizing that some elementary schools may be 
low-performing because students enter kindergarten below grade 
level and may have trouble catching up, the bill requires that, 
in the case of an elementary school with kindergarten entry, 
the needs analysis specifically measure school readiness. If 
school readiness is an issue, the LEA and school must 
coordinate with appropriate early childhood education programs 
and develop a plan to improve or expand early childhood 
options.
    Persistently low-achieving schools cannot improve in 
isolation, and LEAs must provide the supports needed for 
success. These requirements reflect the best practices of those 
LEAs across the country that are working on their own and with 
partners to improve the lowest-performing schools.

Public school choice

    The committee approved an amendment at mark-up offered by 
Senator Alexander that requires LEAs to provide students 
enrolled in persistently low-achieving schools with the option 
of transferring to another public school operated by the LEA, 
unless such an option is prohibited by State law. LEAs must 
provide this option not later than 3 months before the first 
day of the school year following identification. LEAs must also 
give priority to the lowest achieving children from low-income 
families.
    Transferring students must be enrolled in classes and other 
activities in the same manner as all other children at the 
public school. LEAs must allow a child who transfers to another 
public school to remain in that school until the child has 
completed the highest grade in such school.

School improvement strategies

    The committee is sensitive to complaints about the 
prescriptive nature of the accountability provisions in the No 
Child Left Behind Act. The committee also recognizes that the 
strict one-size-fits-all approach that was represented by AYP 
provisions have not led to improvement in many identified 
schools, particularly as the number of identified schools 
increase as the 2014 proficiency deadline approaches. To 
address these concerns, the committee bill focuses the 
federally prescribed interventions on persistently low-
achieving schools in each State. The committee believes these 
schools are in need of significant change because many of them 
have been failing to improve student achievement for decades. 
To improve student achievement in schools identified as 
persistently low-achieving, the committee bill requires LEAs to 
implement an evidenced based turnaround strategy in each 
identified school. To address many of the concerns the 
committee has heard about requiring specific models, including 
those models currently in place under guidance for the School 
Improvement Grant (SIG) program, the bill provides LEAs 
multiple models from which to select, including flexibility for 
rural LEAs. It also adds a set of LEA-level requirements to 
make the success of the strategies more likely.

Transformation strategy

    The transformation strategy requires LEAs to replace the 
principal (if the principal has served in that role for more 
than 2 years) with a principal who has a record of success in 
increasing student achievement, or with a principal who is 
specially trained in turning around low-performing schools. 
This element is shared with the strategic-staffing and 
turnaround models. The committee believes that staff working in 
schools that have been identified as persistently low-achieving 
must be committed to implementation of the transformation 
strategy. Therefore, under this strategy, existing 
instructional and school leadership staff must reapply for 
their positions, and all instructional and school leadership 
staff hiring must be done at the school through mutual consent 
for at least the duration of the 5-year turnaround period. The 
term ``mutual consent'' means a process through which the 
principal or hiring team and the instructional staff member or 
school leadership staff member agree to the placement at a 
school. The principal or hiring team must be permitted to 
select instructional and school leadership staff for the school 
from an unrestricted pool of internal and external candidates 
based on an assessment of the qualifications of the individual 
candidates.

Strategic staffing strategy

    As in the transformation and turnaround models, the 
strategic staffing strategy requires LEAs to replace the 
principal if s/he has served more than 2 years and allows the 
principal to staff the school with a turnaround team of her/his 
choosing. This approach recognizes the importance of having a 
core team of dedicated professionals who are bought into the 
leadership and strategy and will work together to see it 
through. The model is based in part on an approach that has 
demonstrated some success in the Charlotte-Mecklenburg school 
LEA in North Carolina.

Turnaround strategy

    This strategy also recognizes the importance of human 
capital in turning around persistently low-achieving schools. 
As in the transformation and strategic staffing models, it 
requires that the school replace the principal (if the 
principal has served in that role for more than 2 years) with a 
principal who has demonstrated a record of success in 
increasing student achievement or is specially trained in 
turning around low-performing schools. It also requires that 
all of the teachers in the school be screened and that not more 
than 65 percent be retained.

Whole school reform strategy

    The whole school reform strategy requires the 
implementation of an evidence-based strategy that ensures whole 
school reform. It must include a partnership with a strategy 
developer offering a school reform program that has 
demonstrated at least a moderate level of evidence, as shown by 
more than one well-designed or well-implemented experimental or 
quasi-experimental study, that the program will have a 
statistically significant effect on student outcomes. The 
committee expects the Department of Education to determine 
which strategies meet these requirements, which could include 
use of the What Works Clearinghouse. The committee recognizes 
that a limited number of models have achieved this level of 
evidence, but hopes that strategy developers will begin to 
undertake the evaluation necessary for their reforms to 
qualify.

Restart strategy

    Under the restart strategy, schools may convert to a 
charter, innovative, or magnet school. The committee believes 
that providing LEAs with the opportunity to convert a 
persistently low-achieving school to a magnet school or to 
create a new, innovative school, particularly in States that do 
not have charter school laws, provides additional flexibility 
to LEAs. In fact, schools in Lansing, Michigan, Cambridge, 
Massachusetts, Fort Meyers, Florida, and Clark County, Nevada 
have improved performance in struggling schools by converting 
those schools into magnet schools. Schools that are converted 
to charter schools must work in partnership with a nonprofit 
charter school operator, a nonprofit charter management 
organization, or a nonprofit education management organization 
that has a demonstrated record of improving student achievement 
for students similar to those served by the school.
    The committee recognizes that restarting a school is 
disruptive for students enrolled in the school that is being 
converted and believes LEAs must prioritize the learning needs 
of the students in these schools. Therefore, LEAs that 
implement the restart strategy must ensure that the new school 
serves the same grade levels as the original school and enrolls 
any former student of the original school who wishes to attend. 
Additional students would be admitted by a random lottery 
system if more students apply for admission than can be 
accommodated.

School closure strategy

    The school closure strategy requires LEAs to close the 
persistently low-achieving school and enroll the students in 
other schools, which may include charter schools that are 
within reasonable proximity to the closed school. The committee 
expects LEAs to enroll these students in high-performing 
schools not schools slightly better than the closed school.

Department of Education-approved strategy

    The committee adopted an amendment offered by Senator 
Alexander to allow States to offer an additional school 
improvement strategy for identified schools that has been 
approved by the Department of Education. The committee expects 
the Department of Education to approve only comprehensive 
evidence-based models that include a combination of key 
elements. The committee's intent is that this model cannot be 
used for the provision of private-school vouchers.

Improvement in persistently low-achieving schools

    The committee recognizes that some persistently low-
achieving schools will improve at a faster rate than others. 
States may want the flexibility to shift resources among 
schools during the identification period. Therefore, this bill 
provides that at any time during the 5-year period, schools 
that have improved sufficiently would not continue to be 
identified by the State as a persistently low-achieving school. 
These schools may continue to receive such grant funds as are 
necessary for the full period of the grant so that these 
improvements can be sustained.
    However, the committee believes that schools that are 
reclassified as persistently low-achieving after the 5-year 
period must implement the restart or school-closure strategy to 
ensure significant change in governance.

School improvement funds

    The committee bill continues to support persistently low-
achieving schools from two different sources--authorization of 
the School Improvement Grant (SIG) program and the required 4-
percent set aside from title I, part A, funds at the State 
level for technical assistance and support for LEAs. Entities 
that may receive grant funds from the SIG include a State, a 
LEA that receives funds under this part and serves at least one 
eligible school, a consortium of such LEAs, or an educational 
service agency that serves at least one LEA.
    States that receive school improvement funds must use 95 
percent of these funds to carry out school improvement 
activities for eligible schools by either (1) awarding 
subgrants, on a competitive basis, to eligible entities for 
these activities; or (2) if the State chooses and the LEA 
agrees, directly providing the activities to the eligible 
school and LEA, or arranging for other entities to provide such 
activities to the school. Subgrants are awarded for a 5-year 
period.
    LEAs must meet certain key conditions in order to receive 
funds. They must demonstrate that they have:
           adopted human-resource policies that 
        prioritize the recruitment, retention, and placement of 
        effective staff in eligible schools;
           ensured that eligible schools have access to 
        resources to implement the school improvement 
        strategies described above;
           identified opportunities to reduce 
        duplication, increase efficiency, and assist eligible 
        schools in complying with reporting requirements of 
        State and Federal programs;
           facilitated alignment and coordination 
        between early childhood education and care programs and 
        services serving students who will attend eligible 
        schools that are elementary schools; and
           developed an early warning indicator system 
        that monitors school-level data, and alerts the 
        eligible school when a student indicates slowed 
        progress toward high school graduation, so that the 
        school can provide appropriate student interventions.
    Regarding the early warning indicator system, research has 
shown that before actually dropping out, most students at risk 
send strong ``signals'' that they are having trouble in school. 
One study found that almost half of dropouts sent ``warning 
signals'' as early as sixth grade. These signals can be found 
in standard data that LEAs keep on their students.
    States may withhold funds from schools for the final 2-year 
period if they have not made progress on ``leading 
indicators.'' This new definition of ``leading indicators'' 
highlights the importance of academic indicators (other than 
test scores) and school climate issues. Tracking leading 
indicators is important because improving student outcomes and 
closing achievement gaps takes time, and these data can 
therefore serve as intermediate measures of school improvement 
before the results show up in indicators like student test 
scores.

Achievement gap schools

    The committee believes that it is important for States and 
LEAs to maintain a focus on subgroup accountability. Therefore, 
the bill requires that States identify the 5 percent of high 
schools and 5 percent of non-high schools that have the largest 
achievement gap among subgroups or the lowest performance by 
subgroups. Schools must be identified based on student 
achievement and, at the high school level, graduation rates. 
States may use the most recent year of data or the 2- or 3-year 
average. To ensure that LEAs are targeting their efforts 
appropriately, achievement gap schools cannot include schools 
identified as persistently low-achieving.
    Because the student subgroups with the greatest gaps and 
that are furthest behind will differ from school to school, 
this bill does not prescribe specific interventions for the 
achievement gap schools. Instead, LEAs should select the 
appropriate intervention based on the needs of the 
population(s) farthest behind. LEAs are required, however, to 
implement a measurable, data-driven correction plan in each 
identified school. To increase transparency, LEAs must notify 
parents if their child's school is identified as an achievement 
gap school.
    The committee believes it is reasonable to expect a 
narrowing of any identified achievement gap within a 3-year 
period. Therefore, this bill puts additional pressure on LEAs 
that have not seen improvements by making any LEA with an 
achievement gap school that has been identified for 3 
consecutive years ineligible for any priority, preference or 
special consideration for any grant, subgrant or other ESEA-
funded program.

Blue Ribbon Schools

    The committee believes that it is important for States to 
have the opportunity to identify and reward schools that are 
top performers. This bill allows States to identify Blue Ribbon 
Schools as the top 5 percent of the State's public elementary 
schools and secondary schools based on the percentage of 
students who are on track to college- and career-readiness for 
English or language arts, and mathematics and, in the case of 
high schools, the school's graduation rate. States must also 
look at the performance of student subgroups and, if the State 
chooses to measure student growth, the percentage of students 
attaining growth, and school gains. Schools identified as 
persistently low-achieving schools and achievement gap schools 
cannot be identified as Blue Ribbon Schools. States may reserve 
up to \1/2\ percent of their title I, part A, funds to 
distribute rewards, on a competitive basis, to LEAs that serve 
one or more Blue Ribbon Schools so that the LEA may provide 
awards to such schools.
    In addition to the possible financial reward, States must 
provide Blue Ribbon Schools with increased autonomy over the 
school's budget, staffing, and time, and allow each Blue Ribbon 
School to have flexibility in the use of any funds provided to 
the school under this act for any purpose allowed under this 
act, consistent with civil rights laws. LEAs must agree to use 
the award funds to improve student achievement and provide 
technical assistance to the lowest-achieving schools in the 
State that have characteristics similar to the Blue Ribbon 
School.

                      PARENT AND FAMILY ENGAGEMENT

    The committee bill envisions several key changes to the 
provisions of section 1118, relating to parent and family 
engagement. The lens of current law is expanded to encompass 
family members, in addition to parents and those who act in 
loco parentis. This change is intended to acknowledge the role 
that non-custodial family members play in the life of a child, 
and to encourage LEAs to strategically engage these adults. The 
bill includes requirements for LEAs to collaborate with 
community-based organizations, employers, and other entities in 
the development and implementation of parent and family 
engagement strategies, and for parent and family engagement 
compacts to describe outreach to community stakeholders. These 
changes recognize research on the critical role that non-
custodial family members, mentors, and other caring adults can 
play in the positive development of children, and especially 
children from low-income and minority communities.

                  HIGHLY QUALIFIED TEACHER DEFINITION

    This bill includes a revised definition of a highly 
qualified teacher which codifies existing flexibility for 
certain types of teachers so that LEAs can effectively staff 
their schools. The definition incorporates existing regulations 
that make clear that a teacher enrolled in an alternate route 
to certification program is considered highly qualified, as 
long as the teacher has passed the State subject matter 
certification or licensure test; is making satisfactory 
progress towards obtaining full certification within 3 years; 
and is participating in a high-quality, State-approved teacher 
preparation program.
    The definition also provides flexibility for teachers in 
rural areas who teach multiple subjects, allowing them to be 
considered highly qualified if they have met the definition for 
at least one core academic subject and becomes highly qualified 
in the additional subjects within 3 years. The definition 
clarifies that a science teacher who holds a broad field 
science or an individual field science certification or 
licensure can be deemed by the State as highly qualified. The 
definition also aligns the definition of a highly qualified 
special education teacher with the definition included in the 
Individuals with Disabilities Education Act (IDEA).
    The committee adopted two amendments offered by Senator 
Murkowski, regarding the highly qualified teacher requirements. 
The first creates a special rule for small, rural, and remote 
schools so that teachers in these schools are permitted to meet 
the highly qualified teacher requirement through distance 
learning and team teaching. The off-site teacher must be highly 
qualified in the subject being taught, be responsible for 50 
percent of direct instruction, monitoring student progress, and 
assigning students' grades. The on-site teacher must be highly 
qualified in at least one other subject, must be present in the 
classroom throughout the period of distance learning, and must 
provide instructional support.
    The second amendment by Senator Murkowski exempts the 
following teachers from meeting the highly qualified teacher 
definition:
           A teacher of Native American, Alaska Native, 
        or Native Hawaiian language or culture, whether the 
        teacher is teaching on a permanent, part-time, or 
        occasional basis; and
           A teacher who is a Native elder or other 
        authority on American Indian, Alaska Native, or Native 
        Hawaiian history who provides instruction in such 
        subject, whether on a periodic or one-time basis.

    The amendment also allows States to decide whether to 
require a local tribe or tribal organization to certify the 
competence of the language, culture, or history teacher.
    The committee adopted an amendment offered by Senator Hagan 
concerning the highly qualified teacher definition. The 
amendment allows States to deem a teacher to be highly 
qualified if the teacher is a participant in an exchange 
visitor program.
    Finally, the committee signals its strong belief that 
teacher effectiveness is paramount by allowing States to deem 
teachers with high ratings under a rigorous teacher evaluation 
system to be considered highly qualified. The bill also allows 
States to waive the highly qualified teacher requirements for 
current teachers if the State can demonstrate that it has fully 
implemented a teacher and principal evaluation system that is 
consistent with TIF parameters.

                 FISCAL REQUIREMENTS AND COMPARABILITY

    The original intent of title I was to provide additional 
resources to States and LEAs for the education of disadvantaged 
children. In order to meet that intent, the law has required 
State and local funds be spent comparably between title I and 
non-title I schools, so that Federal dollars are supplementary.
    However, the LEAs largest expenditure, actual teacher 
salaries, have been excluded from calculations of 
comparability. The committee recognizes that the current 
practice of using average teacher salary allows LEAs to meet 
the current Federal requirement for comparability without 
actually spending State and local funds comparably between 
title I and non-title I schools. The effect of this 
longstanding ``comparability loophole'' is that title I dollars 
are often spent contrary to their intended purpose of providing 
supplemental funds.
    The committee recognizes that there is research that 
indicates significant disparities in spending between title I 
and non-title I schools. The committee's intent in section 1120 
is to ensure title I dollars are provided to schools with 
concentrated poverty as a supplement to a comparable allocation 
of State and local funds. This will ensure that taxpayer 
dollars serve the students for whom they are intended. In 
addition, the accounting of real per-pupil expenditures will 
increase transparency about the allocation of resources. The 
committee expects this data will be accessible to parents, 
taxpayers, LEAs, States and policymakers at all levels of 
government. Recognizing that States and LEAs will need time to 
put the appropriate fiscal mechanisms and data systems in place 
for school level expenditures and other data to be reported 
accurately, LEAs will not be required to comply with these 
changes until the 2015-16 school year.
    The committee adopted an amendment offered by Senator 
Franken that clarifies that in closing the comparability 
loophole, the committee's intent is not to require LEAs to 
transfer school personnel in order to comply. The comparability 
provisions require that title I schools do not have fewer total 
State and local resources than the average of non-title I 
schools in a LEA. LEAs must consider all resources, not just 
salaries.

                       COORDINATION REQUIREMENTS

    Similar to current law, the committee bill encourages LEAs 
to coordinate with early childhood education and care programs 
and providers, including Head Start agencies and providers of 
services under Part C of IDEA, on a variety of matters. 
Activities identified include transfer of records, with 
parental consent, from early childhood education and care 
programs to local schools; ongoing communication between early 
childhood education and care program staff and school staff for 
the purpose of ensuring developmentally appropriate instruction 
and shared expectations; joint training opportunities for early 
childhood education and care program staff and school staff; 
the development of transition procedures to improve school 
readiness for children; and parent-education efforts that help 
parents of young children understand the expectations of and 
services offered by the school in which their child will 
enroll.

                         EQUITABLE DISTRIBUTION

    Current law requires LEAs and States to have an equitable 
distribution of teachers as a condition of receiving title I 
funds. The committee bill continues this requirement but 
provides more clarity on the data States and LEAs must collect 
and report to be in compliance with this requirement. 
Specifically, this bill requires that LEAs collect and report 
to the State on how teachers are distributed across schools for 
each quartile of schools in the State based on school poverty 
level and for high-minority schools and low-minority schools. 
LEAs must report on the distribution based on the following 
teacher characteristics: whether teachers are highly qualified; 
are inexperienced; have completed their teacher preparation 
program; are not teaching in the subject or field for which 
they are certified or licensed; and, where applicable, whether 
they are in the highest or lowest rating category based on a 
teacher evaluation system that meets the requirements laid out 
in title II, part C, the TIF program. States must then report 
this data, aggregated at the State level, to the Secretary. The 
State must also report on the percentage and distribution of 
teachers across the State based on at least two of these 
teacher characteristics or an index of these characteristics. 
States and LEAs are allowed to compile an index based on the 
data so that they may focus on one measure for reporting and 
compliance.
    Research shows that teachers are the most important in-
school factor driving student achievement. The committee 
believes that LEAs should do all they can to use data to 
address any inequities between schools. The committee strongly 
believes that LEAs should be most concerned with the 
distribution of effective teachers across schools so that all 
children have access to high quality instruction. To that end, 
this bill takes steps to encourage States to move in the 
direction of developing rigorous teacher evaluation systems 
that measure teacher effectiveness. Title II, part C, the 
Teacher Incentive Fund provides competitive grant funds to 
States and LEAs that are working to develop such systems. The 
Race to the Top program also includes a teacher evaluation 
component if the Secretary elects to focus the competition in 
any given year on increasing the access of children from low-
income families to highly rated teachers and school leaders. 
Finally, title II, part A, specifies that States and LEAs that 
want to use these funds for teacher evaluation must have 
systems in place that meet the requirements of TIF.

                          EDUCATION TECHNOLOGY

    It is the committee's view that the development and 
implementation of education technology programs and activities 
continue to be important allowable uses of title I funds. While 
technology can never replace effective teachers, the committee 
believes that educational technology can help provide: 
differentiated instruction and personalized learning to meet 
each student's unique needs; engaging and updated content; 
timely information that educators can use to improve 
instruction and decisionmaking; enhanced parental engagement 
through the provision of online information; and access to 
courses often not otherwise available.
    Therefore, the committee supports States, LEAs, and schools 
that choose to use title I program funds for technology and 
digital learning to best meet title I program goals and 
requirements.

                    HIGH SCHOOLS IN TITLE I, PART A

Persistently low-achieving schools

    The committee recognizes that students of color are four 
times more likely than white students to attend a high school 
with a graduation rate under 60 percent. However, under the No 
Child Left Behind Act, approximately 40 percent of these high 
schools made adequately yearly progress. The committee bill 
addresses this disparity by classifying high schools with 
graduation rates under 60 percent as persistently low achieving 
in order to ensure that these schools undergo reform.

Lowest achieving 5 percent of high schools with poverty rates of at 
        least 50 percent

    The committee recognizes that, according to the Department 
of Education, only 10 percent of title I funds are allocated to 
high schools. For high schools, the bill uses a poverty rate of 
50 percent as opposed to whether or not the school receives 
funding under title I, part A, in determining the school's 
classification as a persistently low-achieving school because 
relatively few high schools receive such funding.

Allocation of funds within LEAs

    High schools serve nearly one-quarter of low-income 
students. Local educational agencies are currently permitted to 
use one of several methods for calculating the percentage of 
students living in low-income families in allocating title I, 
part A funds, and 87 percent of LEAs use the percentage of 
students eligible for free or reduced-price lunch. Secondary 
school students are less likely than elementary school students 
to participate in the free or reduced-price lunch program. For 
example, a recent analysis found that for the 2008-9 school 
year, an average of 49 percent of students in public elementary 
schools received free or reduced-price school lunches, compared 
to 44 percent of students attending middle schools, and 36 
percent of students attending high schools.
    To derive a more accurate percentage of students in low-
income families within secondary schools, guidance issued by 
the Department of Education allows LEAs to calculate this 
percentage using a ``feeder pattern.'' A feeder pattern takes 
the average poverty rate of the elementary schools that feed 
into the middle or high school, and applies that average to the 
middle school or high school. The committee recognizes the 
importance of ensuring the most accurate calculation of the 
percentage of secondary school students living in low-income 
families. To that end the committee bill requires LEAs to use 
the higher of the feeder pattern calculation or one of several 
other calculations in identifying eligible school attendance 
areas, ranking eligible school attendance areas, and 
determining allocations of title I, part A, funds.
    Recognizing that the percentage of students from low-income 
families in high schools may be lower than the percentage of 
low-income students in feeder elementary and middle schools, 
the committee bill requires LEAs to rank eligible school 
attendance areas according to the percentage of students in low 
income families, a requirement carried over from the No Child 
Left Behind Act. The committee bill continues to require that 
schools that will first be served are elementary and middle 
schools with a percentage of students in low income families of 
at least 75 percent, and adds a provision to rank high schools 
with a percentage of students in low-income families of at 
least 50 percent. Such schools will be served in rank order. 
Provisions were included so that LEAs are held harmless and are 
not required to reduce the amount of funding provided to 
elementary schools and middle schools for the fiscal year 
preceding the data of enactment of the bill in order to provide 
funding to high schools.

Graduation rate calculations

    Under the No Child Left Behind Act, the Government 
Accountability Office reported the use by States of a myriad of 
graduation rate calculations that made it difficult to get an 
accurate calculation of the percentage of students graduating 
from high school on time. In 2008, the Department of Education 
addressed this issue by requiring a consistent, accurate 
calculation of graduation rates (34 CFR 200.19(b)). The 
committee bill codifies and strengthens these regulations. 
Specifically, States and LEAs will calculate the percentage of 
students graduating from high school in 4 years, a calculation 
known as the ``four-year adjusted cohort graduation rate.'' 
They will also calculate the ``cumulative graduation rate,'' 
which gives credit to high schools graduating students, 
particularly students with disabilities, in more than 4 years. 
The committee recognizes the importance of calculating the 
cumulative graduation rate in LEAs drop-out prevention and 
recovery efforts. The committee believes that graduation rates 
are an important factor that should be given significant weight 
in State accountability plans that are developed and utilized 
subsequent to the passage of this law.

                  TITLE I, PART B: PATHWAYS TO COLLEGE

Subpart 1: Secondary school reform

    The committee recognizes that in today's increasingly 
global economy, it is critical that students graduate from high 
school prepared and ready to succeed in college and the 
workforce. Unfortunately, many of our Nation's high school 
students do not graduate on time or do not graduate at all. 
Additionally, low-income and minority students graduate at 
significantly lower rates than their peers. The Pathways to 
College Program would support the implementation of innovative 
and effective secondary school reforms both LEA-wide and in 
high schools with graduation rates below 75 percent that do not 
receive SIG funds. The bill requires grant applicants to 
implement reform strategies in the feeder middle schools 
serving these high schools because the committee recognizes 
that many of the issues facing at-risk youth begin in middle 
school.
    The committee recognizes that some local educational 
agencies allow all students in a LEA the choice between which 
public high school they wish to attend upon matriculating from 
an elementary or middle school. In the case where a majority of 
the students at an elementary school or middle school do not go 
on to attend any single high school in the LEA, the committee 
intends for the definition of ``feeder middle school'' to be 
interpreted as an elementary or secondary school where a 
cumulative majority of students in the school go on to attend 
any of the eligible secondary schools in the LEA.
    At markup, the committee adopted an amendment offered by 
Senator Hagan that requires recipients of Secondary School 
Reform Grants that offer dual-enrollment coursework to offer 
such coursework free of charge to low-income students.

Subpart 2: Accelerated Learning

    The committee bill maintains support for Advanced Placement 
(AP) and International Baccalaureate (IB), while also providing 
more options for States and LEAs in achieving the goals of 
access to college-level coursework for low-income students. 
Changes to the definition of an AP or IB examination would 
allow States and localities the option to choose another 
evidence-based program model that increases student access to 
rigorous courses in core academic subjects, is benchmarked to 
college readiness, provides aligned end-of-course assessments, 
and includes educator resources to improve instruction.
    The committee bill incorporates language enacted by 
Congress in the America COMPETES Act of 2007 and maintained in 
the reauthorization of that act in 2010. With these provisions, 
Congress has already acknowledged much advancement from 
evidence-based program models showing large increases in 
academic success for students who had access to rigorous high 
school core courses benchmarked to college readiness. The 
language in the committee bill is intended to provide more 
students with the opportunity for achieving college-readiness 
through rigorous courses than is provided in current law.

         Title II: Supporting Excellent Teachers and Principals


           TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND

Teachers

    The bill makes several important changes to title II, part 
A, which has historically been used by LEAs for professional 
development and to provide for more teachers. States and LEAs 
may continue to use their funds for professional development, 
but this bill includes a definition of professional development 
that will drive better investments in this area. By including a 
tighter definition, this bill will help ensure that Federal 
funds will be expended on professional development that will 
improve teaching practice and student learning.
    This bill also sets parameters on how LEAs may use these 
funds for class-size reduction. If LEAs choose to use funds to 
hire additional teachers to reduce class sizes, these teachers 
must teach in the early grades (kindergarten to third) and 
class sizes must be reduced to a size where the research shows 
that students will benefit.
    The largest and most rigorous class size study, the 
Tennessee Student Teacher Achievement Ratio or STAR experiment, 
demonstrated that reducing class sizes in kindergarten through 
third grade to between 13 and 17 students led to statistically 
significant student achievement gains, and that these gains 
were more pronounced for minority and economically 
disadvantaged students. Follow-up studies showed that these 
gains persisted for students who had attended smaller classes.
    The committee also recognizes the significance of high 
quality mentoring for new teachers and principals. Title II, 
part A, includes a definition to ensure that funds spent for 
this purpose will support strong mentoring programs and 
practices in the field. Mentoring is essential to retaining 
teachers as their decisions to remain in teaching are often 
impacted by the quality of the support teachers receive in 
their first years. And, as teacher evaluation systems continue 
to develop, LEAs can focus their efforts on retaining top 
performers.
    This bill also moves the national conversation from a focus 
on teacher qualifications to teacher effectiveness. For this 
first time, teacher evaluation is included as one of the high-
impact activities that States and LEAs may fund using title II 
dollars. States and LEAs that use these funds to support 
teacher and principal evaluation must have in place or develop 
rigorous teacher and principal evaluation systems that are 
consistent with the requirements laid out in TIF, which include 
regular observation, providing feedback to teachers and using 
student achievement in the evaluation. The committee recognizes 
that this is the first step in redirecting the Federal focus to 
teacher effectiveness and anticipates that in future 
authorizations, the committee may be able to go further in this 
direction as States and LEAs continue to make progress in this 
area and more is learned about high-quality teacher and 
principal evaluation.
    This bill also recognizes the importance of equity and 
ensuring that students have access to effective teachers. 
States and LEAs are encouraged to use their title II, part A, 
funds to address any inequities that may exist in the 
distribution of teachers based on their qualifications and, 
where available, on their effectiveness.
    This bill streamlines the list of allowable activities in 
title II, part A, intentionally limiting them to those that are 
likely to have the greatest impact on teaching and learning. 
These activities include establishing beginning teacher 
induction programs, creating career ladders, increasing teacher 
capacity to evaluate student work, and recruiting teachers for 
high-need schools and subject areas--including through 
financial incentives.
    The committee also intends that States and LEAs have the 
flexibility to identify their local teaching and learning needs 
and use Federal funds accordingly. In keeping with this intent, 
high-need subjects such as ``mathematics'' and ``science'' may 
be defined to include other STEM-related subjects, such as 
computer science, engineering and other related subjects.
    The committee adopted an amendment offered by Senator 
Bennet that would allow participating States to set aside 1 
percent of their title II, part A, funds to support the 
creation and oversight of teacher and principal training 
academies. These academies will be rigorously selective in who 
they admit, emphasize clinical training methods to prepare 
teachers and principals, and tie graduation to improving 
student academic achievement. In return for accepting this 
accountability, academies will be free from burdensome, input-
based regulations. States will be required to establish a 
special entity to oversee teacher and principal training 
academies that has the authority to shut down low-performing 
programs.

Principals

    Historically, States and LEAs have used very little of 
their title II, part A, funds to support the professional 
development or training of principals. This bill requires 
States to spend between 2 and 5 percent of funds to improve the 
performance and distribution of high-quality principals. States 
may use their funds to recruit and prepare principals, as well 
as train and support them, and provide compensation or other 
incentives to attract them to high-need schools.
    In recognition of the importance of school leadership, the 
committee also includes support for principals as one of the 
activities that LEAs may direct their title II-A funds towards. 
Effective principals are critical to attracting and retaining 
effective teachers in schools, particularly those serving the 
most disadvantaged students. LEAs need to do as much as 
possible to get strong leaders into these schools, and Federal 
funds can help in this regard.

Funding

    The committee adopted an amendment offered by Senator Burr 
that changed the title II, part A, funding formula by 
eliminating a ``hold harmless'' provision so that States that 
have grown in population and have more poor children will 
receive more funds.

Education technology

    The committee maintains that professional development about 
and through technology is helpful in meeting the goal of 
college- and career-readiness. Therefore, the committee 
encourages States, LEAs, schools, and other entities involved 
in the preparation and professional development of educators to 
ensure teachers and administrators have the knowledge and 
skills to effectively use technology and digital resources to 
improve teaching, learning, and administration.

Principal Pathways program

    Research shows that school leadership is second only to 
teacher quality among school-related factors that influence 
student achievement. And while teacher quality has the greatest 
impact, principal quality determines whether schools can 
attract and retain effective teachers.
    For these reasons, the committee adopted an amendment that 
was offered by Senator Franken to create the Principal Pathways 
program as subpart 5 of part A, to recruit, train and support 
principals in schools that are high-need, persistently low-
achieving, achievement gap, or rural schools. This program 
replaces the current school leadership program. The Principal 
Pathways program improves upon current law by focusing on 
recruitment and training practices that have been demonstrated 
to strengthen school leadership.
    The new program improves the rigor of the application 
process for school leadership grants. There is a priority for 
entities that have a record of success of preparing principals 
who go on to improve student outcomes in eligible schools. In 
addition, the program increases the accountability of grantees 
for achieving results. Grantees will compete to renew their 
grants and scale up their efforts based on their record of 
improving student outcomes. Grantees will also use data on the 
performance of their programs for continuous improvement.
    The committee also recognizes that it is essential to build 
the leadership capacity necessary to turn around persistently 
low-achieving schools. The program will establish a school 
turnaround leadership academy with a focus on recruitment, 
training, placement and support of leaders specifically focused 
on turning around persistently low-achieving schools and 
dissemination of research and information on effective school 
turnaround leadership.

                   TEACHER PATHWAYS TO THE CLASSROOM

    Title II, part B of the committee bill replaces the 
Transitions to Teaching program, which was targeted at programs 
preparing alternate route teachers, with the Teacher Pathways 
to the Classroom program, which is focused not on how teachers 
enter the classroom, but whether they are effective in teaching 
students. The most recent research indicates that the pathways 
to the classroom--whether it be a traditional, alternate route 
or residency model is not predictive of the teachers' success 
in the classroom; what matters is the quality of the 
preparation program. Indeed, a 2009 randomized study by 
Mathematica Policy Research found no statistically significant 
difference in performance between students of teachers prepared 
through alternate routes compared to those prepared through 
traditional routes to teaching.
    Given this research, the committee believes that Federal 
funding should be provided to teacher preparation programs 
based on the quality of the teaching candidates it produces, as 
opposed to the characteristics of the teaching program itself. 
The competitive grant program in this bill allows high-
performing teacher preparation programs to compete for Federal 
funding to recruit and train new teachers in high-need subjects 
and fields to teach in high-need schools. High-quality 
traditional route programs will be able to compete on equal 
footing with alternate route programs with proven records of 
success, such as Teach for America and the Teaching Fellows 
programs operated by The New Teacher Project, as well as 
teacher residency programs with a strong record of producing 
candidates that increase student achievement.

Teacher of high-need subjects

    The committee intends, in section 2201(b)(2), that State 
and LEAs have the flexibility to identify their local teaching 
and learning needs and use Federal funds accordingly. In 
defining mathematics and science as high-need subjects, the 
committee intends to include other STEM-related subjects, such 
as computer science, engineering and other related subjects.

                     TEACHER INCENTIVE FUND PROGRAM

    The committee bill authorizes the Teacher Incentive Fund 
(TIF), a program that was first authorized in 2006 through 
title V, part D of the Departments of Labor, Health and Human 
Services, and Education, and Related Agencies Appropriations 
Act, but makes important changes to the program. The TIF 
program currently provides grants to States and LEAs to develop 
or improve performance-based compensation systems for teachers 
and principals. As an authorized program in ESEA, TIF will 
require that grantees also develop or improve rigorous, 
transparent and fair teacher and principal evaluation systems.
    The committee strongly believes that the TIF program, as a 
competitive grant program, can lead the way in driving 
improvements in teacher and principal evaluation across States 
and LEAs. The Federal focus has shifted from qualifications to 
effectiveness, and the TIF program has been expanded to include 
teacher and principal evaluation accordingly to reflect this 
new and critical focus. Improving teacher and principal 
evaluation systems is the key to improving teaching practice 
and student learning and can be linked back to teacher 
preparation programs so that LEAs can make better decisions 
about which programs they partner with to hire teachers.
    Grantees must develop teacher and principal evaluation 
systems based on a set of limited, but critical, parameters. 
These evaluation systems must provide meaningful feedback to 
teachers and principals; establish multiple categories of 
teacher and principal performance; evaluate teachers regularly 
using multiple measures; inform decisions about professional 
development; be regularly reviewed to ensure that the 
evaluations provide meaningful differentiation; and evaluators 
must be trained. The committee believes that, given the nascent 
state of evolution of teacher evaluation policy and practice, 
it is appropriate at this time to focus on using it to inform 
professional development, not personnel decisions. The 
committee is concerned first and foremost with encouraging 
States and LEAs to develop robust teacher evaluation systems 
that provide accurate information about teacher performance and 
guide improvement. The committee believes that requiring States 
and LEAs to use this information for personnel decisions is 
premature and may result in some ``gaming'' of the system if 
there is too much pressure on it in its early stages of 
development.
    The bill also specifies that, for teachers, evaluation 
systems must be based in significant part on student 
achievement; include observations of classroom teaching; and 
may include other measures of student achievement and teacher 
performance. For principals, evaluations must be based in 
significant part on student achievement and student outcomes 
(e.g., high school graduation rates); evidence of strong 
instructional leadership and support to teachers and other 
staff; and may include other measures of principal performance, 
such as parent and family engagement.
    The committee believes strongly that incentivizing States 
and LEAs to implement rigorous teacher and principal evaluation 
systems tied to professional development is one of the most 
important policies in this bill that will improve teaching and 
school leadership across the country and lead to better student 
outcomes.
    The committee also believes that the requirement in title 
II-A that States and LEAs that choose to use these funds for 
evaluation must meet the evaluation parameters laid out in TIF 
is significant. These parameters are critical to rigorous 
teacher and principal evaluation systems, and the Federal 
Government must promote alignment to these parameters not only 
in competitive grant programs like TIF but also, to the extent 
possible, in formula programs like title II, part A.

 Title III: Language Instruction and Academic Content Instruction for 
                English Learners and Immigrant Students

    The changes reflected in title III are designed to better 
leverage funds to supplement the use of evidenced-based 
programs and practices, including professional development, to 
support the acquisition of English and the ability for English 
learners to graduate college- and career-ready. Key reforms 
include updating the formula used to allocate resources to more 
accurately provide resources to the school and LEAs serving 
English learners; requiring States to maintain existing 
investments in educational supports for English learners; and 
calling attention to long-term English learners to ensure that 
underserved students receive additional instructional supports. 
In order to allow for better service delivery to students at 
all levels of English proficiency, States and LEAs are 
encouraged to continue to monitor the progress of English 
learners throughout their school careers, including early 
childhood education and care settings and recognize the 
developmental nature of second language acquisition.
    States are no longer required to assess progress according 
to established annual measurable achievement objectives, but 
they are still responsible for ensuring that English learners 
attain English proficiency and find ways to demonstrate such 
proficiency in core academic subjects.
    This title also authorizes national projects, including 
partnerships to support the pursuit of advanced degrees for 
individuals and in fields that will support improved quality 
and increased access to programs designed to support the 
learning and development of English learners. It is the intent 
of these strategies to support capacity building efforts to 
identify and better disseminate effective strategies for 
supporting the learning and development of English learners.

         Title IV: Supporting Successful, Well-Rounded Students


         IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT

    While reading remains one of the core academic subjects 
tested by States and LEAs, the committee is concerned that 
effective comprehensive literacy instruction is often not 
implemented well at both the State and local levels. Literacy 
is the cornerstone of all learning, and a literacy-rich 
environment is important for academic success. As such, it is 
the committee's desire to provide assistance for the meaningful 
implementation of effective literacy instruction articulated 
across the grades and across the curriculum. Data show that 
adequate reading and writing skills are correlated with on-time 
high school graduation. Yet data also show that only half of 
all 12th graders are ready for college level reading, with only 
21 percent of African-American students prepared to read and 
write at a post-secondary level. To address these concerns, the 
committee believes the comprehensive birth to grade 12 approach 
and specific grade span targeting within the Improving Literacy 
Instruction and Student Achievement program will improve 
literacy instruction and thus increase college- and career-
readiness and graduation rates for all students.
    The new Improving Literacy Instruction and Student 
Achievement program responds to the clear need for literacy 
instruction and high quality support for students at all ages, 
development and grade levels. This legislation provides for 
high-quality literacy instruction that will help States 
strengthen the literacy skills of all students from birth 
through high school. The committee bill includes planning and 
implementation grants to States to implement comprehensive 
literacy instruction programs for children from birth to grade 
12.
    Grants to support local comprehensive literacy programs 
will be distributed to States by formula if the appropriation 
for this program exceeds $500 million (below this amount, 
grants are awarded to States competitively). States will then 
competitively distribute funds to LEAs and early childhood 
education providers. Funds will also be used to support State 
Literacy Leadership Teams to develop comprehensive, statewide 
strategies for improving literacy. States and LEAs will also be 
required to provide high-quality, research-based professional 
development opportunities for educators, including job-embedded 
support from literacy coaches. Overall States and LEAs will be 
supporting evidence-based practices to improve literacy and 
writing, including targeting students reading and writing below 
grade level.
    Today, more than 6 million of America's middle and high 
school students are struggling readers. Therefore, this program 
not only focuses on literacy development in early childhood 
education and care programs and through the elementary grades, 
resources are also made available to middle- and high-school 
teachers to ensure they have the skills, knowledge, and support 
necessary to recognize and respond to the literacy needs of all 
students.
    Additionally, the committee would like to clarify that 
eligible entities that receive subgrants in support of birth 
through kindergarten entry literacy may utilize funding to 
provide targeted instruction for children whose early literacy 
skills are below the appropriate age or developmental level as 
demonstrated by a screening assessment.

 IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH INSTRUCTION AND 
                          STUDENT ACHIEVEMENT

    To ensure future competitiveness in the global economy, 
America requires a workforce highly skilled in science, 
technology, engineering and mathematics (STEM). Yet, our 
education efforts in these critical areas lag behind those of 
other advanced nations. The committee bill includes a new 
Improving Science, Technology, Engineering, and Math 
Instruction and Student Achievement program as part B of title 
IV that will improve student academic achievement in STEM by:
         Getting students engaged and excited about 
        STEM subjects through high-quality instruction, 
        opportunities to participate in STEM competitions, and 
        exposure to STEM careers;
         Helping more students access high-quality STEM 
        courses and learning opportunities;
         Improving the quality and effectiveness of 
        classroom instruction by recruiting, training, and 
        supporting excellent STEM teachers and providing robust 
        tools and supports for students and teachers; and
         Closing student achievement gaps and preparing 
        more students to be on track to college- and career-
        readiness and success in STEM subjects.
    Grants will be distributed to States (alone or in 
partnership with other States, non-profit entities, 
institutions of higher education or educational service 
agencies) by formula if the annual appropriation exceeds $500 
million; below this amount, grants will be awarded to States 
competitively.
    The committee recognizes STEM education as a national 
priority in the country's elementary and secondary education 
system. For the purposes of this title, the committee would 
like to clarify that ``STEM education'' encompasses science, 
technology, engineering and mathematics as well as other 
academic subjects, such as computer science, that build on 
these disciplines, are important to scientific discovery, 
business and industry and that States identify as part of the 
State analysis required by section 4204(b)(1).
    The committee recognizes the importance of increasing 
access for students who are members of groups underrepresented 
in STEM and requires that States describe how grant activities 
will increase access for such students. It is the intent of the 
committee that students who are members of underrepresented 
groups would include female students, minority students, 
students who are English language learners, children with 
disabilities, and students from low-income families.

              IMPROVING ACCESS TO A WELL-ROUNDED EDUCATION

    Current Federal approaches to enriching the curriculum have 
been in the form of separate, uncoordinated discretionary grant 
programs for individual academic subjects that had significant 
benefits for a relatively small number of LEAs that were able 
to successfully compete for funding. But these single-subject 
competitive programs did not leverage broader change in State 
and local policies and practices in ways that considered all 
academic subjects offered, as a whole. Therefore, the committee 
adopted an amendment offered by Senator Casey to create the 
Increasing Access to a Well-Rounded Education program. This 
program will require applicants to provide access to a well-
rounded curriculum by giving grants to States, in partnership 
with LEAs, educational service agencies, and non-profit 
organizations, to increase the access of low-income students to 
a well-rounded education. The grants will be distributed by 
formula when appropriations for the program reach $500 million, 
and will be awarded competitively below that. The committee 
bill eliminates a number of programs that promote instruction 
in a variety of subjects, including Arts in Education, Civics, 
Teaching American History, Economics Education, and the Foreign 
Language Assistance Program. This program will allow States to 
continue to build teacher capacity and increase the access of 
low-income students to a well-rounded education, including in 
the arts, physical education, financial literacy, health 
education, foreign languages, civics, history, and 
environmental literacy.

                 SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

    The committee believes that children should attend schools 
that are safe, drug-free and that foster positive learning 
environments.
    As such, the committee bill authorizes the Successful, 
Safe, and Healthy Students program as part D of title IV, which 
will advance student achievement and positive child and youth 
development by promoting student health and wellness, 
preventing bullying and harassment, violence, and drug use, and 
fostering a positive school climate. States receiving grants 
must establish a statewide physical education requirement, and 
require all LEAs to put in place anti-bullying and harassment 
policies.
    To support positive conditions for learning, States will 
receive funding to implement programs to promote student 
health, fitness, and mental health, and to prevent drug abuse 
and school violence. To support data-driven prevention and 
foster student success, the committee bill authorizes a minimum 
of $30 million for formula grants to help all States develop or 
enhance systems that will give local leaders the information 
they need to improve the conditions for learning in their 
schools and communities.
    These data systems will provide to each State the support 
necessary to measure the conditions for learning in each 
school. Resources will also be available for grants to LEAs to 
establish policies and activities to improve the conditions for 
learning in each of their schools. This legislation gives 
States and LEAs the resources and opportunities to create safe, 
healthy schools that will enhance the academic achievement of 
students.
    It is the committee's intent that the Successful, Safe and 
Healthy Students program will advance student achievement and 
promote the physical, mental, and emotional health of students 
throughout the Nation. Grants could support activities that 
reduce violence in schools, prevent bullying and harassment, 
help students make responsible choices about drugs, tobacco, 
and alcohol, and create positive school environments.
    It is the committee's intent that grant funds provided by 
the Successful, Safe and Healthy Students program support the 
creation of the essential conditions for learning in schools, 
including adequate physical activity, positive mental health, 
and safe environments. Those conditions include physical and 
emotional safety for both students and school personnel and 
promote positive character development in our youth. Schools 
with the essential conditions for learning also provide for 
opportunities for good nutrition, and are free of violence, 
harassment, and bullying. These schools are free of weapons and 
prevent the use and abuse of drugs and alcohol. The committee 
understands that students experience violence in many forms, 
including dating violence. It is the intention of the committee 
that funds allocated for violence prevention activities could 
include activities to reduce incidences of dating violence 
between students.

                21ST CENTURY COMMUNITY LEARNING CENTERS

    The committee recognizes that students, particularly those 
who are furthest behind, benefit from more time for learning. 
Programs that significantly increase the total number of hours 
in a regular school schedule can lead to gains in student 
academic achievement. Yet American students spend about 30 
percent less time in school than students in other leading 
nations. Students in China, Japan, and South Korea who attend 
school 40 days more on average than American students 
significantly outperform American students in math and science.
    As such, the committee bill gives eligible applicants the 
authority to apply for grants to fund (1) activities currently 
allowed under the program (before-school, after-school, and 
summer-learning programs); (2) school-based extended learning 
programs that are optional or for targeted groups of students; 
or (3) a redesign and expansion of the school day, week or 
year, for all students across all grades, to creatively 
integrate academic and enrichment strategies. The bill expands 
the current uses of the program to include expanded learning 
time because the committee believes that it is a separate, but 
related concept, in that the goal is to extend, rather than 
supplement learning time.
    Additionally, the committee believes that evaluation data 
will yield valuable information on the models and their 
implementation. While the committee supported Senator 
Whitehouse's amendment to prohibit the U.S. Department of 
Education from prioritizing one model over the other, it 
emphasizes that this should not be construed to prohibit the 
Department from providing best practice information and 
technical assistance under the 21st Century Community Learning 
Centers program.
    The committee believes that strong partnerships between 
schools and the community are an important aspect of this 
program. To make partnerships between community-based 
organizations and LEAs most effective, the committee believes 
partnerships between local education agencies, schools and 
community-based organizations should be marked by active 
collaboration, including the appropriate sharing of relevant 
student data among the schools and organizations, and any 
partnering entities, while complying with applicable laws 
relating to privacy and confidentiality. Additionally, while 
the committee supported Senator Whitehouse's amendment to 
clarify that either the LEA or the community partner could be 
the lead applicant and fiscal agent, the committee believes 
that public agencies are important partners and suitable lead 
applicants and fiscal agents and intends to rectify this 
omission.
    Finally, it is the committee's intent that funds provided 
under this section can be used for high quality mentoring 
activities. Mentoring programs based on scientifically valid 
research have shown to be a cost-effective strategy for 
improving academic performance, reducing dropout rates, 
preventing substance abuse, and promoting mental health and 
self-esteem.

                         PROMISE NEIGHBORHOODS

    The committee believes, by authorizing the Promise 
Neighborhoods program, that communities can leverage Federal 
funds to design and implement a comprehensive pipeline of 
existing educational and community supports that fits their 
community's unique strengths and responds to their unique 
needs, with the goal of ensuring college- and career-readiness 
for all children in the neighborhood.
    The committee bill requires grantees to combine high-
quality education with community- and family-based supports, 
coordinating a continuum of services from birth through college 
to career. Research demonstrates that young people are more 
likely to succeed in school when their comprehensive needs are 
met. The committee's Promise Neighborhoods program would 
require grantees to provide high-quality early learning 
programs, effective family and community engagement, and better 
services for special populations; to leverage public and 
private sector support; and to coordinate the services and 
resources of local nonprofits, schools, health centers, 
universities, and foundations. It authorizes 5 year, renewable 
grants to ensure that communities scale up their services and 
support a new generation of educated workers.

Promise Neighborhoods Partnership Grants

    The Partnership Grants program is intended to support 
grantees as they build continuums of care and is modeled after 
Harlem Children's Zone (HCZ) in New York City. The HCZ began as 
a single-block pilot in the 1990s and has since expanded to 96 
blocks, covering most of Harlem. Today HCZ operates two charter 
schools and leverages a wide range of public, nonprofit, and 
philanthropic funds to provide wrap-around services to over 
10,000 youth and about the same number of adults each year. The 
committee recognizes that, although HCZ has been successful, 
Federal funds and direction were not the cause. To replicate 
this work in other eligible neighborhoods will require local 
community leaders to combine available Federal resources with 
private, State, and local funding. Thus, the program includes a 
significant matching-funds requirement.
    As they offer pipeline services, as defined in the 
committee bill, the committee anticipates a wide range of 
working arrangements in the Promise Neighborhoods Partnerships 
Grants in subpart 1, with different roles and responsibilities 
carried out by community-based organizations (CBOs) and LEAs in 
different applications, though all eligible entities must 
include an LEA in partnership with at least one nonprofit. The 
requirement for partnership in application exists because: (1) 
the performance metrics for the program are intended to span 
the full continuum of care; (2) the education-reform aspects of 
the Promise Neighborhoods program can be carried out most 
effectively with local schools as a willing partner.
    The services grantees would coordinate are all directed 
toward giving all children in the neighborhood the skills they 
need to succeed in school, college, and careers. Grantees can 
use funds to coordinate existing services including:
           pre-natal education and support for 
        expectant parents;
           high-quality childhood education and care 
        and education opportunities, including by strengthening 
        the early care workforce in the neighborhood and 
        improving data systems;
           high-quality schools and before- and after-
        school programs;
           support for the transition to elementary 
        school, between elementary school and middle school, 
        and from middle school to high school;
           family and community supports;
           college- and career-readiness activities, 
        such as help with the college admissions process; and
    However, the committee does not intend for grantees to be 
required to track or provide assistance to participants 
throughout their careers.

Subpart 2: Promise School Grants

    The Promise School Grants described in subpart 2 are 
intended to support partnerships as they create continuums of 
care revolving around schools in poor communities. As with the 
Partnership Grants, the committee anticipates a wide range of 
working arrangements in the Promise School Grants. These are 
school-centered grants, though the number of schools initially 
included in the applicant's plan will vary consistent with the 
requirement to provide sufficient size and scope to serve the 
entire neighborhood. The extent to which pipeline services will 
be located in or provided at the school may also vary, 
especially in the case of applications led by charter schools 
that are their own LEA. However, the committee intends for 
Promise School grantees to ensure the sustainability of the 
programs they offer and consider ways to expand the area served 
over time. The committee anticipates that LEAs leading Promise 
School applications will have a successful record of 
partnership with CBOs; other Federal, State, and local 
agencies; and local employers or philanthropies. The committee 
encourages LEAs applying for Promise School grants to see them 
as an opportunity for transformation rooted in a distressed 
neighborhood that may catalyze partnerships and systemic reform 
throughout the LEA.

Performance metrics

    The committee bill requires the Secretary to establish 
performance metrics for both grant programs. The committee 
intends for any such metrics to span the continuum of care, 
from prenatal care and parent education to college entry and 
retention; to hold grantees accountable for successful 
transitions, such as by tracking rates of kindergarten 
readiness or through the use of early warning indicators in the 
middle grades; and to encompass measures of community 
partnership and family engagement, such as the percent of 
parents and family members who participate in school events or 
the number of local businesses engaged by partnerships.
    The committee, in authorizing Promise Neighborhoods, 
recognizes that many communities struggle to align resources to 
create the pipeline services envisioned under this program, but 
believes that successful examples--such as HCZ or the hundreds 
of community schools located around the Nation provide guidance 
on successful implementations and can be instructive to other 
communities as they consider applying for these grants. As 
such, great emphasis is placed on applicants seeking and 
securing non-Federal and non-public funds in applying for this 
grant, as well as a full accounting of the services that 
already exist that can be aligned with grantee goals. The 
Federal investment should not be viewed as the driver of the 
services envisioned under this program, but a contributor and 
catalyst for communities to take stock of their existing 
resources and deploy them in a coherent, comprehensive way.

           PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS

    Renamed Parent and Family Information and Resource Centers 
(PFIRCs) to acknowledge the role that both parents and non-
custodial family members play in supporting children's 
educational progress, the committee bill narrows the program's 
goals and functions to supporting States. PFIRCs are also 
required to help support the community of practice related to 
effective parent and family engagement strategies, and to work, 
to a lesser extent, with LEAs, schools, parents, family 
members, and community members. The bill requires PFIRCs to 
engage in a selection of high-impact activities, such as 
supporting States as they work with high-need LEAs to improve 
their local parent and family engagement plans, providing 
parent institutes or other leadership training for low-income 
families, and coordinating parent and family engagement 
strategies statewide. Grantees also must now meet performance 
goals to receive continued funding and be eligible for future 
competitions.
    It is the committee's intent that, while applications for 
grants from consortia consisting of nonprofit organizations 
(including statewide organizations) and State or LEAs are 
welcome, the nonprofit organization is to serve as the fiscal 
agent.

                   PROGRAMS OF NATIONAL SIGNIFICANCE

    The committee notes that while many programs in this act 
are targeted at the State level, certain national providers can 
also play a role by employing an infrastructure that reaches 
across State lines. The committee bill authorizes grants to 
State, LEAs, institutions of higher education, or other public 
and private non-profit agencies, organizations, and 
institutions to carry out programs to increase students' 
college- and career-readiness, to improve instruction, and to 
invest in activities that improve student achievement in a 
variety of domains and subjects. The committee notes that, in 
the past, award recipients with similar capabilities as those 
sought under the Programs of National Significance have been 
funded through congressionally directed, earmarked spending. 
The Program of National Significance's funds are not an 
opportunity for these traditionally specified groups to 
continue dedicated funding, but an opportunity for other groups 
of similar missions and capabilities to apply and receive 
funding through the competitive process.

  Title V: Promoting Informed Parental Choice and Innovative Programs


                            RACE TO THE TOP

    The committee believes that the Race to the Top program, 
part A of title V, has shown promising results in bringing 
State and local leaders together to address education reforms. 
To build upon this promise and build toward meaningful reform, 
this act authorizes a new competitive grant program to 
incentivize comprehensive reforms and innovative strategies 
that are designed to lead to improved academic achievement for 
all students. Each year that funds are available, the Secretary 
will choose at least one priority from among the following 
critical educational goals for each competition:
       increasing the access of children from low-
income families to highly rated teachers and school leaders, 
including by developing and implementing a teacher and 
principal evaluation system;
       strengthening the availability and use of high-
quality and timely data to improve instructional practices, 
policies, and student outcomes;
       implementing college- and career-ready academic 
standards and strategies that translate such standards into 
classroom practice;
       turning around the schools served by the lowest 
performing schools;
       supporting successful conditions for the 
creation, expansion, and replication of high-performing public 
and autonomous charter schools that serve students from low-
income families;
       providing equitable resources to high-poverty 
schools; and
       improving school readiness by increasing access 
of children from low-income families to high-quality early 
learning programs and creating an integrated system of high-
quality early learning programs and services.
    As with the funding priorities, the Secretary will also 
choose what entities will be eligible for each year's 
competition. Eligible entities may include States, high-need 
LEAs and consortia of either, on the basis of their record of 
innovation and reform, the quality of their plan, and evidence 
of collaboration, among others. The application review and 
selection process must be equitable and transparent, and 
priority will be granted to rural high-need LEAs or consortia, 
as well as any eligible entity that provides a full-day, full-
year kindergarten program to all kindergarten students, or to 
all kindergarten students from low-income families. The 
duration of the grants will be up to 4 years and continued 
funding will be conditional upon the grantees' demonstrated 
progress in implementing their plans for reaching the 
performance targets and their objectives on time.
    The committee believes that Race to the Top applications 
from States and consortia of States must be signed by each 
State's Governor, the State's chief school officer, and the 
president of the State board of education (if applicable). For 
any grant competition with the goal of improving early 
childhood education and care, States and consortia of States 
can award subgrants only to public or private nonprofit 
agencies and organizations; however, it is the committee's 
intent that any public or private early childhood education 
program, as defined in the Higher Education Opportunity Act 
(P.L. 110-315), is eligible to receive funds from such 
subgrants for activities consistent with any purpose included 
in the eligible entity's plan described in section 5104(a)(3).

                        INVESTING IN INNOVATION

    The Investing in Innovation program, part B of title V, was 
initially authorized under the American Recovery and 
Reinvestment Act. In codifying and building upon the program, 
the committee recognizes the importance of expanding the 
implementation of, and investment in, innovative practices with 
a demonstrated impact on improving student achievement, closing 
achievement gaps, increasing high school graduation rates, 
improving teacher and school leader effectiveness, or improving 
school readiness. In including a set-aside for rural LEAs the 
committee recognizes the unique needs of such LEAs and intends 
to ensure the development of innovative practices targeted 
toward their needs.

                         PUBLIC CHARTER SCHOOLS

    The Federal charter schools program, part D of title V, has 
been an instrumental complement to the State and local 
development of innovative and successful public school models 
across the Nation. In this act, the program is updated to 
reflect lessons learned since the last reauthorization and to 
address the overwhelming demand, as evidenced by growing 
waiting lists, for the expansion and replication of high-
performing charter schools. The program provides 85 percent of 
funding for the charter school grants and 15 percent for 
charter school facilities.
    The committee believes that Federal charter school dollars 
should fund high-performing charter schools, ensuring that 
scarce resources support schools that raise student academic 
achievement. With a focus on improving the quality of the 
sector and investing in proven models of success, the charter 
school grants program will support the creation, expansion, and 
replication of high-performing charter schools through 
competitive grants to States, LEAs, authorizers, and charter 
management organizations.
    The definition of a ``high-performing charter school'' 
requires applicants to have goals that are higher (new schools) 
or results that are significantly higher (existing schools) 
than demographically similar schools in the State for all 
students and for subgroups of students in student academic 
achievement and growth, consistent with section 1111, and in 
the case of a high school, graduation rates and college 
enrollment and persistence. The definition also requires such 
charter schools to have similar or higher student retention 
rates. A minimum of 65 percent of funds available for the 
charter school grants must be awarded to States. It is the 
committee's belief that States are ultimately responsible for 
authorizing charter schools and, as the recipient of the 
Charter Schools Program funds, still provide the innovative 
approaches to chartering that can inform best practices in 
other States. Grants will be awarded for an initial period of 3 
years, and may be renewed for an additional 2 years if the 
grantee is making satisfactory progress in meeting the grant's 
objectives.
    To ensure that limited Federal resources are targeted to 
charter schools with a commitment to, or a record of, strong 
academic results, the reauthorized program requires high goals 
of student academic achievement for all student subgroups and 
meaningful community outreach to parents and families. It also 
incentivizes sound State policies for supporting charter 
schools but also for overseeing, monitoring and holding them 
accountable; promotes strong performance-based authorizing 
policies that are transparent and effective in closing down 
unsuccessful schools, and ensures that charter schools ensure 
equitable access to, and effectively serve the needs of, 
students with disabilities and English Learners. Priority will 
be granted to applicants that propose to serve students from 
low-income families.
    The legislation establishes rigorous application 
requirements and selection criteria, with an emphasis on 
authorizing. For example, the selection process must examine 
the applicant's record of closing low-performing charter 
schools and the State's requirements for, and enforcement of, 
high-quality standards for charter school authorizers, 
including standards for rigorous and periodic reviews. Priority 
is given to States that ensure that all charters get a thorough 
review at least every 5 years.
    The committee encourages the enrollment of students with 
disabilities and English language learners in charter schools 
and, recognizing the under-enrollment of such students in 
charter schools nationally, seeks to ensure that charter 
schools are accessible to all students on an equitable basis. 
To this end, the legislation includes critical provisions so 
students with disabilities and English learners are served 
effectively by charter schools. In addition to subgroup 
performance contract goals, the legislation requires all 
applicants to describe how they will ensure that each charter 
school provides equitable access and effectively serves the 
needs of all students, including children with disabilities and 
English learners, and implements outreach and recruitment 
practices that include families of such students. In addition, 
the selection process must examine the quality of the 
application for supporting charter schools, through such 
activities as technical assistance, to improve student academic 
achievement and growth for each subgroup and to promote 
effective outreach to, and recruitment of, students with 
disabilities and English learners, and their parents and 
families. The legislation also requires that grantees provide 
support and technical assistance in effectively serving the 
needs of students with disabilities and English learners, 
implement outreach and recruitment practices that includes 
their families of students who are children with disabilities 
and English learners, and directly, or through a partnership 
with a nonprofit, develop and implement parent, family, and 
student information, outreach, and recruitment programs to 
provide information and support to parents, families, and 
students about the public school choice options available to 
them. Overall, this legislation reflects the committee's 
commitment that students with disabilities and English language 
learners have equal access to high-performing charter schools.
    The charter school facilities program will support eligible 
entities to improve access to facilities and facilities 
financing for high-performing charter schools and assist them 
in addressing the cost of acquiring, constructing, and 
renovating facilities. Eligible entities include States, LEAs, 
nonprofit organizations, State financing authorities, or a 
consortium of such entities. Competitive grants will be made 
for innovative facilities financing programs, including credit 
enhancement, open-facilities-access programs, making available 
renovated or adapted space, leveraging State and local 
facilities funding, and State per-pupil facilities aid 
programs. At least 65 percent of the funds must be expended for 
credit enhancement grants.

            Title VI: Promoting Flexibility; Rural Education

    The committee recognizes the Federal Government's declining 
capacity to maintain historically high levels of education 
funding. It further recognizes the challenges LEAs face in 
using the current Federal funding for their own unique, LEA-
specific needs with specific requirements under each Federal 
formula grant program. ESERA builds upon the current law 
transferability provisions allowing LEAs to transfer as much as 
100 percent of funding between ESERA formula grant programs. 
The committee maintains current law restrictions on moving 
funding out of certain formula funds, but updated to place 
restrictions on moving funds out of titles I, III, VII, or 
VIII.
    The committee, recognizing the continued unique challenges 
facing rural LEAs reauthorizes the Rural Education Achievement 
Program (REAP), with changes. Since the 2000 Decennial Census, 
improvements have been made to the geocoding technology 
necessary to more accurately determine which areas are rural 
and which areas are urban based upon proximity to metropolitan 
areas, rather than on population figures alone. Technological 
advancements as well as further work in accurately determining 
rural areas of the country by the Office of Management and 
Budget (OMB) provides greater confidence to the committee that 
rural education program funds will be better targeted and 
focused on truly rural areas, far from urban and metropolitan 
fringes.
    Of significance, the committee updated the locale codes to 
33 (territory 35 miles away from an urban cluster), 41 (Census 
territory that is less than or equal to 5 miles from an 
urbanized area, as well as rural territory that is less than or 
equal to 2.5 miles from an urban cluster), 42 (Census territory 
that is more than 5 miles but less than or equal to 25 miles 
from an urbanized area, and rural territory that is more than 
2.5 miles but less than or equal to 10 miles from an urban 
cluster), and 43 (Census rural territory that is more than 25 
miles from an urbanized area and is almost more than 10 miles 
from an urban cluster).
    Further, the committee provided flexibility for LEAs that 
qualify both for the Rural Low-Income Schools (RLIS) and Small 
Rural School Achievement (SRSA) programs by providing LEAs the 
option of choosing the program for which they would prefer to 
receive funding.

    Title VII: Indian, Native Hawaiian, and Alaska Native Education

    The changes reflected in title VII of the committee bill 
are designed to better focus the use of funds on programs and 
activities that meet the unique cultural, language, and 
educational needs of American Indian students to ensure that 
such students graduate college- and career-ready.
    Key reforms included in this reauthorization include 
additional flexibility to enable tribes and tribal educational 
agencies more authority over the education and development of 
Native students; a focus on the provision of high quality early 
childhood education and care services to ensure that children 
begin school ready to learn and recognition of the critical 
role tribal leaders can play in the education and development 
of Native students.
    This title authorizes the use of funds to support the 
preservation, reclamation and restoration of Native languages, 
acknowledging the role that these practices can have in 
supporting the academic achievement and also directs the 
Secretary of Education and the Director of the Bureau of Indian 
Education to conduct a study to improve collaboration among 
these two entities to better support the provision of 
educational services to tribes and Native students. Recognizing 
the challenges facing Native students and communities, it is 
the committee's intent that these improvements strengthen 
collaboration between the Department of Education and the 
Bureau of Indian Education in ways that recognize and preserve 
tribal sovereignty and that support student achievement and 
development.
    Improvements made to Part B are designed to better focus 
the Native Hawaiian Education Council's efforts on addressing 
the education and workforce needs of Native Hawaiian students 
through redesigning the composition of the Native Hawaiian 
Education Council and refocusing its purpose to ensure proper 
coordination of educational and related services and programs 
available to Native Hawaiian students.
    The committee adopted an amendment offered by Senator 
Murkowski to part C that is designed to leverage existing 
assets in Alaska to improve academic achievement as well as 
college- and career-readiness.

                         Title VIII: Impact Aid

    ESERA makes significant changes to the Impact Aid program. 
First, the committee removed the overly complicated ``highest 
and best uses'' standard for identifying and then calculating 
the tax assessment classifications of taxable adjacent 
property. In exchange, the committee supports a simplified 
calculation based upon the total taxable value of property 
within the local education agency by then multiplying that 
value by the federally impacted acreage.
    The committee also added language to support the transition 
of consolidated LEAs related to their eligibility for the 
Impact Aid program.
    Finally, the committee adds language within section 8010 
requiring the Secretary of Education to pay LEAs the full 
amount that the agency is eligible to receive for a fiscal year 
by September 30th of the following fiscal year for which the 
payment is based.

                      Title IX: General Provisions


                              DEFINITIONS

    ESERA contains several new definitions, the most notable of 
which are discussed below.
    The committee bill modifies the definition of ``Advanced 
Placement or International Baccalaureate'' to provide 
potentially more options for States and LEAs in achieving the 
goals of college- and career-readiness by allowing them to 
choose another evidence-based program model. The committee bill 
incorporates language enacted by Congress in the America 
COMPETES Act of 2007 and maintained in the reauthorization of 
that act in 2010 [Sec. 6122(1)(B)]. With these provisions, 
Congress has already acknowledged much advancement from 
evidence-based program models showing large increases in 
academic success for students who had access to rigorous high 
school core courses benchmarked to college readiness.
    The updated definition of a ``Charter School'' requires 
charter schools to have independent governance and significant 
autonomy in the areas of management, personnel, budget, 
schedule, and instructional program; allows charter schools to 
provide early childhood education and care or adult education; 
requires charter schools to comply with Title II of the 
Americans with Disabilities Act of 1990; provides an exception 
to the lottery requirement under the restart strategy and 
school closure strategy under section 1116(c)(6)(B); requires 
charter schools to comply instead of just agreeing to comply 
with the same Federal and State audit requirements as do other 
elementary schools; and requires a charter school to have a 
performance contract that uses school-wide and subgroup student 
academic achievement and growth, consistent with section 1111, 
as a primary factor in decisions about the renewal or 
revocation of the charter, and describes the obligations and 
responsibilities of the charter school and the charter school 
authorizer, as well as the autonomy granted to the charter 
school.
    The committee has established the new term ``Conditions for 
Learning'', which describes school factors that advance student 
achievement and positive child and youth development. This 
bill-wide definition allows for a more cross-cutting use of the 
term.
    The committee renamed ``Family Literacy Services'', 
``Family Literacy Activities'', and also added a new 
subparagraph that acknowledges the link between parents 
receiving family literacy instruction and their capacity for 
supporting their children's learning needs. The committee also 
added a definition of ``Family Member,'' used in sections 1111 
and 1118 and part G of title IV to acknowledge the important 
role that noncustodial family members and other caring adults 
(whether mentors, tutors, afterschool providers, or other 
community members involved in education) play in the lives of 
children.
    The committee bill creates a new bill-wide definition for 
``High-Need Local Education Agency'' as a number of programs in 
the bill require a focus on students attending schools in these 
LEAs. This definition uses population and poverty as 
determining factors. The term is currently only defined in 
Title II of ESEA in the Teacher and Principal Training program 
(based on poverty and teachers in certain subjects) and in the 
Educational Technology program (based on poverty and need for 
technology.)
    The committee renamed ``Pupil Services Personnel'' 
``Specialized Instructional Support Personnel'' and expanded 
the definition to include school nurses. In doing so, the 
committee wishes to recognize the critical link to school 
success that school nurses play for many students.

                      UNSAFE SCHOOL CHOICE OPTION

    The committee has amended the Unsafe School Choice Policy. 
The previous reauthorization of this act required each State to 
identify ``persistently dangerous'' schools, as defined by the 
State, and allow students attending such schools to transfer to 
a school determined as ``safe'' by the State. The committee 
holds that, though well-intentioned, the ``persistently 
dangerous'' designation did not result in increases in school 
safety. Rather, in many cases it created disincentives for 
schools to accurately report data on violent criminal 
incidents. The committee has eliminated the ``persistently 
dangerous'' designation, while maintaining a provision allowing 
students who become victims of violent criminal offenses to 
transfer to a ``safe'' school, and including a new provision 
allowing students who are threatened with a violent criminal 
offense to do the same. This change empowers students and 
families to make educational choices based on their own 
experiences of school safety, and removes disincentives for 
schools to accurately report violent incident data.

                          EVALUATION AUTHORITY

    The committee intends for all authorized programs under 
this act to be evaluated in a rigorous manner through the 
Institute of Education Science under the guidance of the 
Director and in consultation with the appropriate programmatic 
staff in the Department of Education. The committee recognizes 
evaluation of programs intended to serve a broad range of 
students as comprehensively as possible is sometimes in 
conflict with the most rigorous methodologies for determining 
program effectiveness. The committee's intent in setting aside 
funds for evaluation, under the evaluation authority in part F 
of title IX, is to create program evaluations designed to allow 
for conclusions to be made regarding the programs' 
effectiveness and whether the investment of limited Federal 
dollars is still merited for programs that have not met program 
expectations. While experimental and quasi-experimental designs 
are preferred, the committee recognizes that those designs are 
sometimes impractical and alternatives need to be used. The 
committee's intent is for the Director of the Institute of 
Education Science to conduct program evaluations with the 
strongest possible design to provide researchers and 
policymakers with reliable and valid information upon which 
future decisions can be made regarding the effectiveness of the 
programs under this act.

Title X: Commission on Effective Regulation and Assessment Systems for 
                             Public Schools

    The committee adopted an amendment offered by Senator 
Bennet to establish a Commission on Effective Regulation and 
Assessment Systems for Public Schools. The Commission will: (1) 
examine the regulatory requirements on elementary and secondary 
education at the Federal, State, and local levels; (2) make 
recommendations on how to align and improve requirements in 
such regulations; (3) examine the quality and purpose of 
current requirements; and (4) make recommendations to improve 
and align assessment systems to provide meaningful information 
and improve student achievement, teacher performance, and 
innovation.

     Title XI: Amendments to Other Laws & Miscellaneous Provisions


      HOMELESS EDUCATION (MCKINNEY-VENTO HOMELESS ASSISTANCE ACT)

    The committee recognizes the unique challenges to academic 
achievement faced by the growing population of homeless 
students. In the 2009-10 school year, public schools enrolled 
939,903 homeless children and youth--a 38 percent increase 
since the 2006-07 school year. The McKinney-Vento Homeless 
Education Reauthorization Act of 2011, Title X of ESERA, helps 
these vulnerable children and youth become college- and career-
ready by removing barriers to their identification, enrollment, 
attendance, and success in school. The amendments build on 
current law to enhance school stability and access to 
educational opportunities. The committee acknowledges the 
special difficulties of unaccompanied homeless youth, who 
struggle to obtain an education without a parent or a home. The 
bill includes provisions to ensure that these youth are 
enrolled in school, able to earn credits, and informed of their 
status as independent students for financial aid. Young 
children who are homeless also face unique barriers to 
accessing early childhood programs; the committee adopted 
provisions to ensure that these children are identified and 
prioritized for enrollment in public preschool programs. 
Further, to ensure uninterrupted education, the committee 
clarified that, in the case of a dispute, homeless children and 
youth must remain enrolled in school until the final resolution 
of the dispute.
    Amendments to title I, part A, make permissible the use of 
title I funds for transportation to assist homeless children 
and youth to stay in their school of origin, thus providing 
greater flexibility to LEAs on how title I reservations for 
homeless students may be spent.

                                ARPA-ED

    The committee adopted an amendment offered by Senator 
Bennet to establish the Advanced Research Projects Agency--
Education (ARPA-ED). The entity is modeled after the Defense 
Advanced Research Projects Agency (DARPA), which makes 
investments in high-risk, high-return research and development 
(R&D). It is the committee's belief that ARPA-ED will have a 
similar capability to accelerate transformative innovation in 
education and learning.

                    IV. Regulatory Impact Statement

    The committee has determined there will be reduced demands 
upon States, local educational agencies, and other recipients 
of ESEA funds, due largely to the more targeted accountability 
features and reduced number of programs contained in the 
Elementary and Secondary Education Reauthorization Act (ESERA).
    ESERA requires States to adopt college- and career-ready 
academic content standards, and assessments tied to those 
standards. Many States have already undertaken this work. ESERA 
maintains the No Child Left Behind (NCLB) Act's requirement 
that all public school students in grades 3 through 8 be tested 
annually in mathematics and reading. ESERA also maintains 
requirements that States participate in annual State 
assessments under the National Assessment of Educational 
Progress (NAEP) in 4th and 8th grade mathematics and reading 
and issue annual report cards that include assessment and 
student achievement information.
    With regard to the title I accountability system, ESERA 
limits federally prescribed interventions to the lowest 
performing 5 percent of schools in a State, and an additional 5 
percent of schools with large subgroup achievement gaps. In 
contrast, NCLB required interventions in all schools that were 
not making adequate yearly progress.
    In general, recipients of ESEA funds will be expected to 
use those funds on programs which have proven to be effective 
in improving student achievement and performance and in meeting 
other program objectives. The committee believes that it is 
appropriate to demand results and accountability in exchange 
for Federal investments in programs authorized under the 
Elementary and Secondary Education Act. However, in this 
reauthorization the committee has sought to target Federal 
mandates to those areas that the implementation of NCLB has 
shown are effective.
    Finally, ESERA cuts the number of programs in ESEA and 
consolidates many into broader program authorities. This 
program consolidation is expected to reduce the administrative 
time and expense involved in developing, processing, and 
awarding separate grants--and to result in funding applicants 
with more capacity to efficiently and effectively carry out 
grant activities. ESERA also maintains the authority for small, 
rural school districts to combine funds from several separate 
formula grant programs and apply these funds toward local 
initiatives designed to improve student achievement.

            V. Application of Law to the Legislative Branch

    The committee bill reauthorizes and amends the Elementary 
and Secondary Education Act of 1965 to continue programs 
primarily offering assistance to States and local educational 
agencies on behalf of elementary and secondary school students 
and teachers and, as such, has no application to the 
legislative branch.

                           VI. Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 15, 2012.
Hon. Tom Harkin,
Chairman, Committee on Health, Education, Labor, and Pensions, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for the Elementary 
and Secondary Education Reauthorization Act of 2011. This 
estimate supersedes the cost estimate transmitted on January 4, 
2012. In that earlier estimate, CBO failed to identify a 
private-sector mandate contained in the bill. This revised 
estimate corrects that error. However, there is no change in 
the estimated cost of the bill to the Federal Government.
    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,
                                                          Director.
    Enclosure.

S. 3578--Elementary and Secondary Education Reauthorization Act of 2011

    Summary: The bill would amend and reauthorize most programs 
in 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 all of those programs have expired, although most have been 
reauthorized annually through appropriations legislation. For 
almost all of the programs, the bill would authorize the 
appropriation of such sums as may be necessary for fiscal years 
2012 through 2016. (These authorizations would automatically be 
extended 1 ear through 2017, under the General Education 
Provisions Act.) The bill also would amend and reauthorize the 
McKinney-Vento Homeless Assistance Act.
    CBO estimates that implementing the bill would have 
discretionary costs of $97.0 billion over the 2012-16 period, 
assuming the appropriation of the necessary amounts. Those 
costs reflect spending from newly authorized funding of $25.6 
billion in 2012, rising to $26.5 billion in 2016. The Congress 
recently cleared the Consolidated Appropriations Act, 2012, 
however, including funding totaling about $25 billion in the 
current year for activities similar to those that would be 
authorized by this bill. Thus, implementing the bill would 
require only small additional funding for the current year.
    Enacting the bill also would increase direct spending by $8 
million over the 2012-21 period; therefore, pay-as-you-go 
procedures apply. Enacting the bill would not affect revenues.
    The bill contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (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.
    The bill would impose a private-sector mandate, as defined 
in UMRA, on parents and guardians of unaccompanied youth by 
shielding schools from liability that might result from 
enrolling unaccompanied youth without parental or guardian 
consent. CBO expects that the costs of the mandate would not 
exceed the annual threshold established in UMRA for private-
sector mandates ($146 million in 2012, adjusted annually for 
inflation).
    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 functions 050 
(national defense) and 500 (education, training, employment, 
and social services).

----------------------------------------------------------------------------------------------------------------
                                                            By fiscal year, in millions of dollars--
                                               -----------------------------------------------------------------
                                                   2012       2013       2014       2015       2016     2012-16
----------------------------------------------------------------------------------------------------------------
                                           CHANGES IN DIRECT SPENDINGa
 
Federal Student Loan and TEACH Grant Programs:
    Estimated Budget Authority................          1          *          *          1          1          3
    Estimated Outlays.........................          1          *          *          1          1          3
 
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Title I: Improving the Academic Achievement of
 the Disadvantaged:
    Estimated Authorization Level.............     16,121     16,360     16,380     16,417     16,469     81,746
    Estimated Outlays.........................        322     12,579     15,663     16,367     16,409     61,339
Title II: Supporting Excellent Teachers and
 Principals:
    Estimated Authorization Level.............      3,206      3,253      3,300      3,350      3,407     16,517
    Estimated Outlays.........................         64      1,924      2,915      3,278      3,327     11,508
Title III: Language Instruction for English
 Learners and Immigrant Students:
    Estimated Authorization Level.............        743        754        765        777        790      3,831
    Estimated Outlays.........................          7        468        698        731        742      2,647
Title IV: Supporting successful, Well-Rounded
 Students:
    Estimated Authorization Level.............      2,384      2,419      2,455      2,492      2,535     12,284
    Estimated Outlays.........................         48      1,431      2,167      2,438      2,474      8,558
Title V: Promoting Innovation:
    Estimated Authorization Level.............      1,273      1,292      1,311      1,331      1,353      6,559
    Estimated Outlays.........................         13        802      1,196      1,252      1,271      4,533
Title VI: Promoting Flexibility; Rural
 Education:
    Estimated Authorization Level.............        177        179        182        185        188        910
    Estimated Outlays.........................          4        106        161        181        183        634
Title VII: Indian, Native Hawaiian and Alaska
 Native Education:
    Estimated Authorization Level.............        254        257        261        265        270      1,307
    Estimated Outlays.........................          5        223        247        256        260        990
Title VIII: Impact Aid:
    Estimated Authorization Level.............      1,289      1,308      1,328      1,348      1,371      6,644
    Estimated Outlays.........................      1,160      1,203      1,324      1,344      1,367      6,399
Title X: Committee on Effective Regulation and
 Assessments of Systems for Public Schools:
    Estimated Authorization Level.............          1          1          1          1          1          5
    Estimated Outlays.........................          *          1          1          1          1          4
Title XI: Amendments to Other Laws;
 Miscellaneous Provisions:
    Estimated Authorization Level.............        120        121        123        125        127        616
    Estimated Outlays.........................          2         72        109        122        124        429
    Total Increase in Discretionary Spending
        Estimated Authorization Level.........     25,567     25,945     26,106     26,291     26,511    130,420
        Estimated Outlays.....................      1,626     18,810     24,480     25,968     26,158     97,042
----------------------------------------------------------------------------------------------------------------
Notes: Some programs received advance appropriations for fiscal year 2013. CBO does not assume advance
  appropriations in its estimates.
* = less than $500,000.
aCBO estimates that enacting the bill would increase direct spending by $8 million over the 2012-21 period.

    Basis of estimate: Unless otherwise noted, the bill would 
authorize the appropriation of such sums as may be necessary 
for each of fiscal years 2012 through 2016 for programs 
discussed below. Those authorizations would automatically be 
extended 1 year, through 2017, under the General Education 
Provisions Act.) Estimated authorization levels are based on 
the funding levels for 2011 for the same or similar programs 
or, for some new programs the level of funding proposed in the 
President's fiscal year 2012 budget request. For this estimate, 
CBO assumes that the bill will be enacted in the spring of 
2012, that Congress will appropriate the estimated amounts, and 
that spending will follow historical patterns.

Direct spending

    The bill would amend the definition of a highly qualified 
teacher and the measurement used to determine the level of 
poverty in school districts. The Department of Education uses 
both of those definitions to determine eligibility for both 
forgiveness of Federal student loan debt for teachers and the 
TEACH Grant program. Expanding those definitions would increase 
eligibility for both programs. CBO estimates that those changes 
would increase direct spending by a negligible amount in the 
TEACH Grant program and by $8 million in the Federal Student 
loan programs over the 2011-21 period.

Spending subject to appropriation

    On the basis of appropriations provided in 2011 for 
existing programs and requested funding proposed by the 
President for new programs, CBO estimates that fully funding 
authorizations in this bill would require appropriations $25.6 
billion to $26.5 billion a year over the period of 
authorization (2012-17). In comparison, funding for existing or 
similar activities in 2011 and 2012 totaled more than $25 
billion in each year. As a result, most of the funding that the 
bill would authorize for fiscal year 2012 has already been 
appropriated in the Consolidated Appropriations Act, 2012.
    Title I--Improving the Academic Achievement of the 
Disadvantaged. Title I of the bill would reauthorize funding 
for most programs in title I of the Elementary and secondary 
Education act as well as create new grant programs designed to 
support secondary school reform. CBO estimates that 
implementing this title would require $16.1 billion in funding 
for fiscal year 2012 and would lead to discretionary costs of 
$61.3 billion over the 2012-16 period, assuming the 
appropriation of the estimated amounts. The bill would 
authorize the appropriation of the following amounts:
     Part A--Improving Basic Programs Operated by Local 
Educational Agencies. Part A would reauthorize funding for 
grants to local education agencies, school improvement grants, 
various assessments of education progress, and administrative 
support. CBO estimates the authorization of appropriations 
would total $15.6 billion for all of part A and about $14.5 
billion for grants to local educational agencies in fiscal year 
2012 and similar amounts (with adjustments for anticipated 
inflation) in subsequent years. Implementing those provisions 
would cost $59.3 billion over the 2012-16 period. The bulk of 
the spending, $55.1 billion, would be for grants to local 
education agencies. Funding for grants for local education 
agencies totaled about $14.5 billion in fiscal years 2011 and 
2012.
     Part B--Pathways to College. Part B would create a 
new set of grant programs to encourage school districts to 
implement strategies in secondary schools to prepare students 
for colleges and careers. The bill also would expand the 
program that currently supports grants to Advanced Placement 
programs to include International Baccalaureate programs. CBO 
estimates that this part would authorize the appropriation of 
almost $90 million for fiscal year 2012 and additional amounts 
in subsequent years. We estimate that implementing those 
provisions would cost about $300 million over the 2012-16 
period.
     Part C--Education of Migratory Children. Part C 
would make changes to programs that support the education of 
children of migrant workers. CBO estimates the bill would 
authorize the appropriation of almost $400 million in fiscal 
year 2012, leading to estimated discretionary spending of $1.5 
billion over the 2012-16 period. Funding for the education of 
children of migrants totaled almost $400 million in fiscal 
years 2011 and 2012.
     Part D--Prevention and Intervention Programs for 
Children and Youth Who are Neglected, Delinquent, or At-Risk. 
Part D would reauthorize programs that support the education of 
at-risk children. CBO estimates the bill would authorize the 
appropriation of approximately $50 million in fiscal year 2012. 
Implementing Part D would cost about $200 million over the 
2012-16 period. funding totaled almost $50 million for at-risk 
children for fiscal years 2011 and 2012.
     Part E--Educational Stability of Children in 
Foster Care. Part E would require that State education agencies 
that receive funding under this title coordinate with the 
responsible agencies when children in foster care programs move 
to different school attendance areas. CBO estimates that Part E 
would have no impact on Federal spending.
    Title II--Supporting Excellent Teachers and Principles. 
Title II would reauthorize grant programs designed to support 
teacher training and improvement. CBO estimates that the bill 
would authorize the appropriation of $3.2 billion for those 
activities in fiscal dyer 2012 and $16.5 billion over the 2012-
16 period. We estimate that fully funding those activities 
would cost $11.5 billion over the 2012-16 period, assuming the 
appropriation of the estimated amounts.
     Part A--Continuous Improvement and Support for 
Teachers and Principles. Part A would reauthorize the State 
grant program for improving teacher quality. CBO estimates the 
bill would authorize the appropriation of $2.5 billion for 
those grants for fiscal year 2012, and that outlays would total 
$9.0 billion over the 2012-16 period. Funding for those grants 
totaled about $2.5 billion fiscal years 2011 and 2012.
     Part B--Teacher Pathways to the Classroom. Under 
part B, the bill would authorize funding for grants between 
partnerships of institutions of higher education and State or 
local education agencies to support the recruitment and 
retention of teachers in high-need subjects at high-need 
schools. Those new grants would replace and existing program 
that provides grants specifically for mathematics and science 
partnerships, which received $175 million in funding for fiscal 
year 2011. CBO estimates this provision would have 
discretionary costs of more than $600 million over the 2012-16 
period.
     Part C--Teacher Incentive Fund Program. Part C 
would reauthorize the Teacher Incentive Fund, which supports 
grants to local educational agencies and other organizations to 
develop and implement performance-based teacher and principal 
compensation systems in high-need schools.\1\ CBO estimates 
that this provision would authorize the appropriation of about 
$400 million for fiscal year 2012 and have discretionary costs 
of $1.5 billion over the 2012-16 period. The Teacher Incentive 
Fund received almost $400 million in fiscal year 2011 and $300 
million in fiscal year 2012.
---------------------------------------------------------------------------
    \1\The Departments of Labor, Health and Human Services, and 
Education, and Related Agencies Appropriations Act, 2006 (P.L. 109-149) 
originally authorized the Teacher Incentive Fund under the authority 
granted in the ESEA in Subpart I, of Part D of Title V, Fund for the 
Improvement of Education--Programs of National Significance.
---------------------------------------------------------------------------
     Part D--Achievement Through Technology and 
Innovation. Additionally, part D would revise the current 
formula grants for the Enhancing Education Through Technology 
program with competitive and formula grants to improve teaching 
and learning through technology. CBO estimates that 
implementing this provision would cost about $400 million over 
the 2012-16 period. No funding was provided for part D in 
fiscal year 2011. In fiscal year 2010, education technology 
programs included under Part D of this legislation received 
$100 million.
     Additional Changes. The bill also would make 
additional changes to programs currently in Title II of the 
ESEA. For example, it would move the Ready to Learn program to 
Title IV of the ESEA and would permanently reauthorize the 
Troops to Teachers program and move it under the auspices of 
the Department of Defense.\2\ CBO estimates preauthorizing the 
Troops to Teachers program would have discretionary costs of 
almost $90 million over the 2012-16 period.
---------------------------------------------------------------------------
    \2\Funding for the Troops to Teachers program for fiscal years 2011 
and 2012 was appropriated for the Department of Defense rather than the 
Department of Education.
---------------------------------------------------------------------------
    Title III--Language Instruction for English Learners and 
Immigrant Students. The bill would make few changes to title 
III, which provides support for teaching of the English 
language to English learners and recent immigrants. CBO 
estimates the bill would authorize the appropriation of almost 
$750 million for grants to States and other activities in 2012 
and $3.8 billion over the 2012-16 period. Implementing this 
title would cost about $2.6 billion over the 2012-16 period , 
assuming the appropriation of the estimated amounts. Those 
programs received more than $730 million in fiscal years 2011 
and 2012.
    Title IV--Supporting Successful, Well-Rounded Students. 
Title IV would authorize funding for various grant programs 
designed to improve literacy and math and science instruction. 
It would also support measures to improve the health and safety 
of students. CBO estimates this title would authorize the 
appropriation of approximately $2.4 billion in fiscal year 2012 
and $12.3 billion over the 2012-16 period. Implementing title 
IV would cost $8.6 billion over the 2012-16 period, assuming 
the appropriation of the estimated amounts.
     Part A--Improving Literacy Instruction and Student 
Achievement. Part A would authorize grants to support 
activities designed to increase literacy for individuals from 
birth through the end of high school. CBO estimates that 
spending or literacy would total $1.4 billion over the 2012-16 
period.
     Part B--Improving Science, Technology, 
Engineering, and Mathematics Instruction and Student 
Achievement. Part B of the bill would authorize grants to 
States to increase access to science, technology, engineering, 
and mathematics and to provide professional development for 
teachers. CBO estimates that implementing part B would have 
discretionary costs of about $600 million over the 2012-16 
period.
     Part C--Increasing Access to a Well-Rounded 
Education. Part C would authorize grants to local education 
agencies to support access for low-income students to education 
topics such as the arts, civics and government, economics, 
environmental education, financial literacy, and foreign 
languages. CBO estimates that those grants would cost about 
$400 million over the 2012-16 period.
     Part D--Successful, Safe, and Health Students. 
Part D would authorize a new grant program to promote student 
physical and mental health and well-being and to prevent 
violence and substance abuse, similar to activities funded by 
State grants for safe and drug-free schools under current law. 
CBO estimates that those grants would cost about $1 billion 
over the 2012-16 period.
     Part E--21st Century Community Learning Centers. 
Part E would reauthorize the grants for 21st Century Community 
Learning Centers, which support before- and after-school and 
summer school programs. CBO estimates this provision would 
authorize the appropriation of $1.2 billion for fiscal year 
2012 and would lead to discretionary costs of $4.2 billion over 
the 2012-16 period. This program received approximately $1.2 
billion in each of fiscal years 2011 and 2012.
     Part F--Promise Neighborhoods. Part F would 
reauthorize Promise Neighborhood grants which go to 
organizations to provide family and community services and 
comprehensive education reforms in high-need areas.\3\ CBO 
estimates that spending for Part F over the 2012-16 period 
would total $500 million.
---------------------------------------------------------------------------
    \3\The Consolidated Appropriations Act, 2010 (P.L. 111-117) 
authorized Promise Neighborhood grants under the authority granted in 
the ESEA in Subpart I, of Part D, of Title V, Fund for the Improvement 
of Education--Programs of National Significance.
---------------------------------------------------------------------------
     Additional Programs. Parts G, H, and I would 
reauthorize Parent and Family Information and Resource Centers, 
the Ready to Learn program, and Programs of National 
Significance. CBO estimates that the total fiscal year 2012 
authorization of appropriations for those programs would be 
$130 million and total spending for fiscal years 2012 through 
2016 would be almost $500 million.
    Title V--Promoting Innovation. CBO estimates that title V 
would authorize the appropriation of approximately $1.3 billion 
in fiscal year 2012 and $6.6 billion over the 2012-16 period. 
Implementing title V would cost about $4.5 billion over the 
2012-16 period, assuming the appropriation of the estimated 
amounts for:
     Race to the Top and Investing in Innovation. Parts 
A and B would authorize funding for the Race to the Top and 
Investing in Innovation programs, both created in the American 
Recovery and Reinvestment Act (Public Law 111-5). Those 
competitive grants programs are designed to encourage 
educational innovation and reform at the State and local 
levels. CBO estimates that the bill would authorize the 
appropriation of about $700 million for Race to the Top and 
about $150 million for Investing in Innovation for fiscal year 
2012. Implementing those two programs would total approximately 
$2.5 billion and about $540 million over the 2012-16 period, 
respectively. Together, those programs received approximately 
$850 million in fiscal year 2011 and $700 million in 2012.
     Magnet Schools, Charter Schools and Public School 
Choice. Parts C, D, and E would also reauthorize funding for 
Magnet Schools Assistance, Charter School Grants, and Voluntary 
Public School Choice. CBO estimates that the bill would 
authorize the appropriation of approximately $400 million for 
fiscal year 2012 and would have total discretionary costs of 
about $1.5 billion over the 2012-16 period for those programs. 
Those programs received $380 million in fiscal year 2011 and 
slightly less in 2012.
    Title VI--Promoting Flexibility; Rural Education. Title VI 
would reauthorize the rural education achievement programs, 
which provide grants to assist rural school districts in 
improving teaching and learning outcomes. CBO estimates the 
bill would authorize the appropriation of $177 million in 
spending for fiscal year 2012 and approximately $900 million 
over the 2012-16 period. Implementing this title would have 
discretionary costs of roughly $600 million over the 2012-16 
period, assuming the appropriation of the estimated amounts. 
Funding for rural education totaled nearly $200 million in each 
of fiscal years 2011 and 2012. The authorizations of 
appropriations for national and State evaluations in title VI 
under current law would be moved to title I. The bill also 
would amend the rules regarding the transferability of funds 
among different Federal grant programs for entities that meet 
certain criteria.
    Title VII--Indian, Native Hawaiian, and Alaska Native 
Education. Title VII would reauthorize grant programs for 
Native Americans and Hawaiians and for Alaska Natives. The bill 
would amend current law to authorize the repair and renovation 
of public schools that serve higher concentrations of Native 
Hawaiian students. CBO estimates the bill would authorize the 
appropriation of about $250 million for fiscal year 2012 and 
$1.3 billion over the 2012-16 period. Implementing this title 
would cost almost $990 million over the 2012-16 period, 
assuming the appropriation of the estimated amounts. Funding 
for those grants totaled $190 million in fiscal years 2011 and 
2012.
    Title VIII--Impact Aid. Title VIII would reauthorize the 
impact aid programs, which provide funding to assist local 
education agencies (LEAs) affected by the activities of the 
Federal Government, such as those on a military base or Indian 
reservation. CBO estimates that title VIII would authorize 
approximately $1.3 billion in fiscal year 2012 and $6.6 billion 
over the 2012-16 period. We estimate that fully funding this 
title would result in discretionary costs of $6.4 billion over 
the 2012-16 period, assuming the appropriation of the estimated 
amounts. The bulk of this spending, about $6.0 billion over the 
2012-16 period, would be for basic support payments to LEAs to 
assist in the education of federally connected children. The 
additional $400 million would be used to construct and maintain 
schools that educate federally connected children. Impact aid 
programs received approximately $1.3 billion in each of fiscal 
years 2011 and 2012.
    Title X--Committee on Effective Regulation and Assessment 
of Systems for Public Schools. Title X would require the 
Secretary of Education to establish a commission to examine 
Federal, State, and local regulations that affect elementary 
and secondary education. CBO estimates that this provision 
would authorize the appropriation of $1 million in each year.
    Title XI--Amendments to Other Laws; Miscellaneous 
Provisions. Subpart I of title XI would reauthorize the 
McKinney-Vento Homeless Assistance Act, which authorizes grants 
to States to assist in the education of homeless children. The 
bill would authorize the appropriation of such sums as may be 
necessary for fiscal years 2012 through 2018. (This 
authorization would automatically be extended 1 year through 
2019 under the General Education Provisions Act.) CBO estimates 
that this subpart would authorize the appropriations of almost 
$70 million for fiscal year 2012 and have discretionary costs 
of about $240 million for the 2012-16 period. Support for the 
education of homeless children totaled $65 million for fiscal 
year 2011.
    Subpart II would amend the Department of Education 
Organization Act to create an agency within the Department of 
Education responsible for the research and development of 
educational technology to improve student achievement. Funding 
from the Investing in Innovation program, authorized in title 
IV, would be reserved to support this agency. CBO estimates 
that this provision would authorize the appropriation of $50 
million in fiscal year 2012 and would cost almost $200 million 
over the 2012-16 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays under the Elementary and 
Secondary Education Reauthorization Act of 2011 that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

     CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                       -------------------------------------------------------------------------------------------------
                                                         2012    2013    2014    2015    2016    2017    2018    2019    2020    2021   2012-16  2012-21
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               NET INCREASE IN THE DEFICIT
 
Impact on the Deficit.................................       1       0       0       1       1       1       1       1       1       1        3        8
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated impact on state, local and tribal governments: 
The bill contains no intergovernmental 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. While most of the new grant conditions come in the 
form of new reporting requirements, some would require State 
education agencies (SEAs) and local education agencies (LEAs) 
to either reallocate spending among schools or increase overall 
State and local support for particular schools.
    As a condition of aid, the bill would require LEAs, 
beginning in the 2015-16 school year, to ensure that total 
State and local per-pupil spending in schools that are eligible 
for basic program grants targeted at disadvantaged students 
(title I) is at least as much as the average of total State and 
local per-pupil spending in schools that do not qualify for 
title I funding. Under current law, and LEA may certify that 
services among title I funded schools and other schools are 
comparable through written assurances that policies are 
implemented to ensure school equivalence. The law does not, 
however, require those assurances to demonstrate equivalence of 
per-pupil expenditures.
    Information from the Department of Education indicates that 
about 28 percent of title I school districts would not meet the 
comparable expenditure requirement in the absence of enacting 
this bill. To comply with the bill's requirement, those school 
districts, mostly large ones, would have to either increase 
overall per-pupil spending to ensure equity in expenditures or 
shift money from higher spending, non-title-I schools to lower-
spending, title I schools. The department concluded that costs 
would vary among districts but that the average cost of 
compliance would be modest in comparison to overall school-
level expenditures.
    In addition, the bill would require SEAs receiving part A 
grants under title I to work with child welfare agencies to 
develop plans to ensure that foster care children are allowed 
to remain in their school of origin for the remainder of the 
school year. LEAs would be required to implement the plans. If 
a child is transferred to a new school, the school would have 
to ensure that enrollment is immediate and records and credits 
are transferred. In addition, SEAs would have to enter into 
agreements with foster care agencies to ensure that foster care 
maintenance payments are used to help pay for transporting 
children in foster care to their schools of origin. The bill 
also would require LEAs to designate an individual point of 
contact to oversee the implementation of the LEA requirements. 
Most LEAs and SEAs are already complying with similar 
conditions under the Fostering Connections to Success and 
Increasing Adoptions Act of 2008 (Public Law 110-351) and other 
similar laws, so only the agencies not meeting those conditions 
would incur additional costs.
    The costs of other new conditions in the bill, mostly 
reporting requirements, would probably be offset by additional 
Federal funding.
    Estimated impact on the private sector: The bill would 
shield schools from liability that might result from enrolling 
unaccompanied youth without parental or guardian consent. The 
bill would impose a private-sector mandate, as defined in UMRA, 
on parents and guardians of unaccompanied youth to the extent 
that they would be denied an existing right to compensation. 
However, such claims are very rare, and no damages have been 
awarded for such claims in the past 10 years. Therefore, CBO 
expects that the costs of the mandate would not exceed the 
annual threshold established in UMRA for private-sector 
mandates ($146 million in 2012, adjusted annually for 
inflation).
    Previous CBO estimate: This cost estimate for the 
Elementary and Secondary Education Act of 2011 supersedes the 
cost estimated transmitted on January 4, 2012, for the bill as 
ordered reported by the Senate Committee on Health, Education, 
Labor, and Pensions on October 20, 2011. CBO has updated the 
cost estimate to reflect the private-sector mandate that was 
omitted in the January 4 estimate. The estimated costs of 
implementing the bill remain unchanged.
    Estimated prepared by: Federal Costs: Justin Humphrey, 
Christi Anthony, Chad Chirico, and Jonathan Morancy; 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, Assistance 
Director for Budget Analysis.

                    VII. Section-by-Section Analysis


    Title I: Ensuring College and Career Readiness for All Students


Part A--Improving the Academic Achievement of the Disadvantaged

Section 1002 amends sections 1002 through 1004 of ESEA as follows:

    Sec. 1002 [State Administration and State Accountability 
and Support]
    Sec. 1002(b) [Accountability and Support] describes the 
amounts and methods that States may distribute to local 
educational agencies for school improvement.
    Sec. 1002(b)(1) [Accountability and Support] describes that 
each State may reserve 4 percent of the amount the State 
receives to carry out paragraph (2) and to carry out the State 
and local educational agency responsibilities under sections 
1116.
    Sec. 1002(b)(2)(A-B) [Uses] states that of the amount 
reserved under paragraph (1) for any fiscal year, the State 
educational agency shall distribute not less than 90 percent of 
that amount to local educational agencies for activities 
required under section 1116; or may, with the approval of the 
local educational agency, directly provide for such activities.
    Sec. 1002(b)(3)(A-C) [Priority] provides that the State 
educational agency shall, when allocating such funds, give 
priority to local educational agencies that serve the lowest 
achieving schools, demonstrate the greatest need for such 
funds, and demonstrate the strongest commitment to ensuring 
that such funds are used to enable the lowest achieving schools 
to improve student achievement and outcomes.
    Sec. 1002(b)(4)(A-B) [Unused Funds] requires that if the 
State educational agency determines that unused funds are 
available then such funds shall be distributed to local 
educational agencies in accordance with (A) the relative 
allocations the State educational agency made to those agencies 
for that fiscal year under subpart 2 of part A or (B) section 
1126(c).
    Sec. 1002(b)(5) [Special Rule] requires that the amount of 
funds reserved by the State educational agency under this 
subsection in any fiscal year shall not decrease the amount of 
funds each local educational agency receives under subpart 2 
below the amount received by such local educational agency for 
the preceding fiscal year.
    Sec. 1002(b)(6) [Reporting] provides that each State 
educational agency shall make publicly available a list of 
schools that have received funds or services pursuant to this 
subsection and the percentage of students from each such school 
from families with incomes below the poverty line.

Sections 1111-1119 amend the below ESEA sections as follows:

    Sec. 1111 [State and Local Requirements]
    Sec. 1111(a) [Academic Standards, Academic Assessments, and 
Accountability Requirements] describes the requirements States 
must meet in order to receive a grant under this section.
    Sec. 1111(a)(1)(A)(i-vi) [College- and Career-Ready Aligned 
Standards for Reading or Language Arts and Mathematics] 
requires that (i) States adopt college- and career-ready 
academic content standards in reading or language arts, and 
math by December 31, 2013 and adopt college- and career-ready 
student academic achievement standards in reading or language 
arts and mathematics by the beginning of the 2015-16 school 
year. States are required to (ii) align standards with academic 
coursework at public institutions of higher education in the 
State, relevant State career and technical standards, and 
appropriate career skills and (iii) apply such standards to all 
public school students in the State. States shall also (iv) 
adopt academic achievement standards that are aligned with the 
State's content standards and establish a minimum of three 
levels of performance (basic, on-track, and advanced). (v) Each 
of these requirements may be met by an individual State or 
through a consortium with other States. Consistent with current 
law, (vi) States are not required to submit either set of 
standards to the Secretary for review or approval.
    Sec. 1111(a)(1)(B)(i-iii) [Science Standards] requires 
States to (i) demonstrate that content and student academic 
achievement standards in science that align with academic 
coursework at State public institutes of higher learning, 
relevant State career and technical education standards, and 
appropriate career skills are adopted by December 31, 2013. 
(ii) States are not required to submit science standards to the 
Secretary and (iii) may choose to use these standards as part 
of the State's accountability system.
    Sec. 1111(a)(1)(C) [Standards for Other Subjects] allows a 
State that adopts academic content and student academic 
achievement standards in subjects other than those listed above 
to use those standards as part of the State's accountability 
system.
    Sec. 1111(a)(1)(D)(i-ii) [Alternate standards for students 
with the most significant cognitive disabilities] allows the 
State to develop alternate academic achievement standards in 
any subject, through a documented and validated process, for 
the students with the most significant cognitive disabilities. 
Such standards may be included in the State's accountability 
system as long as (i) the decision about which students should 
be measured against these standards is made separately for each 
student in each subject assessed and (ii) the standards are 
aligned with State academic content standards, provide access 
to the general curriculum, and reflect professional judgment as 
to the highest possible standards achievable by a student.
    Sec. 1111(a)(1)(E)(i-iv) [English Language Proficiency 
Standards] requires that a State adopt high-quality English 
language proficiency standards by December 31, 2014. Such 
standards shall be (i) aligned with the State's academic 
content standards in reading or language arts, (ii) ensure 
proficiency in English speaking, listening, reading, and 
writing, (iii) address the levels of proficiency of English 
learners, and (iv) are updated within 1 year after the State 
adopts any new academic content standards
    Sec. 1111(a)(1)(F) [No Federal Control] clarifies that 
nothing in Section 1111(a) will authorize the Federal 
Government to mandate, direct, or control a State's academic 
content or student academic achievement standards.
    Sec. 1111(a)(1)(G) [Existing Standards] states that nothing 
in section 1111(a) will prohibit a State from revising any 
standard adopted under this section before, on, or after the 
date of enactment of ESERA.
    Sec. 1111(a)(2)(A)(i)(I-V) [Academic Assessments] requires 
that the State educational agency adopt and implement statewide 
assessments in reading or language arts and mathematics by the 
beginning of the 2015-16 school year that include assessments 
annually for grades 3 through 8 and at least once during grades 
10 through 12. Similar to requirements in current law these 
assessments must be (I) aligned with State's academic content 
standards, (II) and administered to all public school students 
in the State, and (III) measure individual academic 
achievement. (IV) If a State elects to measure individual 
academic growth as described in subsection (b)(1)(B), the State 
may measure whether students are making adequate student 
growth. (V) States may administer such assessments through a 
single summative assessment each year or through multiple 
statewide assessments during the course of the year, as long as 
the State can demonstrate to the Secretary's satisfaction that 
the results of the multiple assessments provide a summative 
score that measures the student's college- and career-readiness 
in reading or language arts and mathematics.
    Sec. 1111(a)(2)(A)(ii)(I-III) [State Assessments-Science] 
requires that the State educational agency adopt and implement 
statewide assessments in science by the beginning of the 2015-
16 school year. Assessments must be administered not less than 
once during each of the grade spans 3 through 5, 6 through 9, 
and 10 through 12 and shall measure (I) student achievement 
relative to the State's science student academic achievement 
standards, (II) individual academic achievement, and (III) if a 
State elects to measure individual academic growth as described 
in subsection (b)(1)(B), whether students are making adequate 
student growth.
    Sec. 1111(a)(2)(A)(iii-iv) [Additional Requirements] 
requires that the State include English language proficiency 
assessments and any alternate assessments described in 
subparagraphs (D) and (E), respectively into the statewide 
assessment. Additionally, at the discretion of the State, a 
State may measure the proficiency of students in the other 
academic subjects for which the State has adopted academic 
content standards and student academic achievement standards 
under paragraph (1)(C).
    Sec. 1111(a)(2)(B)(i-xiv) [Requirements for Assessments] 
stipulates a number of requirements for assessments described 
in this section. Assessments shall (i) be used to measure the 
achievement of all students; (ii) be used for purposes for 
which they are valid and reliable and be consistent with 
relevant, nationally recognized professional and technical 
standards; (iii) be used only if evidence is provided to the 
Secretary to show that the assessments are of adequate 
technical quality and meet the requirements under this act; 
(iv) include multiple measures of student academic achievement, 
including measures of higher-order thinking skills and 
understanding; (vii) 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; (viii) 
produce individual, understandable, and uniform student 
interpretive and descriptive reports, which include test scores 
or other information on the attainment of performance 
standards, in a language that parents can understand; (ix) 
enable results to be disaggregated by gender, by major racial 
and ethnic group, by English language proficiency status, by 
migrant status, by students with disabilities, and by 
economically disadvantaged status, unless disaggregation would 
result in revealing personally identifiable information about 
an individual student; (x) be consistent with widely accepted 
professional testing standards and objectively measure academic 
achievement, knowledge, and skills; (xi) not evaluate or assess 
personal or family beliefs and attitudes or disclose personally 
identifiable information; (xii) enable itemized score analyses 
to be produced and reported to LEA and schools; (xiii) produce 
achievement and other data that can be used to inform 
determinations of teacher and principal effectiveness for 
purposes of evaluation and development; and (xiv) be 
administered to not less than 95 percent of all students, and 
not less than 95 percent of each subgroup (gender, by each 
major racial and ethnic group, by English proficiency status, 
by migrant status, by status as a student with a disability, 
and by economically disadvantaged status) who are enrolled in 
the school. (v) In addition, States shall provide for the 
participation of all students, including students with 
disabilities and English learners. However, the State may 
exempt any English learner at the lowest levels of English 
proficiency from the reading or language arts assessment for 
not more than 2 years following the student's first enrollment 
in a school in the United States. (vi) Reading or language arts 
assessments shall be written in English for students who have 
attended school in the United States for 3 or more consecutive 
years unless the local educational agency, on a case-by-case 
basis, determines that assessments in another language would 
yield more accurate and reliable information. In such 
situations students may be assessed in a language other than 
English for up to 2 additional years.
    Sec. 1111(a)(2)(C) [Languages of Assessments] requires that 
the State identify the languages other than English that are 
present in the participating student population and indicate in 
their plan under subsection (b), the languages for which yearly 
student academic assessments included in the State's 
accountability system under paragraph (3) are not available and 
are needed. The State shall make every effort to develop 
assessments in those languages and may request assistance from 
the Secretary to create these assessments. If requested, the 
Secretary shall assist with the identification of appropriate 
assessments, but shall not mandate a specific academic 
assessment or mode of instruction.
    Sec. 1111(a)(2)(D)(i-ii) [Assessments of English Language 
Proficiency] requires that each State's assessment of English 
language proficiency (i) will provide for the annual assessment 
of English proficiency of all English learners in the schools 
served by the State educational agency by the beginning of the 
2015-16 school year; (ii) be aligned with the State's English 
language proficiency standards, be designed to measure student 
progress toward English language proficiency, and reflect the 
academic language that is required for success on the State's 
academic assessments.
    Sec. 1111(a)(2)(E)(i-vii) [Alternate Assessments for 
Students with the Most Significant Cognitive Disabilities] 
allows a State to provide alternate assessments that are 
aligned with alternate academic achievement standards for 
students with the most significant cognitive disabilities. To 
utilize alternate assessments a State shall: (i) establish and 
monitor the implementation of clear and appropriate guidelines 
for individualized education program teams to apply in 
determining, on a subject-by-subject basis, when a child's 
significant cognitive disability justifies assessment based on 
alternate standards; (ii) ensures the parents of the students 
taking alternate assessments are informed that their child will 
be measured against alternate standards and whether 
participation in the alternate assessment precludes the student 
from completing the requirements for a regular high school 
diploma; (iii) provides evidence that students with the most 
significant cognitive disabilities are, to the extent 
practicable, included in the general curriculum and in 
assessments aligned with such curriculum; (iv) certifies that 
the State's regular academic assessments are accessible to 
students with all forms of disabilities through the provision 
of reasonable adaptations and valid and reliable accommodations 
that produce valid results; (v) develops and disseminates 
information to promote the use of reasonable adaptations and 
accommodations to increase the number of students with the most 
significant cognitive disabilities participating in grade-level 
academic instruction and corresponding assessments; (vi) takes 
steps to ensure that regular and special education teachers and 
other appropriate staff know how to administer assessments, 
including how to make appropriate use of reasonable adaptations 
accommodations for such assessments; and (vii) requires 
separate determinations about whether a student should be 
assessed using an alternate assessment for each subject 
assessed.
    Sec. 1111(a)(2)(F)(i-ii) [Adaptive Assessments] allows the 
State to develop and administer computer adaptive assessments 
as the assessments required under subparagraph (A). If a State 
develops and administers a computer adaptive test, the 
assessment shall measure (i) whether each student is meeting or 
exceeding the on-track level of performance for the State 
academic content standards for the student's grade level. An 
adaptive assessment (I) may measure the student's level of 
performance in the grades above or below the student's grade 
level and (II) may be used to measure student growth using 
assessment items above or below grade level, including to 
determine if a student is attaining growth in accordance with 
clauses (i) and (ii) of subsection (b)(1)(B). (ii) This section 
will not be interpreted to require that all students taking the 
computer adaptive assessment be administered the same 
assessment items.
    Sec. 1111(a)(2)(G) [Reducing Duplicative Assessment] 
requires the State to include in the State plan under 
subsection (b) a description of how the State will regularly 
analyze assessment and accommodations practice and use, and 
reduce duplicative assessment.
    Sec. 1111(a)(3) [State-Designed Accountability Systems] 
describes the creation, management, and planning requirements 
for State-designed accountability systems.
    Sec. 1111(a)(3)(A)(i-vii) [Accountability System] requires 
States to develop and implement a single, statewide 
accountability system by the beginning of the 2013-14 school 
year that (i) annually measures and reports on the achievement 
of students in all public schools in the State on the 
assessments and the graduation rates of all high schools in the 
State; (ii) expects continuous improvement of all public 
schools in the State in outcomes of all students and subgroups 
(gender, by each major racial and ethnic group, by English 
proficiency status, by migrant status, by status as a student 
with a disability, and by economically disadvantaged status); 
(iii) annually identifies schools and local educational 
agencies that need supports and interventions to prepare 
college- and career-ready students; (iv) provides for the 
improvement of all schools that are not identified under 
section 1116(b) but are low-performing or have low-performing 
subgroups; (v) develops the capacity of local educational 
agencies and schools to effectively educate students and 
continuously improve; (vi) recognizes and replicates the 
practices of local educational agencies and schools that are 
successful in effecting significant student achievement or 
student academic growth; and (vii) meets the requirements of 
section 1116.
    Sec. 1111(a)(3)(B) [Subjects Covered] requires that the 
State shall include in the accountability system the subjects 
of reading or language arts and mathematics, and may include 
any other subject for which the State has adopted academic 
content standards, student academic achievement standards, and 
assessments.
    Sec. 1111(a)(3)(C) [Accountability for Charter Schools] 
requires that the accountability provisions under this act 
shall be overseen for public charter schools in accordance with 
State charter school law.
    Sec. 1111(a)(3)(D) [Students with the Most Significant 
Cognitive Disabilities] requires that the number of students 
with the most significant cognitive disabilities taking 
alternate assessments for the accountability purposes of this 
section, section 1116 and section 1117, not exceed 1 percent of 
the number of all students in the State.
    Sec. 1111(a)(4) [Transition Provisions] directs the 
Secretary to take any necessary steps to ensure for an orderly 
transition between the accountability system required by the No 
Child Left Behind Act and the new accountability system 
required under this act.
    Sec. 1111(a)(5) [Voluntary Partnerships] allows a State to 
enter into a partnership with one or more other States to 
develop and implement the required academic assessments, 
academic content standards, and student academic achievement 
standards.
    Sec. 1111(b) [State Plans] describes the requirements for 
State plans.
    Sec. 1111(b)(1)(A-J) [In General] requires any State 
desiring a grant under this part to submit a plan to the 
Secretary that (A) demonstrates the State's compliance with 
this section; (B) demonstrates how the State will measure 
student growth if they choose to use student growth as a 
measure of academic progress and college and career readiness; 
(C) coordinates with the State plans required by 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 Child Care and Development Block 
Grant Act of 1990, and the Adult Education and Family Literacy 
Act; (D) provides an assurance that the State will continue to 
administer the academic assessments required by the No Child 
Left Behind Act until the State has implemented the assessments 
required under subsection (a)(2); (E) provides an assurance 
that the State will participate in the biennial State academic 
assessments of grade 4 and grade 8 reading and mathematics 
under the National Assessment of Educational Progress if the 
Secretary pays the costs of administering such assessments; (F) 
describes the State accountability system under subsection 
(a)(3) and section 1117 (if the State chooses to carry out 
section 1117); (G) describes the process the State will utilize 
to review local educational agency plans submitted pursuant to 
section 1112, including the parent and family engagement plan 
described in section 1118; (H) describes the support the State 
will provide to local educational agencies for the education of 
homeless children and youths, and how such support is 
consistent with the requirements of subtitle B of title VII of 
the McKinney-Vento Homeless Assistance Act; (I) describes how 
the State has involved the committee of practitioners 
established under section 1603(b) in developing the plan and 
monitoring its implementation; (J) describes how the State 
educational agency will coordinate with the State Advisory 
Council on Early Childhood Education and Care, as appropriate; 
(K) describes how the State and State educational agency will 
comply with the requirements of section 1501, and the State's 
plan to ensure such compliance; (L) describes how, beginning 
not later than 1 year after the date of enactment of the ESERA, 
(i) the State educational agency will provide for the equitable 
distribution of teachers in the State within local educational 
agencies and (ii) the State will report to the Secretary the 
percentage and distribution of teachers in the State for each 
quartile of schools based on school poverty level, for high-
minority schools, and for low-minority schools; (M) describes 
how the State will annually submit to the Secretary, for each 
quartile of schools in the State based on school poverty level 
and for high-minority schools and low-minority schools in the 
State, data on the percentage and distribution of the following 
categories of teachers: (i) teachers who are not classified as 
highly qualified teachers; (ii) teachers who are inexperienced; 
(iii) teachers who have not completed a teacher preparation 
program; (iv) teachers who are not teaching in the subject or 
field for which the teacher is certified or licensed; (v) where 
applicable, teachers who are in the highest or lowest rating 
categories of a teacher evaluation system that is consistent 
with section 2301(b)(4).
    Sec. 1111(b)(2) [Comprehensive Plan] provides that each 
State plan may be submitted as part of the comprehensive plan 
under section 9302.
    Sec. 1111(b)(3)(A-B) [Duration of the Plan] requires that 
each State plan shall (A) remain in effect for the duration of 
the State's participation in title I, part A and be 
periodically reviewed and revised as necessary by the State to 
reflect changes in strategies and programs. The State plan 
shall (B) be resubmitted to the Secretary if a State makes 
significant changes to its plan, but the Secretary may approve 
or disapprove changes without peer-review or a hearing process.
    Sec. 1111(b)(4)(A)(i-viii) [Peer Review and Secretarial 
Approval] requires that the Secretary: (i) establish a peer 
review process that maximizes collaboration with each State to 
assist in the review of State plans; (ii) appoint to the peer 
review process expert individuals, who are geographically 
diverse, representative of all stakeholders, and are familiar 
with education standards, assessments, and accountability, the 
needs of persistently low-achieving schools, and the needs of 
disadvantaged students and other educational needs of students; 
(iii) ensure the peer review process provides timely and 
publicly available feedback; (iv) does not decline approval of 
a State plan before offering the State an opportunity to revise 
the plan and providing technical assistance to States and 
providing a hearing upon request; (v) have the authority to 
disapprove a State plan for not meeting the requirements of 
this part, and the ability to deny a State plan that was 
recommended by the peer review panel by making available 
written findings of the cause for such disapproval; (vi) 
approve a State plan within 120 days after its submission, 
unless the Secretary determines that the plan does not meet the 
requirements of this section; (vii) immediately notify the 
State in writing if their plan does not meet the requirements 
of this subsection and include the reasons for such 
determination; (viii) does not have the authority to require a 
State, as a condition of plan approval, to include or delete 
one or more specific elements of the State's academic content 
standards or to use specific academic assessment instruments or 
items.
    Sec. 1111(b)(4)(B) [State Revisions] requires that a State 
plan be revised by the State educational agency if necessary to 
satisfy the requirements of this section.
    Sec. 1111(c) [Parent and Family Engagement] describes what 
the State must include in its State plans to show how it will 
strengthen engagement of parents and families in education.
    Sec. 1111(c)(1)(A-F) [Statewide Parent and Family 
Engagement Strategy] requires that the parent and family and 
engagement plan demonstrate how the State plans to increase and 
improve the engagement of parents and family members in 
education throughout the State, through the implementation and 
replication of evidence-based or promising practices and 
strategies, in order to increase student academic achievement 
and college- and career-readiness, provide parents and family 
members with the skills and opportunities necessary to become 
full partners in their child's education, improve child 
development, strengthen relationships and partnerships between 
school personnel and parents and family members, improve the 
ability of local educational agencies and schools to increase 
the participation of parents and family members, and focus 
activities on high-need local educational agencies and high-
need schools.
    Sec. 1111(c)(2)(A-B) [Coordination; Collection; 
Dissemination] requires that the parent and family engagement 
plan describe how the State will ensure maximum coordination 
and minimum duplication of efforts among Federal, State and 
local programs, the State Advisory Councils on Early Childhood 
Education and Care, the parent and family information and 
resource centers established under part G of title IV, and 
appropriate non-Federal entities. The State shall also collect 
and disseminate best practices and research on parent and 
family engagement strategies to local educational agencies, 
institutions of higher education, and other organizations with 
a demonstrated record of success in increasing family 
engagement in education.
    Sec. 1111(c)(3)(A-C) [Technical Assistance, Training, and 
Capacity-Building] requires that the State parent and family 
engagement plan describe the evidence-based technical 
assistance, professional development, or other capacity-
building strategies that the State will provide to high-need 
local educational agencies and high-need schools including 
those identified under section 1116.
    Sec. 1111(c)(4) [Leveraging Resources] provides that each 
State plan may include a description of how the State will 
leverage resources of employers, business leaders, 
philanthropic and non-profit organizations, and other community 
members committed to improving student achievement and 
development to increase and strengthen parent and family 
engagement.
    Sec. 1111(d) [Annual State Report Cards]
    Sec. 1111(d)(1) [In General] requires that a State that 
receives a grant under this part prepare and disseminate an 
annual report card for each public elementary school and 
secondary school in the State, each local educational agency in 
the State, and the State as a whole.
    Sec. 1111(d)(2)(A-D) [Requirements for All Report Cards] 
requires that all school, local education agency, and State 
report cards be uniform, concise, easily understandable, and 
accessible. Report cards must be made available on the Internet 
and a copy of a school's report card must be provided to the 
parents of each student enrolled in the school each year.
    Sec. 1111(d)(3)(A-D) [Required Student Information for 
School Report Cards] requires that specific information be 
included on each school report card. (1) Specifically each 
report card must include (A) a clear and concise description of 
the State's accountability system; (B) information on student 
achievement, in the aggregate and disaggregated by the 
subgroups described in subsection (a)(2)(B)(ix), (i) at each 
proficiency level on the State academic assessments that are 
included in the State's accountability system under subsection 
(a)(3), (ii) the percentage of students who do not take the 
State academic assessments, (iii) the most recent 3-year trend 
in student achievement in each subject area, and for each grade 
level, for such assessments, (iv) a comparison of the school's 
student academic assessment data to the State average for each 
tested subject, (v) if used by the State information on student 
growth measures, (vi) the number and percentages of students 
with the most significant cognitive disabilities that take the 
alternate assessment, (vii) the number of students who are 
English learners, and the performance of such students on the 
State's English language proficiency assessments, and (viii) 
for each high school information on student graduation rates, 
the rate of enrollment at institutions of higher education and 
the rate of student remediation. Each report card must also 
include (C) the school's categorization, if applicable, in the 
State school accountability and improvement system under 
section 1116 and (D) the most recently available academic 
achievement results in grades 4 and 8 of the State's students 
on the National Assessment of Educational Progress in reading 
and mathematics.
    Sec. 1111(d)(4)(A-F) [Optional Information] provides that a 
State may include in each school report card other information 
such as (A) the percentage of students passing examinations 
related to coursework acceptable for postsecondary credit at 
institutions of higher education, (B) the average class size, 
by grade, (C) the incidence of school violence, bullying, drug 
abuse, alcohol abuse, student suspensions, student detentions, 
and student expulsions, (D) indicators of school climate, (E) 
student attendance, and (F) school readiness of students in 
kindergarten.
    Sec. 1111(d)(5)(A-C) [Local Educational Agency and State 
Report Cards] requires that each local educational agency 
report card and State report card required under paragraph (1) 
include the data described in clauses (i) through (viii) of 
paragraph (3)(B) for the local educational agency or State as a 
whole and disaggregated by the subgroups described in 
subsection (a)(2)(B)(ix); and (B) may include any optional 
information described in paragraph (4). Each State report card 
shall (C) include the graduation rate data disaggregated by 
status as a child in foster care.
    Sec. 1111(d)(6) [Data] requires that a State only include 
data that do not reveal personally identifiable information 
about an individual student in a school report card or local 
educational agency report card.
    Sec. 1111(d)(7) [Preexisting Report Cards] allows a State 
or local educational agency that has been providing public 
report cards on the performance of students, schools, local 
educational agencies, or the State prior to the date of 
enactment of this act to use those report cards for the purpose 
of this subsection as long as any such report card is modified 
to contain the information required by this subsection.
    Sec. 1111(d)(8) [Cost Reduction] requires each State and 
local educational agency receiving assistance under this part 
to take steps to reduce data collection costs and duplication 
of effort by obtaining the information required under this 
subsection through existing data collection efforts whenever 
possible.
    Sec. 1111(d)(9) [Cross-Tabulated Data Not Used for 
Accountability] requires that groups of students obtained by 
cross-tabulating data under this subsection shall not be 
considered to be subgroups under section 1116. Such cross-
tabulated data shall not be used to determine whether a school 
is identified under subsection (b) or (c) of section 1116 or is 
a low-performing school under section 1116(e).
    Sec. 1111(e) [Reporting]
    Sec. 1111(e)(1)(A-E) [Annual State Report] requires that 
each State educational agency that receives assistance under 
this part must report annually to the Secretary, and make 
widely available within the State (A) information on the 
State's progress in developing and implementing the required 
academic assessments, (B) information on the achievement of 
students, in terms of being on track to college- and career-
readiness and, for States described in subsection (b)(1)(B), in 
terms of making adequate student growth, on such academic 
assessments, including results disaggregated by subgroups and 
by status as a child in foster care, (D) information on the 
acquisition of English language proficiency by students who are 
English learners, and (E-F) the number of schools, and the name 
of each school, identified under section 1116(c)(2) or section 
1117.
    Sec. 1111(e)(2) [Secretary's Report Card and Biennial 
Evaluation Report]
    Sec. 1111(e)(2)(A)(i-vii) [Secretary's Report Card] 
requires that not later than July 1, 2013, and annually 
thereafter, the Secretary shall prepare a national report card 
on the status of elementary and secondary education in the 
United States. Such report shall: (i) analyze existing data 
from State reports required under this act, the Individuals 
with Disabilities Education Act, and the Carl D. Perkins Career 
and Technical Education Act of 2006, and summarize major 
findings from such reports; (ii) analyze data from the National 
Assessment of Educational Progress and international 
assessments; (iii) identify trends in student achievement, 
student performance, and high school graduation rates, 
including subgroups based on race, ethnicity, and socioeconomic 
status and the subgroups of children with disabilities and 
English learners; (iv) compare the performance of students 
across States and local educational agencies across the United 
States; (v) identify and report on promising practices, areas 
of greatest improvement in student achievement and educational 
attainment, and other examples worthy of national attention; 
(vi) identify and report on areas of educational concern that 
warrant national attention; and (vii) (I) analyze existing 
data, as of the time of the report, on Federal, State, and 
local expenditures on education, including per pupil spending, 
teacher salaries and pension obligations, school level 
spending, and other financial data publicly available; and (II) 
report on current trends and major findings resulting from the 
analysis.
    Sec. 1111(e)(2)(B) [Special Rule] provides that the 
information used to prepare the Secretary's Report Card shall 
be derived from existing State and local reporting requirements 
and data sources.
    Sec. 1111(e)(2)(C) [Biennial Report] requires that the 
Secretary shall transmit biennially to the authorizing 
committees a report that provides national and State-level data 
on the information collected for the Secretary's Report Card.
    Sec. 1111(f) [Penalties] provides that if a State that 
receives a grant under this part fails to meet any requirement 
of this part, the Secretary may withhold funds for State 
administration under this part until the Secretary determines 
that the State has fulfilled those requirements.
    Sec. 1111(g)(1)(A-D) [Qualifications] requires that 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 information regarding the 
professional qualifications of the student's classroom 
teachers, including, at a minimum, the following: (A) Whether 
the teacher has met State qualification and licensing criteria 
for the grade levels and subject areas in which the teacher 
provides instruction; (B) Whether the teacher is teaching under 
emergency or other provisional status through which State 
qualification or licensing criteria have been waived; (C) 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; (D) Whether 
the student is provided services by paraprofessionals and, if 
so, their qualifications.
    Sec. 1111(g)(2)(A-B) [Additional Information] states that a 
school that receives funds under this part shall provide to 
each individual parent (A) information on the level of 
achievement of the student in each of the State academic 
assessments and (B) timely notice that the student has been 
assigned, or has been taught for 4 or more consecutive weeks 
by, a teacher who is not highly qualified.
    Sec. 1111(g)(3) [Format] states that the notice and 
information provided to parents under this subsection shall be 
in an understandable and uniform format and, to the extent 
practicable, provided in a language that the parents can 
understand.
    Sec. 1111(h) [Privacy] requires that information collected 
under this section must be collected and disseminated in a 
manner that protects the privacy of individuals.
    Sec. 1111(i) [Technical Assistance] requires that the 
Secretary provide a State educational agency, at the State 
educational agency's request, technical assistance in meeting 
the requirements of this section.
    Sec. 1111(j) [Construction] notes that 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.
    Sec. 1111(k)(1-3) [Special Rule With Respect to Bureau-
Funded Schools] allows schools that are operated or funded by 
the Bureau of Indian Education of the Department of Interior 
and that receives funds under this part, to meet the assessment 
requirements by using the (1) State assessment, (2) a regional 
assessment, or (3) an assessment approved by the Secretary of 
the Interior.
    Sec. 1112. [Local Educational Agency Plans]
    Sec. 1112(a)(1) [Subgrants] provides that a local 
educational agency may only receive a subgrant under this part 
if such agency has on file with the State educational agency a 
plan 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.
    Sec. 1112(a)(2) [Consolidated Application] provides that 
the plan may be submitted as part of a consolidated application 
under section 9305.
    Sec. 1112(b)--[Plan Development and Duration]
    Sec.1112(b)(1)(A-C) [Consultation] requires that each local 
educational agency plan be developed in consultation with 
teachers, principals, administrators, and other appropriate 
school personnel, with representatives of early childhood 
education and care programs in the geographic area served by 
the local educational agency, and with parents and family 
members of children in schools served under this part.
    Sec. 1112(b)(2) [Duration] requires that each local 
educational agency plan be submitted for the first year for 
which this part is in effect following the date of enactment of 
the Elementary and Secondary Education Reauthorization Act of 
2011 and remain in effect for the duration of the agency's 
participation under this part.
    Sec. 1112(b)(3) [Review] requires that each local 
educational agency periodically review and, as necessary, 
revise its plan to reflect changes in the local educational 
agency's strategies and programs under this part.
    Sec. 1112(c)--[State Approval]
    Sec. 1112(c)(1) [In General] Each local educational agency 
plan will be filed according to a schedule established by the 
State educational agency.
    Sec. 1112(c)(2)(A-B) [Approval] provides that the State 
educational agency 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 and (B) meets 
the requirements of this part.
    Sec. 1112(d)--[Plan Provisions]
    Sec. 1112(d)(1-13) [Plan Provisions] requires each local 
educational agency to develop a plan that describes each of the 
following in order to help low-achieving children meet college- 
and career-ready student academic achievement standards, and to 
close the achievement gap between high- and low-achieving 
children: (1) how the local educational agency will work with 
each of the schools served by the agency to (A) develop and 
implement a comprehensive program of instruction to meet the 
academic needs of all students, (B) identify quickly and 
effectively students who may be at risk for academic failure, 
(C) provide additional educational assistance to individual 
students assessed as needing help in meeting the State's 
college- and career-ready student academic achievement 
standards, (D) identify significant gaps in student achievement 
among subgroups of students and develop strategies to reduce 
such gaps in achievement, and (E) identify and implement 
effective methods to strengthen the core academic programs of 
the schools, including multi-tiered systems of support, 
universal design for learning, and positive behavioral 
interventions and supports; (2) how the local educational 
agency will monitor and evaluate the effectiveness of school 
programs in improving student academic achievement; (3) the 
strategy the local educational agency will use to implement 
effective parent and family engagement under section 1118; (4) 
how the local educational agency will integrate services 
provided under this part with other early childhood education 
and care programs at the local educational agency or individual 
school level (including programs under section 619 of the 
Individuals with Disabilities Education Act) that include plans 
for the transition of participants in such programs to local 
elementary school programs and, 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 a Head Start program or another 
comparable public early childhood education and care program; 
(5) how activities under this part will be coordinated and 
integrated with Federal, State, and local services and 
programs; (6) how the local educational agency will coordinate 
and integrate services provided under this section with local 
workforce development programs that serve disadvantaged or out-
of-school youth; (7) the poverty criteria that will be used to 
select school attendance areas under section 1113; (8) how 
teachers, in consultation with parents and family members, 
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; (9) 
how the local educational agency will identify and address any 
disparities in the equitable distribution of teachers, 
consistent with the requirements of section 1111(b)(1)(L); (10) 
data on the percentage and distribution of the categories of 
teachers described in subparagraph (A) through (E) of 
subsection (e)(10); (11) a general description of the programs 
to be conducted under sections 1114 and 1115 and, where 
appropriate, educational services outside such school for 
children living in local institutions for neglected or 
delinquent children, and for neglected and delinquent children 
in community day school programs; (12) a description of how the 
local educational agency will provide opportunities for the 
enrollment, attendance, and success of homeless children and 
youths, and the services the local educational agency will 
provide homeless children and youths; and (13) a description of 
the support the local educational agency will provide for 
homeless children and youths, consistent with the requirements 
of the McKinney-Vento Homeless Assistance Act.
    Sec. 1112(e)--[Assurances]
    Sec. 1112(e)(1-10) [Assurances] requires that each local 
educational agency plan provides assurances that the local 
educational agency will--(1) use the results of the student 
academic assessment 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 on-
track or advanced level of achievement on the State academic 
assessments; (2) provide to parents and teachers the results 
from the academic assessments required under section 
1111(a)(2); (3) participate, if selected, in State academic 
assessments of student achievement in reading and mathematics 
in grades 4 and 8 carried out under the National Assessment of 
Educational Progress Authorization Act; (4) fulfill such 
agency's school improvement responsibilities under section 
1116; (5) ensure that migratory children receive the same 
services under this part as non-migratory children; (6) provide 
services to eligible children attending private elementary 
schools and secondary schools in accordance with section 1120, 
and provide for timely and meaningful consultation with private 
school officials regarding such services; (7) inform eligible 
schools of the local educational agency's authority to obtain 
waivers on the school's behalf under applicable Federal 
flexibility provisions; (8) in the case of a local educational 
agency that chooses to use funds under this part to provide 
early childhood education and care 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; and (9) comply with the requirements for the 
education of children in foster care as described in section 
1501; and (10) annually submit to the Secretary data regarding 
the percentage and distribution of teachers who are not 
classified as highly qualified teachers, teachers who are 
inexperienced, teachers who have not completed a teacher 
preparation program, teachers who are not teaching in the 
subject or field for which the teacher is certified or 
licensed, and when applicable, teachers who are in the highest 
or lowest categories of a teacher evaluation system that is 
consistent with section 2301(b)(4).
    Sec. 1112(f)--[Parental Notification Regarding Language 
Instruction Programs]
    Sec. 1112(f)(1) [In General] requires that each local 
educational agency inform parents of a child identified as an 
English learner for participation or participating in, such a 
program of--(A) the reasons for the identification of their 
child as an English learner; (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; (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; (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 detailing the 
right that parents have to have their child immediately removed 
from such program upon their request; 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.
    Sec. 1112(f)(2) [Notice] requires that the notice and 
information provided in paragraph (1) to a parent or parents of 
a child identified for participation in a language instruction 
program for English learner children be in an understandable 
and uniform format.
    Sec. 1112(f)(3) [Special Rule Applicable During the School 
Year] requires that for those children identified as English 
learners after the beginning of the school year, that the local 
educational agency notify the parents of such children within 
the first 2 weeks of the child being placed in a language 
instruction educational program.
    Sec. 1112(f)(4) [Parental Participation] states that each 
local educational agency receiving funds under this part shall 
implement an effective means of outreach to parents of English 
learner students to inform the parents and family members 
regarding how they 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 college- and career-ready 
State academic achievement standards and State academic content 
standards expected of all students, including holding regular 
meetings for the purpose of formulating and responding to 
recommendations from parents and family members of students 
assisted under this part.
    Sec. 1112(f)(5) [Basis for Admission or Exclusion] provides 
that a student 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]
    Sec. 1113(a)(3)(A) [Ranking Order--In General] Amends 
current law to include high schools with 50 percent of children 
from low-income families. Subparagraph (B) ensures that local 
educational agencies do not have to reduce the amount of 
funding currently allocated to elementary and middle schools to 
serve high schools in accordance with this change.
    Sec. 1113(a)(5)(A)(i-iii) [Measures--In General] maintains 
current law.
    Sec. 1113(a)(5)(B)(i-ii) [Low-Income Families in Secondary 
Schools] includes new language to allow for the measuring of 
students in low-income families in secondary schools either by 
the calculation used for all other schools that is described in 
(A) or through the use of a feeder pattern described in 
subparagraph (C).
    Sec. 1113(a)(5)(C) [Feeder Pattern] establishes that in 
this part, the term ``feeder pattern'' means an accurate 
estimate of the number of students in low-income families in a 
secondary school that is calculated by applying the average 
percentage of students in low-income families of the elementary 
school attendance areas as calculated under subparagraph (A) 
that feed into the secondary school.
    Sec. 1113(a)(8) [Reservation for Early Childhood Education 
and Care] provides a new provision that allows a local 
educational agency to reserve funds made available to carry out 
this section for early childhood education and care in eligible 
school attendance areas before making allocations to high 
schools in eligible school attendance areas.
    Sec. 1113(c)--[Allocations]
    Sec. 1113(c)(3)(A)(i-iv) [Funds for Homeless Children and 
Youths] amends current law with regard to the reservation of 
funds to serve homeless children, children in local 
institutions for neglected children, and children in local 
institutions or day-school programs for delinquent children. A 
local educational agency may reserve funds under this part to 
provide services comparable to those provided to children in 
schools funded under this part to serve--(i) homeless children 
who do not attend participating schools, (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 programs, and 
(iv) children in foster care.
    Sec. 1113(c)(3)(B)(i-v) [Reservation of Funds for Homeless 
Children and Youths] provides that notwithstanding the 
requirements of subsections (b) and (c) of section 1120A, funds 
reserved under subparagraph (A) may be used to provide homeless 
children and youths with services not ordinarily provided to 
other students under this part. This could include (i) funding 
the liaison designated in the McKinney-Vento Homeless 
Assistance Act, (ii) providing transportation pursuant to 
section 722(g)(1)(J)(iii) of such act, (iii) providing services 
to preschool-aged homeless children and homeless secondary 
school students, (iv) providing support services to homeless 
children and youths in shelters and other locations where they 
may live, and (v) removing barriers to homeless children and 
youths' enrollment, attendance, retention, and success in 
school.
    Sec. 1113(c)(3)(C)(i-ii) [Amount Reserved] provides that 
the amount of funds reserved under subparagraph (A) be 
determined by an assessment of the needs of homeless children 
and youths in the local educational agency. Such needs 
assessment shall include the following: (i) information related 
to child, youth, and family homelessness in the local 
educational agency and (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 the McKinney-
Vento Homeless Assistance Act for the previous school year.
    Sec. 1114 [Schoolwide Programs]
    Sec. 1114(a)(1) [In General] adds language to current law 
that allows funds provided under this part to be used to 
support activities that address needs identified through the 
comprehensive needs assessment under subsection (b)(1)(A) and 
consistent with the schoolwide program.
    Sec. 1114(a)(2) [Identification of Students Not Required]
    Sec. 1114(a)(2)(A)(ii) [In General] is amended to state 
that no school participating in a schoolwide program shall be 
required to identify particular services as supplemental.
    Sec. 1114(a)(2)(B)(i-iii) [Supplemental Funds] is amended 
to state that a local educational agency serving a school 
participating in a schoolwide program shall use funds available 
to carry out this section only to supplement the aggregate 
amount of funds that would, in the absence of funds under this 
part, be made available from State and local sources for the 
school, including funds needed to provide services that are 
required by law for children with disabilities and children who 
are English learners. It also establishes that a local 
educational agency shall demonstrate that the methodology it 
uses to allocate State and local funds to each school receiving 
funds under this part ensures the school receives all of the 
State and local funds the school would otherwise receive if it 
were not receiving funds under this part. Finally, it states 
that 1120A(b) does not apply to schools operating schoolwide 
programs under this section.
    Sec. 1114(a)(3)(B) [Requirements] is amended to strike 
requirements that cannot be waived by the Secretary. These 
requirements include 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.
    Sec. 1114(b)(1)(B) [In General] is amended to include 
multi-tier system of supports and positive behavior supports as 
strategies to address the needs of all children in the school.
    Sec. 1114(b)(1)(D) and (F) are struck from the statute.
    Sec. 1114(b)(2) [Plan] includes technical amendments to 
update the paragraph.
    Sec. 1114(c)--[Prekindergarten Program] includes technical 
amendments to update the paragraph.
    Sec. 1115 [Targeted Assistance Schools]
    Sec. 1115(b)--Eligible Children
    Sec. 1115(b)(1) [Eligible Population] includes technical 
amendments to update the paragraph in addition to the changes 
noted below.
    Sec. 1115(b)(2)(B) [Head Start or Literacy Programs] is 
amended by deleting the Even Start and Early Reading First 
program and adding the literacy program under part A of title 
IV as programs that serve children to be deemed eligible to 
receive services under this part.
    Sec. 1115(c)--[Components of a Targeted Assistance School 
Program]
    Sec. 1115(c)(1)(A-H) [In General] is updated with technical 
amendments in addition to the changes noted below.
    Section 1115(c)(1)(C) is amended by a multi-tier system of 
supports and positive behavioral supports as strategies that 
could be used to strengthen the core academic program.
    Sec. 1115(c)(2)(A-B) [Requirements] is updated by technical 
amendments to update the section.
    Sec. 1116. [School Performance]
    Sec. 1116(a). [School Performance and Accountability 
System]
    Sec. 1116(a)(1) [In General] requires States to establish a 
school accountability and improvement system to differentiate 
public elementary and secondary schools by levels of 
performance and to provide such schools with intervention.
    Sec. 1116(a)(2)(A)(i-ii) [Approval and Peer Review of 
System] requires States, not later than the 2013-14 school 
year, to develop a school accountability and improvement system 
that (i) identifies public schools in the State that are 
achievement gap schools and persistently low-achieving schools 
as well as the school improvement strategies or other 
consequences to be used for such schools, and (ii) implements 
the State-designed accountability program.
    Sec. 1116(a)(2)(B) [Review and Approval] specifies that the 
State shall include information describing the school 
accountability and improvement system in the State plan, which 
shall be subject to a peer review and approval by the 
Secretary.
    Sec. 1116(b) [Achievement Gap Schools]
    Sec. 1116(b)(1)(A)(i-ii) [Identification of Achievement Gap 
Schools] Each State must define the category of achievement gap 
schools as part of its State plan and to identify annually, 
beginning in the 2013-14 school year, the schools in the 
category. A State must include in its definition of achievement 
gap schools: the 5 percent of public high schools in the State, 
and the 5 percent of public elementary schools and secondary 
schools in the State that are not high schools, that have the 
largest achievement gap among any of the categories of students 
described in subparagraph (B), or that have the lowest 
performance by students in such categories in the State, with 
respect to (i) being on track to career- and college-readiness 
and, (ii) in the case of high schools, the graduation rate.
    Sec. 1116(b)(1)(B) [Subgroups of Students] The categories 
of students must be disaggregated by each major racial and 
ethnic group, by English proficiency status, by status as a 
child with a disability, and by economically disadvantaged 
status.
    Sec. 1116(b)(1)(C) [Data Rule] In identifying achievement 
gap schools a State shall (i) use data for the most recent year 
or (ii) average data for the most recent 2- to 3-year period.
    Sec. 1116(b)(1)(D) [Parental Notification] Each year, a 
State shall provide timely notification to all parents of 
students enrolled in a school that has been identified as one 
of the State's achievement gap schools for such year.
    Sec. 1116(b)(2)(A-B) [State and Local Improvement 
Strategies] requires the local educational agency to develop 
and implement, for each achievement gap school, a measureable 
and data-driven correction plan to improve the performance of 
low-achieving subgroups in the school. Any local educational 
agency serving an achievement gap school that has been 
identified as such for more than 3 consecutive years shall not 
be eligible for any priority, preference, or special 
consideration for any grant, subgrant or other program funded 
under this act.
    Sec. 1116(c) [Persistently Low-Achieving Schools]
    Sec. 1116(c)(1)(A)(i-ii) [Lowest-achieving Schools in the 
State] requires, beginning in the 2013-14 school year, that 
each State annually determine the lowest-achieving schools in 
the State, which shall include (i) the lowest-achieving 5 
percent of public high schools, and the lowest-achieving 5 
percent of public elementary schools and secondary schools that 
are not high schools. This determination shall be based on (I) 
student performance on the State academic assessments in 
reading or language arts and math, including student absolute 
performance and, if applicable, growth and (II) graduation 
rates. High schools that have less than a 60 percent graduation 
rate are considered low-achieving. If the State chooses, (III) 
it may include (aa) schoolwide gains and (bb) absolute student 
performance or growth on other statewide assessments.
    Sec. 1116(c)(1)(B)(i-ii) [Data Rule] specifies that when 
identifying the lowest-achieving schools, the State shall (i) 
use data for the most recent year or (ii) average data for the 
most recent 2-to 3-year period.
    Sec. 1116(c)(1)(C) [Parental Notification] requires the 
State to provide timely notification to all parents of students 
enrolled in a school identified as one of the State's lowest-
achieving schools.
    Sec. 1116(c)(1)(D)(i-iv) [List of Targeted Low-Achieving 
Schools] requires States to annually (i) compile a list of the 
schools identified as the State's lowest-achieving schools that 
(I) receive assistance under this part, (II) are public high 
schools for which 50 percent or more of each school's students 
are from low-income families or (III) are public high schools 
that have less than a 60 percent graduation rate. Further, the 
State is required to (ii) submit the list to the Secretary, 
(iii) distribute the list to the local educational agencies, 
elementary schools, and secondary schools in the State, and 
(iv) make the list publicly available.
    Sec. 1116(c)(2)(A) [Identification as Persistently Low-
Achieving] provides that for the 2013-14 school year, each 
State shall identify schools for the preceding school year that 
meet the qualifications described in (D) as persistently low-
achieving schools. For the 2014-15 school year, and each 
subsequent school year, each school that has been on the list 
for the 2 preceding consecutive school years shall be 
identified as a persistently low-achieving school.
    Sec. 1116(c)(2)(B) [5-year Period] provides that each 
school identified as persistently low-achieving shall be so 
identified for the 5-year period following the identification.
    Sec. 1116(c)(3) [State Waiver] provides that the State may 
apply to the Secretary to waive the requirements of this 
section for a school that is performing at a satisfactory level 
but which would otherwise be considered to be a persistently 
low-achieving school.
    Sec. 1116(c)(4) [Needs Analysis] requires that local 
education agencies conduct a data-driven analysis of each 
identified persistently low-achieving school identified to 
determine the most appropriate school improvement strategies to 
improve student performance. The needs analysis will include 
(A) a diagnostic review of data related to students and 
instructional staff, (B) an analysis of school governance, 
curriculum, instruction, student supports, conditions for 
learning, and parent and family engagement practices relative 
to the needs of the student population, and (C) the resources, 
which may include community-based supports and early childhood 
education and care, available at the school, local educational 
agency, and community levels.
    Sec. 1116(c)(5)(A-B) [State and Local Responsibilities] 
requires local educational agencies, under supervision of the 
State, to carry out many requirements related to identifying 
persistently low-achieving schools. The local educational 
agency shall: (1) establish a process for selecting an 
improvement strategy; (2) select and implement an improvement 
strategy; (3) develop a budget; (4) select and implement a 
school improvement strategy at the school; (5) monitor the 
effectiveness of the implementation of the improvement plan; 
(6) select turnaround partners; (7) align other government 
resources with the improvement strategy; (8) provide the school 
with operational flexibility; (9) collect and use data on an 
on-going basis to adjust the improvement strategy; (10) provide 
an assurance that the strategy addresses the needs of all 
students; (11) take steps to sustain successful reforms; and 
(12) provide technical assistance and other supports to ensure 
effective implementation of the school improvement strategy.
    Sec. 1116(c)(6)(C) [State as Local Educational Agency] 
allows a State to take over a persistently low-achieving school 
and act as the local educational agency if permitted by State 
law.
    Sec. 1116(c)(6) [School Improvement Strategies]
    Sec. 1116(c)(6)(A) [Required Activities for All School 
Improvement Strategies] requires, for each school identified as 
a persistently low-achieving school, a local educational agency 
to implement school improvement strategies. Each local 
educational agency is required to: (i) provide ongoing 
professional development for staff; (ii) conduct regular 
evaluations of teachers and principals at the school that 
provide specific feedback on areas of strength and in need of 
improvement; (iii) provide time for collaboration among 
instructional staff; (iv) provide instructional staff with 
timely access to student data to inform instruction and meet 
the academic needs of individual students, which may include, 
in elementary school, school readiness data; (v) collaborate 
with parents, community members, teachers, and other school 
personnel on the selection of the school improvement strategy; 
(vi) use data to identify and implement research-based 
instructional programs; (vii) in the case of elementary schools 
with kindergarten entry, consider the issue of school readiness 
by (I) examining factors contributing to school readiness as 
part of the needs assessment in paragraph (4); and (II) if 
school readiness is an area in need of improvement (aa) 
coordinate with appropriate early childhood programs under the 
Child Care Development and Block Grant Act, the Head Start Act, 
prekindergarten programs, and other similar Federal, State, and 
local programs in order to align instruction to better prepare 
students for elementary school; and (bb) developing a plan to 
improve or expand early childhood options which may include the 
use of funds under this part for such purposes; (viii) provide 
on-going mechanisms for parent and family engagement; and (ix) 
provide appropriate services and supports for students as 
identified in the school's needs assessment.
    Sec. 1116(c)(6)(B) [Strategies] requires the local 
educational agency to identify a school improvement strategy 
for each identified persistently low-achieving school from 
among the strategies described in (i-vi).
    Sec. 1116(c)(6)(B)(i) [Transformation Strategy] requires 
that a local educational agency implementing the Transformation 
Strategy shall--(I) replace the principal if he/she has served 
more than 2 years, with a principal who has (aa) a demonstrated 
record of success in increasing student achievement, (bb) 
training or experience in raising student achievement, or (cc) 
training or experience in turning around low-performing 
schools. In addition, the Transformation Strategy (II) requires 
all teachers and leaders to reapply for their positions and 
(III) requires that all staff are hired through mutual consent.
    Sec. 1116(c)(6)(B)(ii) [Strategic Staffing Strategy] 
requires that a local educational agency implementing the 
Strategic Staffing Strategy (I) replace the principal if he/she 
has served more than 2 years with a principal who has the 
demonstrated record of success, training, or experience 
described above. In addition, (II) the principal is able to 
staff the school with a turnaround team of his/her choosing 
from among individuals with a demonstrated record of success in 
increasing student achievement. The team shall include (aa) not 
more than 5 teachers in an elementary school and (bb) not more 
than 20 teachers in a high school. Teachers and principals 
(III) may receive incentives to participate in the Strategic 
Staffing Strategy.
    Sec. 1116(c)(6)(B)(iii) [Turnaround Strategy] requires that 
a local educational agency implementing the Turnaround Strategy 
shall (I) replace the principal, if the principal has served in 
that role at the school for more than 2 years, with a principal 
who has the demonstrated record of success, training or 
experience described above and (II) screen all teachers in the 
school and retain not more than 65 percent of them.
    Sec. 1116(c)(6)(B)(iv) [Whole School Reform Strategy] 
requires that a local educational agency implementing the Whole 
School Reform Strategy use an evidence-based strategy that 
ensures whole school reform. The strategy shall include a 
partnership with a strategy developer offering a school reform 
program based on at least a moderate level of evidence that the 
program will have a statistically significant effect on student 
outcomes, which includes more than one well-designed or well-
implemented experimental or quasi-experimental study.
    Sec. 1116(c)(6)(B)(v)(I-II) [Restart Strategy] requires 
that a local educational agency implementing the Restart 
Strategy choose from two approaches. The local educational 
agency may (I) convert the school into a public charter school, 
close and reopen the school as a public charter school, (bb) 
convert the school to a magnet school, or create a new, 
innovative school. The local educational agency also has the 
option to (II) open a new school that (aa) serves the same 
grade levels as the original school and (bb) enrolls any former 
student of the original school who requests to attend the new 
school and admits additional students, using a random lottery 
system if necessary.
    Sec. 1116(c)(6)(B)(vi)(I-IV) [School Closure Strategy] 
requires a local educational agency implementing the School 
Closure Strategy to (I) close the school and enroll the 
students who attended the school in other schools and to (II) 
provide transportation, or pay for the provision of 
transportation, for students to the new school.; The local 
educational agency must also (III) provide information about 
high-quality educational options to students who attended the 
closed school and the students' parents. A local educational 
agency (IV) may use school improvement funds (d) to pay for the 
expenses of these activities.
    Sec. 1116(c)(6)(C)(i) [Flexibility for Certain Local 
Educational Agencies] Eligible local educational agencies may 
modify one of the elements or activities required under 
subparagraph (A) of a school improvement strategy.
    Sec. 1116(c)(6)(C)(ii) [State Flexibility] (I) A State 
educational agency may, with the approval of the Secretary, 
establish an alternative State-determined school improvement 
strategy that may be used by local educational agencies in 
addition to the strategies described in subparagraph (B).
    Sec. 1116(c)(6)(D)[Public School Choice] requires a local 
educational agency to, not later than 3 months before the first 
day of the school year following the identification of a school 
as a persistently low-achieving school to provide all students 
enrolled in the identified school with the option to transfer 
to another public school served by the local educational 
agency. (ii) Priority for transfer to another public school 
shall be given to the lowest achieving children. (iii) Students 
who use the option to transfer to another public school 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. (iv) A local educational 
agency shall permit a child who transfers to another public 
school under this subparagraph to remain in that school until 
the child has completed the highest grade in such school.
    Sec. 1116(c)(7)(A-B) [Improvement] provides that if, at any 
time during the 5-year period for which a school is identified 
as a persistently low-achieving school, the State determines 
that the school is no longer one of the State's persistently 
low-achieving schools, then (A) the State shall no longer 
identify the school as a persistently low-achieving school. (B) 
The local educational agency shall continue to receive school 
improvement funds for such school to carry out the grant 
activities in such school.
    Sec. 1116(c)(8) [Repeated Classification as Persistently 
Low-Achieving] provides that for each school identified as 
persistently low-achieving for more than the initial 5-year 
period, the local educational agency shall implement the 
restart strategy or the school closure strategy.
    Sec. 1116(d) [School Improvement Funds] This subsection 
replaces the School Improvement grant that was in section 
1003(g) of the No Child Left Behind Act.
    Sec. 1116(d)(1) [Definitions] defines the terms eligible 
entity and eligible school.
    Sec. 1116(d)(2)(A) and (B) [Allotments to States] states 
that States that submit an application shall be provided with 
an allotment of funds to carry out the activities described in 
this subsection to assist eligible schools. The Secretary shall 
allot to each State with an approved application an amount that 
bears the same relation to such funds as the amount that the 
State received under subpart 2 for the preceding fiscal year 
bears to the amount that all States receive under such subpart 
for such fiscal year.
    Sec. 1116(d)(3)(A-F) [State Application] provides that a 
State that desires to receive school improvement funds submit 
an application to the Secretary that includes description of: 
(A) the process and criteria that the State will use to award 
subgrants; (B) the process and criteria the State will use to 
determine whether the eligible entity's proposal for each 
eligible school meets specific requirements; (C) how the State 
will ensure geographic diversity in making subgrants; (D) how 
the State will set priorities in awarding subgrants to eligible 
entities approved to serve achievement gap schools, if funds 
are available; (E) how the State will monitor and evaluate the 
implementation of school improvement strategies by eligible 
entities; and (F) how the State will reduce barriers for 
schools in the implementation of school improvement strategies.
    Sec. 1116(d)(4) [State Administration and Technical 
Assistance] allows a State to reserve not more than 5 percent 
of the grant for the administration of this subsection.
    Sec. 1116(d)(5)(A) [School Improvement Activities] requires 
a State that receives school improvement funds to use not less 
than 95 percent of funds to carry out school improvement 
activities for eligible schools.
    Sec. 11169(d)(5)(B) [Priority] provides that in 
distributing grant funds under this paragraph, a State shall 
assist the schools identified as persistently low-achieving 
schools before assisting schools identified as achievement gap 
schools.
    Sec. 1116(d)(5)(C)(i) [Subgrants] provides that an eligible 
entity that desires a subgrant shall submit an application to 
the State.
    Sec. 1116(d)(5)(C)(ii) [Demonstration of Additional 
Responsibilities] provides that each eligible entity that 
desires a subgrant under this paragraph shall demonstrate in 
its application that the eligible entity has in place policies 
and systems that will support school improvement activities.
    Sec. 1116(d)(5)(C)(iii) [Subgrant Size] provides that a 
State shall award subgrants of sufficient size.
    Sec. 1116(d)(5)(C)(iv) [Subgrant Period] provides that each 
subgrant shall be awarded for a 5-year period.
    Sec. 1116(d)(5)(C)(v) [Withholding Final Funding] provides 
that an eligible entity must demonstrate that the schools 
receiving funds have made significant progress on the leading 
indicators, as defined in section 9101, in order to receive 
subgrant funds for the final 2 years of the subgrant cycle.
    Sec. 1116(d)(5)(D)(i-iii) [Use of Subgrant Funds] requires 
that an eligible entity that receives a subgrant under this 
paragraph shall use the subgrant funds to carry out the 
requirements of the school improvement strategies.
    Sec. 1116(d)(5)(E) [Supplement, Not Supplant] requires that 
an eligible entity or State use Federal funds received under 
this subsection 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 funded under this subsection.
    Sec. 1116(d)(5)(F) [Intervention by State] provides that in 
the case of a State educational agency that has taken over a 
school or local educational agency, the State may use an amount 
of funds under this subsection, similar to the amount that the 
school or local educational agency would receive under this 
subsection, to carry out school improvement activities.
    Sec. 1116(d)(6) [National Activities] provides that the 
Secretary shall carry out national activities, including 
building State and local educational agency capacity to turn 
around schools identified as persistently low-achieving and 
schools in rural areas activities focused on building capacity 
to turn around identified schools, improving the use of data, 
research, and evaluation to effectively identify and assist 
identified schools, and other activities designed to support 
State and local efforts to improve eligible schools.
    Sec. 1116(d)(7) [Evaluation] requires that the Director of 
the Institute of Education Sciences conduct an evaluation of 
the programs carried out under this subsection.
    Sec. 1116(e) [State Responsibilities] requires a State 
educational agency receiving assistance under this part to 
support the improvement of all schools that are not identified 
but are low-performing or have low-performing categories of 
students.
    Sec. 1116(f) [Construction] provides that 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.
    Sec. 1117. [Blue Ribbon Schools]
    Sec. 1117(a) [Program Purpose] establishes that the purpose 
of this section is to assist States and local educational 
agencies in identifying and rewarding high-performing schools.
    Sec. 1117(b)(1)(A-B) [Identification of Blue Ribbon 
Schools] provides that each State may (A) define the category 
of blue ribbon schools and (B) may identify the schools in the 
State that are blue ribbon schools each year.
    Sec. 1117(b)(2)(A)(i-v) [Blue Ribbon School Criteria] 
establishes that if a State elects to identify Blue Ribbon 
Schools, the State's blue ribbon schools shall consist of the 
top 5 percent of the State's public elementary and secondary 
schools, as designated by the State based on student 
achievement and graduation rates and may include school gains 
and student growth.
    Sec. 1117(b)(2)(B) [Noneligibility for Blue Ribbon Status] 
A school identified as an achievement gap school or a 
persistently low-achieving school for a year shall not be 
eligible for blue ribbon school status for the same year.
    Sec. 1117(c)(1) [Rewards for Blue Ribbon Schools] Describes 
the rewards States can provide to Blue Ribbon Schools. States 
may: (A) increase the school's autonomy over the school's 
budget, staffing, and time; (B) allow each blue ribbon school 
to have flexibility in the use of any funds provided to the 
school under this act consistent with specific Federal 
statutes; and (C) may reserve not more than .5 percent of the 
funds to distribute rewards, on a competitive basis, to local 
educational agencies that serve one or more blue ribbon schools 
to enable the local educational agencies to provide awards to 
such blue ribbon schools.
    Sec. 1117(c)(2) [Use of Rewards] states that a blue ribbon 
school that receives an award shall agree to (A) use such funds 
to improve student achievement and (B) provide technical 
assistance to the lowest-achieving schools in the State that 
have characteristics similar to the blue ribbon school.
    Sec. 1118 [Parent and Family Engagement]
    Sec. 1118(a) [Local Educational Agency Parent and Family 
Engagement Plan]
    Sec. 1118(a)(1) [In General] requires that local 
educational agencies develop evidence-based plans to engage the 
parents and family members of students in meaningful ways in 
order to receive title I-A funds. The plan must be aligned with 
the local educational agency plan developed pursuant to section 
1112 and should incorporate input from parents and family 
members of participating children (including district-wide 
parent advisory committees, where applicable), experts in 
parent and family engagement, to the extent practicable, and 
organizations that have a demonstrated record of effectiveness 
in promoting college- and career-readiness.
    Sec. 1118(a)(2) [Consultation and Dissemination] requires 
that all local educational agencies that receive funds under 
this part will develop and implement the parent and family and 
engagement plan in conjunction with the parents and family 
members of participating children, as well as the district-wide 
parent advisory committee, if applicable, and develop a 
template for schools to communicate parent and family 
engagement strategies.
    Sec. 1118(a)(3) [Contents of the Local Educational Agency 
Parent and Family Engagement Plan]
    Sec. 1118(a)(3)(A) [Required Elements] requires that the 
local educational agency parent and family engagement plan: (i) 
establish goals for, and commitment to, meaningful engagement 
strategies; (ii) describe how the local educational agency will 
equip parents and family members to act in partnership with the 
school; (iii) describe how the local educational agency will 
provide schools with the support necessary to develop and 
implement effective parent and family engagement strategies; 
and (iv) describe how the local educational agency will use 
data to continuously improve engagement strategies.
    Sec. 1118(a)(3)(B) [Optional Elements] allows a local 
educational agency to include additional elements in the 
reduced parent and family engagement plan, including a 
description of how the LEA plans to include employers, business 
leaders, philanthropic and nonprofit organizations and other 
community members to strengthen parent and family engagement.
    Sec. 1118(b) [Evaluation] requires each local educational 
agency to conduct an annual evaluation of the parent and family 
engagement plan.
    Sec. 1118(c) [Reservation and Use of Funds] maintains a 
provision in current law that requires each local educational 
agency to reserve at least 1 percent of its allocation under 
subpart 2 on parent and family engagement activities, unless 1 
percent of the allocation is equal to or less than $5,000. 
Local educational agencies may use these funds to carry out the 
strategies described in the parent and family engagement plan, 
such as creating a dedicated office or personnel for parent and 
family engagement, providing professional development related 
to parent and family engagement strategies, district-wide or 
school-based leadership training for parents and family 
members, adult education and family literacy activities, home 
visitation programs, or coordinating the LEA's parent and 
family engagement plan with local early learning, career and 
technical education and postsecondary education programs; and 
other evidence-based or promising strategies. Similar to 
current law, local educational agencies are required to 
distribute no less than 95 percent of funds to schools served 
under this part, with priority given to high-need schools. 
Funds used for evidence-based district-wide parent and family 
engagement initiatives that directly benefit parents and family 
members may be considered funds distributed to schools.
    Sec. 1118(d) [Family Member Engagement] requires each 
school served under this part to: (1) meet at least once per 
academic year, at a time convenient for parents and family 
members, to explain opportunities for engagement; (2) use 
multiple methods to engage parents and family members in school 
improvement; (3) provide parents and family members with 
description and explanation of the academic assessments used to 
measure student progress and opportunities to develop the 
skills to engage fully as partners in their child's education; 
(4) make the school welcoming to parents and family members; 
(5) provide professional development to school staff regarding 
effective parent and family engagement; (6) collaborate with 
community-based organizations, employers, or other entities to 
improve parent and family engagement; (7) coordinate and 
integrate parent and family engagement programs with other 
Federal, State and local programs; and (8) provide other 
support for parent and family engagement strategies as 
requested.
    Sec. 1118(e) [Shared Responsibilities for College and 
Career Readiness] requires each school served under this part 
to jointly develop with parents and family members a parent and 
family engagement compact. The compact must describe: (1) the 
school's parent and family engagement activities; (2) the 
school's responsibility to provide effective instruction in a 
supportive and safe learning environment, inform parents and 
family members of opportunities for engagement in governance 
councils and the development of school policies; (3) the parent 
and family member's responsibilities to be full partners in the 
education of their child; (4) the importance of ongoing 
communication through regular parent-teacher conferences, 
frequent progress reports and opportunities for involvement, 
and reasonable access to staff and observation of classroom and 
school-based activities; and (5) the process through which 
school personnel communicate with parents and families and 
encourage engagement in the rest of the community.
    Sec. 1119 [Qualifications for Teachers and 
Paraprofessionals]
    Sec. 1119(a) [Teacher Qualifications] establishes that 
except as provided in paragraph (2), each local educational 
agency receiving assistance under this part must ensure that 
all teachers teaching a core academic subject in a program 
supported with funds under this part are highly qualified. 
Paragraph (2) provides an exception for States that have fully 
implemented the teacher and principal evaluation requirements 
described in section 2301(b)(4) must only be required to comply 
with the requirements under paragraph (1) as they relate to new 
teachers. (3) A local educational agency that is unable to 
provide a highly qualified teacher to serve as an on-site 
classroom teacher for a core academic subject in a small, 
rural, or remote school may meet the requirements of this 
section by using distance learning to provide such instruction 
by a teacher who is a highly qualified teacher.
    Sec. 1119(b) [Qualifications for American Indian, Alaska 
Native, or Native Hawaiian Language, Culture, or History 
Teachers]
    Sec. 1119(b)(1) [Language or Culture] establishes that the 
requirements of subsection (a) shall not apply to a teacher of 
American Indian, Alaska Native, or Native Hawaiian language or 
culture, whether the teacher is teaching on a permanent, part-
time, or occasional basis. A State may require that a local 
tribe or tribal organization verify the competency of a public 
school teacher of American Indian, Alaska Native, or Native 
Hawaiian language or culture to teach such subject, to the 
chief administrative officer of the local educational agency or 
the chief State school officer.
    Sec. 1119(b)(2) [History] states that the requirements of 
subsection (a) shall not apply to a teacher who is a Native 
elder or other authority on American Indian, Alaska Native, or 
Native Hawaiian history and who provides instruction in such 
subject, whether on a part-time or occasional basis. A State 
may require that a local tribe or tribal organization verify 
the competency of the instructor of American Indian, Alaska 
Native, or Native Hawaiian history to teach such subject, to 
the chief administrative officer of the local educational 
agency or the chief State school officer.
    Sec. 1119(c) [New Paraprofessionals] is amended by 
technical amendments to update the subsection.
    Sec. 1119(d) [Exceptions for Translation and Parent 
Involvement activities] is struck from current law.
    Sec. 1119 (l) [Minimum Expenditures] is struck from current 
law.

Section 1120 amends section 1120 with a technical amendment.

Section 1121 amends section 1120A as follows:

    Sec. 1120A(a)--[Maintenance of Effort]
    Sec. 1120A(a) [Maintenance of Effort] includes a technical 
amendment.
    Sec. 1120A(c)--[Comparability] The language in current law 
is struck and replaced with the language described below.
    Sec. 1120A(c)(1)(A) [Comparability] stipulates that 
beginning for the 2015-16 school year, a local educational 
agency may receive funds under this part only if the local 
educational agency demonstrates to the State educational agency 
that the combined State and local per-pupil expenditures are 
not less than the average combined State and local per-pupil 
expenditures for those schools that are not served under this 
part.
    Sec. 1120A(c)(1)(B) [Alternative Comparability] provides 
that if the local educational agency is serving all of the 
schools under its jurisdiction under this part, the agency 
shall demonstrate to the State educational agency that the 
average combined State and local per-pupil expenditures for its 
high-poverty schools were not less than the average combined 
State and local per-pupil expenditures for its low-poverty 
schools.
    Sec. 1120A(c)(1)(C) [Basis] provides that a local 
educational agency may meet the requirements of subparagraphs 
(A) and (B) on a local educational agency-wide basis or a 
grade-span by grade-span basis.
    Sec. 1120A(c)(1)(D)(i-ii) [Exclusion of Funds] (i) requires 
that a local educational agency exclude any State or local 
funds expended in any school for excess costs of providing 
services to English learners, excess costs of providing 
services to children with disabilities, capital expenditures, 
and such other expenditures as the Secretary determines 
appropriate. (ii) In determining compliance under this 
subsection, a local educational agency need not include 
unpredictable changes in student enrollment or personnel 
assignments that occur after the beginning of a school year.
    Sec. 1120A(c)(2) [Documentation] requires that a local 
educational agency demonstrate that it is meeting the 
requirements of paragraph (1) by submitting to the State 
educational agency the per-pupil expenditures, personnel 
expenditures, non-personnel expenditures, and total 
expenditures for each school.
    Sec. 1120A(c)(3) [Inapplicability] provides that this 
subsection shall not apply to a local educational agency that 
does not have more than one building for each grade span.
    Section 1120A(c)(4) [Process and Procedures]
    Sec. 1120A(c)(4)(A) [Local Educational Agency 
Responsibilities] requires that each local educational agency 
assisted under this part report to the State educational agency 
by October 31, 2016 on its compliance with the requirements of 
this subsection for the preceding school year, including a 
listing, by school, of actual combined per-pupil State and 
local personnel and non-personnel expenditures.
    Sec. 1120A(c)(4)(B) [State Educational Agency 
Responsibilities] requires that each State educational agency 
assisted under this part ensure that such information is made 
publicly available by the State or the local educational 
agency, including the school-by-school listing described in 
subparagraph (A).
    Sec. 1120A(c)(4)(C) [Plan] requires that a local 
educational agency that does not meet the requirements of this 
subsection in any year develop and implement a plan to ensure 
compliance for the subsequent school year and may be required 
by the State educational agency to report on its progress in 
implementing such plan.
    Sec. 1120A(c)(5)(A-B) [Transition Provisions] For school 
years prior to 2015-16 a local educational agency may receive 
funds under this part only if the local educational agency 
demonstrates to the State educational agency that the local 
educational agency meets the requirements of this subsection. 
The Secretary is required to provide for the orderly transition 
between the requirements under this section, as in effect on 
the day before the date of enactment of the Elementary and 
Secondary Education Reauthorization Act, and the new 
requirements under this section.
    Sec. 1120A(c)(6) [Rule of Construction].--Nothing in this 
subsection shall be construed to require a local educational 
agency to transfer school personnel in order to comply with 
this subsection.
    Sec. 1120A(d) [Exclusion of Funds] 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.

Section 1122 amends section 1120B of ESEA as follows:

    Sec. 1120B [Coordination Requirements]
    Sec. 1120B(a) [In General] requires each local educational 
agency receiving funds under this part to carry out the 
activities described in subsection (b) with Head Start 
agencies, providers of services under part C of the IDEA, 
programs carried out under section 619 of IDEA and, if 
possible, other providers of early childhood education and care 
services.
    Sec. 1120B(b) [Activities] requires local educational 
agencies to: (1) develop and implement a procedure for 
transferal of records from the early childhood education and 
care program to the appropriate school for each participating 
child, with parental consent; (2) establish ongoing 
communication between the early childhood education and care 
program staff and their counterparts in the schools; (3) 
establish ongoing communication between the early childhood 
education and care program staff and the local educational 
agency; (4) organize joint training for early childhood 
education and care program staff and school staff; (5) 
establish comprehensive transition policies and procedures that 
promote school-readiness; (6) reach out to parents, families 
and elementary school teachers to discuss needs of the children 
entering school; (7) help parents of children who are English 
learners understand (A) the instructional and other services 
offered by the school in which the child will enroll after 
participating in a Head Start or other Federal early childhood 
care and education program, and, (B) as appropriate, the 
parental notification requirements described in section 3202; 
(8) help parents understand the services are offered by the 
school in which the child will enroll after participating in a 
Head Start or other Federal early childhood care and education 
program; and (9) develop and implement a system to increase 
program participation of underserved populations.

Section 1123 amends section 1121 of ESEA as follows:

    Section 1121 [Grants for the Outlying Areas and the 
Secretary of the Interior]
    Section 1121(a) [Reservation of Funds] is amended by 
technical amendments to update the subsection.
    Section 1121(b) [Assistance to Outlying Areas] is amended 
by technical amendments to update the subsection.
    Section 1121(c) [Definitions] strikes the current 
definitions of ``freely associated states'' and ``outlying 
area'' and replaces them with the definition of ``outlying 
area''.

Section 1124 amends section 1122 of ESEA with a technical amendment.

Section 1125 amends section 1125A of ESEA with technical amendments.

Section 1126 amends current law by adding the following sections in 
        part A of title I:

    Sec. 1131 [Grants for State Assessments and Related 
Activities]
    Sec. 1131(a) [Grants for State Assessments] establishes 
that the Secretary shall make grants to States (1) to enable 
States to pay the costs of developing, improving, or 
administering State assessments and standards and (2) in the 
case of States that have developed the assessments and 
standards, to enable each such State (A) to administer such 
assessments or (B) to carry out other activities described in 
this section.
    Sec. 1131(b) [Grants for Enhanced Assessment Systems] (1) 
states that the Secretary shall award, on a competitive basis, 
grants to State educational agencies to enable the State 
educational agencies to carry out the activities described in 
paragraph (3). (2) Each State educational agency desiring to 
receive a grant under this section shall submit an application 
to the Secretary. (3) Each State educational agency that 
receives a grant under this section shall use the grant funds 
to (A) enable States, or a consortia of States, to collaborate 
with institutions of higher education or other organizations or 
agencies to improve the quality, validity, and reliability of 
State academic assessments, (B) measure student academic 
achievement using multiple measures of student academic 
achievement from multiple sources, (C) chart student progress 
over time, or (D) evaluate student academic achievement through 
the development of comprehensive academic assessment 
instruments.
    Sec. 1131(c) [Allotment of Appropriated Funds] (1) 
establishes that for each fiscal year, the Secretary shall use 
the amount of funds made available for this section for such 
year or $400,000,000 of such funds, whichever is less, to (A) 
make reservations for the Bureau of Indian Affairs and (B) the 
outlying areas. (C) From the amounts remaining funds shall be 
allocated to each State using a formula.

Part B--Pathways to College

Section 1201 amends the below ESEA sections as follows:

    Sec. 1201 [Secondary School Reform]
    Sec. 1201(a) [Purposes] states that the purposes of this 
section are to ensure students graduate from secondary school 
on track to college- and career-readiness and to increase 
graduation rates by providing grants to eligible entities.
    Sec. 1201(b) [Definitions] defines the terms (1) 
``Competency-Based Learning Model'', (2) ``Effective Secondary 
School Reform Strategies'', (3) ``Eligibility Entity'', (4) 
``Eligible Secondary School'', (5) ``External Partner'', (6) 
``Feeder Middle School'', (7) ``Secretary'', and (8) 
``Struggling Student''.
    Sec. 1201(c) [Grants Authorized] allows the Secretary to 
reserve not more than 2.5 percent for national activities, 
which the Secretary must use for technical assistance, data 
collection and dissemination, reporting activities. The 
Secretary must award grants, on a competitive basis, to 
eligible entities, of which: (i) not more than 25 percent of 
grant funds must be used for activities related to the early 
warning indicator system; and (ii) not less than 75 percent of 
grant funds must be used for activities at feeder middle 
schools and eligible secondary schools. Grants are awarded for 
a period of 5 years, conditional after 3 years on satisfactory 
progress on the performance indicators. Each eligible entity 
must submit to the Secretary an annual report including data on 
the entity's progress on the performance indicators.
    Sec. 1201(d) [Application] requires an eligible entity to 
submit an application to the Secretary. Each application must 
include a description of: (A) how the eligible entity will 
develop and implement the early warning indicator system; (B) 
the external partner's capacity and record of success in 
secondary school reform and how the eligible entity will 
sustain the activities proposed; (C) how the eligible entity 
conducted a comprehensive needs analysis and capacity 
assessment to identify secondary schools proposed to be served 
by the grant; (D) the strategies chosen to be implemented at 
the eligible secondary schools; and (E) the performance 
indicators and targets the eligible entity will use to assess 
the effectiveness of the activities implemented.
    Sec. 1201(e) [Required Use of Funds]
    Sec. 1201(e)(1) [In General] requires that an eligible 
entity use the grant funds to: (A) implement an early warning 
indicator system; (B) provide support and credit recovery 
opportunities for struggling students; (C) provide dropout 
recovery or re-entry programs to secondary schools; (D) provide 
evidence-based grade and school transition programs and 
supports; and (E) provide school leaders, instructional staff, 
non-instructional staff, students, and families with high-
quality, easily accessible information about graduation and 
postsecondary opportunities.
    Sec. 1201(e)(2) [Required Use of Funds in Feeder Middle 
Schools] requires that an eligible entity use the grant funds 
in feeder middle schools to improve the academic achievement of 
their students and prepare them to graduate on track to 
college- and career-readiness by: (A) using early warning 
indicator and intervention systems; (B) creating a personalized 
learning environment; (C) providing high-quality professional 
development opportunities to school leaders, teachers, and 
other school staff to prepare staff; and (D) implementing 
organizational practices and school schedules that allow for 
collaborative staff participation, team teaching, and common 
instructional planning time.
    Sec. 1201(e)(3) [Required Use of Funds in Eligible 
Secondary Schools] requires that an eligible entity use the 
grant funds in eligible secondary schools to implement a 
comprehensive approach that will: (A) personalize the school 
experience; (B) increase student engagement by providing 
service-learning, experiential, and work-based and other 
learning opportunities; (C) implement high-quality professional 
development for teachers and school leaders; (D) improve 
curriculum and instruction; and (E) implement (i) Graduation 
Promise Academies, (ii) Career Academies, or (iii) Early 
College Schools.
    Sec. 1201(f) [Allowable Uses of Funds] allows an eligible 
entity to use the funds to: (1) improve parent and family 
engagement in the educational attainment and achievement of 
struggling students and dropouts; (2) provide extended 
learning; (3) increase student supports; and (4) create smaller 
learning communities.
    Sec. 1201(g) [Matching Funds] requires an eligible entity 
to provide matching funds, from non-Federal sources, in an 
amount equal to not less than 20 percent of the amount of grant 
funds awarded in the first 3 years of the grant, not less than 
50 percent in the fourth year, and not less than 75 percent in 
the fifth year, as applicable. The Secretary can waive all or 
part of the matching requirement described in paragraph (1) on 
a case-by-case basis.
    Sec. 1201(h) [Supplement, Not Supplant] states that an 
eligible entity must use Federal funds received under this 
section only to supplement the funds that would, in the absence 
of such Federal funds, be made available from other Federal and 
non-Federal sources for these activities, and not to supplant 
such funds.

Section 1202 amends the below ESEA sections as follows:

    Sec. 1221 [Purposes] states that the purposes of this part 
are to increase the number of teachers prepared to teach 
Advanced Placement or International Baccalaureate courses, 
increase the number of students attending high-need schools who 
enroll and succeed in Advanced Placement or International 
Baccalaureate courses and take Advanced Placement or 
International Baccalaureate examinations, and to provide high-
quality professional development for teachers of Advanced 
Placement or International Baccalaureate courses, and pre-
Advanced Placement or pre-International Baccalaureate courses, 
in high-need schools.
    Sec. 1222 [Funding Distribution Rule] requires the 
Secretary to give priority to funding activities under section 
1223, the Advanced Placement and International Baccalaureate 
Examination Fee Program and distribute any remaining funds 
under section 1224, the Advanced Placement and International 
Baccalaureate Incentive Program.
    Sec. 1223 [Advanced Placement and International 
Baccalaureate Examination Fee Program]
    Sec. 1223(a) [Grants Authorized] requires the Secretary to 
make grants to State educational agencies to cover part or all 
of the costs of Advanced Placement or International 
Baccalaureate examination fees for low-income students.
    Sec. 1223(b) [Award Basis] requires that when determining 
the amount of the grant awarded to a State educational agency, 
the Secretary 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 States.
    Sec. 1223(c) [Information Dissemination] requires that 
State educational agency awarded a grant under this section to 
make publicly available information regarding the availability 
of Advanced Placement or International Baccalaureate 
examination fee payments under this section, and must 
disseminate such information to eligible secondary school 
students and parents.
    Sec. 1223(d) [Applications] requires a State educational 
agency to submit an application to the Secretary that: (1) 
describe the Advanced Placement or International Baccalaureate 
examination fees the State educational agency will pay on 
behalf of low-income students in the State from grant funds; 
(2) provide an assurance that any grant funds awarded under 
this section must be used only to pay for Advanced Placement or 
International Baccalaureate examination fees; and (3) contain 
such information as the Secretary may require.
    Sec. 1223(e) [Regulations] requires the Secretary to 
prescribe such regulations as are necessary to carry out this 
section.
    Sec. 1223(f) [Report] requires that each State educational 
agency awarded a grant under this section must annually report 
to the Secretary the following data, by course subject, for the 
preceding year: (A) the number of students who are taking 
Advanced Placement or International Baccalaureate courses; (B) 
the number of Advanced Placement or International Baccalaureate 
examinations taken by students in the State; (C) the number of 
students scoring at different levels on Advanced Placement or 
International Baccalaureate courses; and (D) demographic 
information. It requires the Secretary to annually compile and 
report the information received from each State educational 
agency under paragraph (1) to the authorizing committees.
    Sec. 1223(g) [BIA as SIA] states that for purposes of this 
section, the Bureau of Indian Affairs must be treated as a 
State educational agency.
    Sec. 1224 [Advanced Placement Incentive Program Grants]
    Sec. 1224(a) [Grants Authorized] requires the Secretary to 
award grants to eligible entities for a period of not more than 
3 years and permits the Secretary to renew a grant awarded 
under this section for an additional period of not more than 2 
years, if an eligible entity meets certain requirements.
    Sec. 1224(b) [Definition of Eligible Entity] defines the 
term ``eligible entity''.
    Sec. 1224(c)(1) [Application] requires each eligible entity 
to submit an application to the Secretary that includes a 
description of: (A) the goals and objectives for the project 
supported by the grant under this section; (B) how the eligible 
entity will ensure that students have access to courses that 
will prepare students to succeed in Advanced Placement or 
International Baccalaureate courses; (C) how the eligible 
entity will provide professional development for teachers that 
will further the goals and objectives of the grant project; (D) 
how the eligible entity will ensure that teachers serving high-
need schools are qualified to teach Advanced Placement or 
International Baccalaureate courses; (E) how the eligible 
entity will provide for the involvement of business and 
community organizations and other entities in carrying out 
funded activities; (F) how the eligible entity will use funds 
received under this section; and (G) how the eligible entity 
will evaluate the outcome of the grant project.
    Sec. 1224(d) [Priority] requires the Secretary to give 
priority to applications from eligible entities that: (1) are 
part of a statewide or district-wide strategy for increasing 
the availability of Advanced Placement or International 
Baccalaureate courses, and pre-Advanced Placement or pre-
International Baccalaureate courses, in high-need schools; (2) 
demonstrate a focus on increasing the availability of Advanced 
Placement or International Baccalaureate courses in core 
academic subjects; and (3) propose to carry out activities that 
target high-need schools.
    Sec. 1224(e) [Authorized Activities] requires each eligible 
entity that receives a grant to use it to increase (A) the 
number of teachers serving high-need schools who are qualified 
to teach Advanced Placement or International Baccalaureate 
courses and (B) the number of students attending high-need 
schools who succeed in the examinations for such courses. An 
eligible entity that receives a grant may also use grant funds 
for: (A) high-quality teacher professional development; (B) 
pre-Advanced Placement or pre-International Baccalaureate 
teacher and counselor high-quality professional development in 
secondary schools; (C) coordination and articulation between 
grade levels to prepare students to succeed in Advanced 
Placement or International Baccalaureate courses; (D) purchase 
of instructional materials for Advanced Placement or 
International Baccalaureate courses; (E) activities to increase 
the availability of, and participation in, online Advanced 
Placement or International Baccalaureate courses; (F) carrying 
out the requirements of subsection (g); and (G) in the case of 
an eligible entity described in subsection (b)(1), awarding 
subgrants to high-need local educational agencies to enable the 
high-need local educational agencies to carry out authorized 
activities described in subparagraphs (A) through (F).
    Sec. 1224(f) [Contracts] allows an eligible entity awarded 
a grant to provide online Advanced Placement or International 
Baccalaureate courses to enter into a contract with an 
organization to provide the online Advanced Placement or 
International Baccalaureate courses.
    Sec. 1224(g) [Collecting and Reporting Requirements] 
requires each eligible entity receiving a grant to collect and 
report to the Secretary annually: (A) the number of students 
served by the eligible entity; (B) the number of students 
taking Advanced Placement or International Baccalaureate 
examinations and the distribution of scores on those 
examinations; (C) the number of teachers who are receiving 
training to teach Advanced Placement or International 
Baccalaureate courses; (D) the number of teachers becoming 
qualified to teach Advanced Placement or International 
Baccalaureate courses; and (E) the number of qualified teachers 
who are teaching Advanced Placement or International 
Baccalaureate courses in high-need schools. Such data must be 
disaggregated by subject area, disaggregated by student 
subgroup, and in a manner that allows for an assessment of the 
effectiveness of the grant program.
    Sec. 1224(h) [Evaluation] requires that the Secretary 
evaluate the implementation and impact of the activities 
supported under this section and disseminate research on best 
practices.
    Sec. 1224(i) [Matching Requirement] requires each eligible 
entity to provide toward the cost of the activities assisted 
under the grant an amount equal to 100 percent of the amount of 
the grant, with exceptions allowed.
    Sec. 1225 [Supplement, Not Supplant] stipulates that grant 
funds provided under this part must supplement, and not 
supplant, other non-Federal funds that are available to assist 
low-income students to pay for the cost of Advanced Placement 
or International Baccalaureate examination fees or to expand 
access to Advanced Placement or International Baccalaureate 
courses, and pre-Advanced Placement or pre-International 
Baccalaureate courses.
    Sec. 1226 [Definitions] defines ``high-need school'' and 
``low-income student''.

Section 1203 amends the act by striking subparts 3 and 4.

Part C--Education of Migratory Children

Section 1301 amends section 1301 of ESEA by inserting a new program 
        purpose as follows:

    Sec. 1301 [Program Purpose] establishes that the purpose of 
the program is to assist States in providing high-quality and 
comprehensive educational programs during the regular school 
year and summer or intersession periods, that address the 
unique educational needs of migratory children: (1) succeed in 
school; (2) meet the same State college- and career-ready 
academic content and student academic achievement standards 
that all children are expected to meet; (3) graduate high 
school ready for higher education and careers; and (4) overcome 
factors that inhibit the ability of such children to succeed in 
school.

Sec. 1302 amends section 1302 with technical amendments.

Sec. 1303 amends section 1303 as follows:

    Sec. 1303(a) [State Allocations] changes the allocation 
formula to provide that the amount awarded to each State (other 
than Puerto Rico) for each fiscal year must be an amount equal 
to the product of: (1) the sum of the average number of 
identified eligible migratory children aged 3 through 21, 
residing in the State, based on data for the preceding 3 years 
and the number of identified eligible migratory children, age 3 
through 21, who received services under this part in summer or 
intersession programs provided by the State during the previous 
year; and (2) 40 percent of the average per-pupil expenditure 
in the State (but not be less than 32 percent, or more than 48 
percent) of the average per-pupil expenditure in the United 
States.
    Sec. 1303(b) [Hold Harmless] states that for fiscal years 
2011 through 2013 that States will be held harmless from 
changes to the allocation formula at a rate of 90 percent 
reduce of their allocation for the previous year.
    Sec. 1303(c) [Allocation to Puerto Rico] provides that 
Puerto Rico's allocation is the amount determined by 
multiplying the number of children who would be counted under 
subsection (g) by the product of 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 (but not less than 85 percent); and 32 percent of 
the average per-pupil expenditure in the United States.
    Sec. 1303(d) [Ratable Reductions; Reallocations] describes 
actions the Secretary may take if the amount allocated for any 
fiscal year is insufficient to pay in full. It requires the 
Secretary to: (A) develop and implement a procedure for 
monitoring the accuracy of the information on the number and 
needs of migratory children used to institute further 
reductions in allocations; and (B) issue criteria for a system 
of State quality control for the accuracy of State counts of 
eligible migratory children. It prohibits the Secretary from 
reducing the amount of a State allocation on the basis of 
unintentional errors in such counts for States implementing a 
system of State quality control, if the discrepancy between the 
initial State count and any subsequent revisions is minimal.
    Sec. 1303(f) [Determining Numbers of Eligible Children] 
adds additional requirements around determining the number of 
eligible children. Provides that the Secretary must: (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, if 
such a procedure does not create barriers to the families of 
migratory children who are eligible for services; and (3) 
update and implement the procedure, to more accurately reflect 
the cost factors for different types of summer and intersession 
program designs.
    Sec. 1303(g) [Nonparticipating States] provides a mechanism 
for determining the allocation for a State that did not receive 
an allocation for the previous fiscal year or that has been 
participating for less than 3 consecutive years. In that case, 
the Secretary must calculate the State's number of identified 
migratory children aged 3 through 21 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.

Section 1304 amends section 1304 as follows:

    Sec. 1304(b) [Program Information] creates additional 
application requirements, including: (1) a description of the 
steps the State is taking to provide all migratory children 
with the opportunity to meet the same State college- and 
career-ready academic content and student academic achievement 
standards that all children are expected to meet; (2) a 
description of how the State will meet the requirements for the 
timely electronic transfer of student records and how the State 
will use such records transfer; and (4) such budgetary and 
other information as the Secretary may require.
    Sec. 1304(c) [Assurances] creates additional assurances to 
be included in each application, including that: (1) in the 
planning and operation of programs and projects at both the 
State and local agency operating levels, there is consultation 
with parent advisory councils for programs of at least 1 school 
year, and that all such programs and projects are conducted in 
a manner that provides a certain level of parental involvement 
and are developed in a format and language understandable to 
the parents; (2) there has been, and will be, adequate 
provision for addressing the unmet education needs of migratory 
children who are not attending school; and (3) the State has 
procedures in place to verify the accuracy and completeness of 
any data regarding the counting of migratory children that is 
submitted to the Secretary.
    Sec. 1304(d) [Priority for Services] requires that in 
providing services with funds received under this part, each 
recipient of such funds must give priority to migratory 
children who have made a move within the previous 1-year period 
and who: (1) are failing, or most at risk of failing, to meet 
the State college- and career-ready academic content standards 
and student academic achievement standards adopted under 
section 1111(a)(1); and (2) have dropped out of school, 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.
    Sec. 1304(e) [Continuation of Services] states that 
notwithstanding any other provision of this part: (1) a child 
who ceases to be a migratory child during a school term must 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) 
students who were eligible for services in secondary school may 
continue to be served through credit accrual programs until 
graduation.

Section 1305 amends section 1305 as follows:

    Sec. 1305 [Secretarial Approval; Peer Review] requires the 
Secretary to approve each State application that meets the 
requirements of this part and, to the extent practicable, 
review any such application with assistance and advice of State 
officials and other individuals with relevant expertise.

Section 1306 amends section 1306 as follows:

    Sec. 1306 [Comprehensive Needs Assessment and Service-
Delivery Plan; Authorized Activities] states that each State 
plan must address the unique needs of migratory children and 
that each State that receives assistance must ensure that the 
State and its local operation agencies identify and address the 
unique educational needs of migratory children consistent with 
the purposes of this part, in accordance with a comprehensive 
State plan that: (A) is integrated with other programs under 
this act or other acts, as appropriate; (B) addresses the 
unique educational needs of migratory children; (C) is 
developed in collaboration with parents of migratory children; 
(D) is not used to supplant State efforts regarding, or 
administrative funding for, this part; (E) provides that 
migratory children will have an opportunity to meet the same 
State college- and career-ready academic content and student 
academic achievement standards adopted under section 1111(a)(1) 
that all children are expected to meet; (F) specifies 
measurable program goals and outcomes; (G) encompasses the full 
range of series that are available for migratory children from 
appropriate local, State, and Federal education programs; (H) 
is the product of joint planning among such local, State and 
Federal programs, including programs under part A, early care 
and education programs, and language instruction educational 
programs under part A or B of title III; and (I) provides for 
the integration of services available under this part with 
services provided by such other programs.

Section 1307 amends section 1307 as follows:

    Sec. 1307 [Bypass] specifies that the Secretary can use all 
or part of any State's allocation to award grants to, or enter 
into contracts with, any public or private nonprofit agency 
under certain circumstances.

Section 1308 amends section 1308 as follows:

    Sec. 1308 [National Activities]
    Sec. 1308(a) [Improvement Coordination] gives the Secretary 
additional authority to improve coordination of migrant 
education activities by allowing the Secretary, in consultation 
with the States, to 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 coordination between State educational 
agencies, local operating agencies, and their counterparts in 
other nations in educating migratory children who move between 
the United States and such nations.
    Sec. 1308(b) [Student Records] describes how the Secretary 
will assist States with the transfer of migratory student 
records. It requires the Secretary to assist each State in 
maintaining an effective system for the electronic transfer of 
student records and, in consultation with the States, continue 
to ensure the linkage of migratory child record systems. The 
Secretary must maintain on-going consultation with the States, 
local educational agencies, and other migratory student service 
providers on the effectiveness of the system of electronic 
records transfer. The Secretary must report findings and 
recommendations regarding the maintenance of these records to 
Congress.
    Sec. 1308(c) [Technical Assistance] states that the 
Secretary may provide technical assistance designed to support 
State efforts to meet the needs of migratory children.
    Section 1308(d) [Incentive Grants] makes technical 
corrections.
    Sec. 1308(e) [Improvements and Coordination] provides that 
from any funds remaining after the issuance of technical 
assistance and Incentive Grants, 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' and entities' programs 
available to migratory students.

Section 1309 amends part C of title I by redesignating section 1309 as 
        section 1312 and by inserting a new section 1309, 1310 and 1311 
        as follows:

    Sec. 1309 [Performance Data] requires that each State that 
receives a grant under this part must annually submit to the 
Secretary, and make public, data on: (1) the academic 
achievement of migratory students, as measured by State 
assessments; (2) such students' high school graduation rates 
and rates of enrollment and persistence in, and completion of a 
program of study at, institutions of higher education; and (3) 
the results of such other performance measures and targets as 
the Secretary may prescribe.
    Sec. 1310 [Evaluation and Study] requires the Secretary to 
conduct a pilot study, funded as a part of the 2012 National 
Assessment of Educational Progress, on the feasibility of using 
the National Assessment of Educational Progress for assessing 
and reporting on the academic achievement of migratory children 
in grades 4 and 8 in reading and mathematics.
    Sec. 1311 [State Assistance in Determining Number of 
Migratory Children] requires that each State must assist the 
Secretary in determining the number of migratory children in 
such State through such procedures as the Secretary may 
require, except that the Secretary must not require additional 
information that is not directly related to determining the 
migratory status of the child or the administration of this 
part.

Section 1310 [Definitions] amends section 1312, as redesignated by 
        section 1309, as follows:

    Sec. 1312 [Definitions] defines the following terms: (1) 
``Food Processor'', (2) ``Initial Commercial Sale'', (4) 
``Migratory Agricultural Worker'', (5) ``Migratory Child'', (6) 
``Migratory Fisher'', and (7) ``Qualifying Move''.

Part D--Prevention and Intervention Programs for Children and Youth who 
        are Neglected, Delinquent, or At-Risk

Sections 1401-1415 amend the below ESEA sections as follows:

    Sec. 1401 [Purpose and Program Authorization] is amended to 
state that (1) neglected or delinquent children and youth have 
the opportunity to meet the same college- and career-ready 
academic content standards and student academic achievement 
standards under section 1111(a)(1) that all children in the 
State are expected to meet.
    Sec. 1412 [Allocation of Funds]
    Sec. 1412(a) [Subgrants to State Agencies] sets out the 
formula for subgrants to State agencies described in section 
1411 (other than an agency in the Commonwealth of Puerto Rico).
    Sec. 1412(b) [Subgrants to State Agencies in Puerto Rico] 
is updated with a technical amendment.
    Sec. 1414 [State Plan and State Agency Application]
    Sec. 1414(a) [State Plan] requires each State educational 
agency that desires to receive a grant to submit, for approval 
by the Secretary, a plan that (D) provide assurances that the 
State educational agency has established procedures to ensure 
that each student who has been placed in the juvenile justice 
system is promptly re-enrolled in secondary school or placed in 
a re-entry program that best meets the educational and social 
needs of the student, procedures for facilitating the transfer 
of credits that such students earned during placement, and 
opportunities for such students to participate in higher 
education or career pathways.
    Sec. 1414(c) [State Agency Applications] is updated with 
technical amendments.
    Sec. 1415 [Use of Funds]
    Sec. 1415(a) [Uses] is updated with technical amendments 
and amended to allow a State agency to use funds received under 
this subpart to (E) include the costs of testing for such 
children and youth for a recognized equivalent of a secondary 
school diploma.
    Sec. 1416 [Institution-Wide Projects] is updated with 
technical amendments and amended to allow for the development 
and implementation of transition plans.
    Sec. 1418 [Transition Services] is updated with technical 
amendments.
    Sec. 1419 [Evaluation; Technical Assistance; Annual Model 
Program] requires that, from the amount reserved for evaluation 
activities in accordance with section 9601(a), the Secretary, 
acting through the Director of the Institute for Education 
Sciences, must evaluate the implementation and impact of the 
activities supported under this part.
    Sec. 1421 [Purpose] is updated with a technical amendment 
to update the section.
    Sec. 1422 [Programs Operated By Local Educational Agencies]
    Sec. 1422(d) [Transitional and Academic Services] requires 
that transitional and supportive programs operated in a local 
educational agency under this subpart be designed primarily to 
meet the transitional needs (including the social and emotional 
needs) and academic needs of students returning to local 
educational agencies or alternative education programs from 
correctional facilities.
    Sec. 1423 [Local Educational Agency Applications] is 
updated with technical amendments.
    Sec. 1424 [Uses of Funds] is updated with technical 
amendments.
    Sec. 1425 [Program Requirements for Correctional Facilities 
Receiving Funds Under This Section] sets requirements for 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. New or amended 
requirements include: (1) coordinating 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 career and technical education funds; (2) 
developing an initial educational services and transition plan 
for each child or youth served under this subpart upon entry 
into the correctional facility, in partnership with the child 
or youth's family members and the local educational agency that 
most recently provided services to the child or youth (if 
applicable), consistent with section 1414(a)(1); and (3) 
consulting 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. 1426 [Accountability] describes the State educational 
agency's responsibilities, including requiring correctional 
facilities or institutions for delinquent children and youth to 
annually report on the number of children and youth released 
from the correctional facility or institution who returned or 
did not return to school, the number of children and youth 
obtaining a secondary school diploma or its recognized 
equivalent, and the number of children and youth obtaining 
employment; and the option to require correctional facilities 
or institutions for 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.
    Sec. 1431 [Program Evaluations] sets program evaluation 
requirements. Each State agency or local educational agency 
that conducts a program under subpart 1 or 2 is required to 
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.
    Sec. 1432 [Definitions] amends the definition of ``At-
Risk.''

Part E--Educational Stability of Children in Foster Care

Section 1501 amends part E of title I as follows:

    Section 1501(a) [Obligations To Collaborate With Child 
Welfare Agencies] requires each State educational agency 
receiving assistance under part A to collaborate with the State 
agency responsible for administering the State plans under 
parts B and E of title IV of the Social Security Act to develop 
and implement a plan to ensure that, for each child in the 
State, in foster care, changing foster care placements, or 
leaving foster care, that the following occurs: (A) the child 
enrolls or remains in the child's school of origin; (B) the 
child is immediately enrolled in school; and (C) records are 
immediately transferred. Each State educational agency shall 
ensure that the plan is implemented by local educational 
agencies in the State.
    Section 1501(b) [Credit Transfer and Diplomas] requires 
each State that receives assistance under part A to have 
policies for ensuring that a child in foster care can (1) 
transfer school credits, receive partial credits for 
satisfactorily completed coursework, (2) recover school credits 
lost due to placement instability, and (3) receive a secondary 
school diploma from a current or former school.
    1501(c) [Transportation] provides that not later than 1 
year after the date of enactment of the Elementary and 
Secondary Education Reauthorization Act of 2011, the State 
educational agency must enter into an agreement with the State 
agency responsible for administering the State plans under the 
Social Security Act to ensure that children in foster care 
receive transportation to and from those schools. The agreement 
must include a description of how foster care maintenance 
payments will be used to help fund the cost of transportation 
and how children who leave foster care is eligible to receive 
transportation to remain in their school of origin for the 
remainder of the academic year.
    1501(d) [Points of Contact] requires a State that receives 
assistance under part A to ensure that each local educational 
agency in the State designates an individual employed by the 
agency to serve as a point of contact for the child welfare 
agencies responsible for children in foster care enrolled in 
the local educational agency and to oversee the implementation 
of this section. State educational agencies receiving 
assistance under part A must designate an individual to serve 
as a point of contact for child welfare agencies and to oversee 
the implementation of this section. Neither the local 
educational agency's nor the State educational agency's point 
of contact can be the individual designated as the local 
educational agency liaison or the State Coordinator for 
Education of Homeless Children and Youth under the McKinney-
Vento Homeless Assistance Act, unless the individual has the 
capacity, resources, and time to perform both roles.
    Section 1502 [Definitions] defines the terms ``child in 
foster care'', ``school attendance area'', and ``school of 
origin''.
    Section 1501(b) [Guidance] requires the Secretary of 
Education, in collaboration with the Secretary of Health and 
Human Services, to issue guidance, not later than 90 days after 
the date of enactment of this act, on the implementation of 
Part E of Title I of the Elementary and Secondary Education Act 
of 1965.

         Title II: Supporting Excellent Teachers and Principals


Section 2101 amends the below ESEA sections as follows:

    Sec. 2101(a) [Technical Amendments] makes a number of 
technical amendments to update the title.
    Sec. 2101(b) Troops-to-Teachers
    Sec. 2101(b)(1)(A) [Transfer of Functions] transfers the 
operation and administration of the Troops-to-Teachers program 
from the Department of Education to the Department of Defense.
    Sec. 2101(b)(1)(B) [Effective Date] states that the 
transfer will take place the first day of the first month, 180 
days after the enactment of this act.
    Sec. 2101(b)(2) [Enactment and Modification of the Troops-
to-Teachers program in Title 10 of the U.S. Code]
    Sec. 2101(b)(2)(A) [In General]
          (a) [Definitions] defines the terms ``charter 
        school'', ``program'', ``elementary school'', ``highly 
        qualified teacher'', ``local educational agency'', 
        ``secondary school'', and ``State''.
          (b) [Program Authorization] authorizes the Secretary 
        of Defense to carry out the Troops-to-Teachers program 
        to assist eligible members of the Armed Forces to 
        obtain teaching certificates and licenses and to 
        facilitate their employment by local educational 
        agencies or public charter schools receiving title I 
        funding or experiencing a shortage of highly qualified 
        teachers, or in elementary or secondary schools, or as 
        vocational or technical teachers.
          (c) [Eligibility and Application Process] defines the 
        eligible members of the Armed Forces, and describes the 
        application process for applying to the program, the 
        selection criteria and education background for 
        applicants, selection priorities for the program, and 
        other conditions of selection.
          (d) [Participation Agreement and Financial 
        Assistance] explains that members of the Armed Forces 
        accepted into the program agree to obtain a teaching 
        certificate or licenses within the time period 
        determined by the Secretary and will accept an offer of 
        full-time employment for not less than 3 years with a 
        local educational agency or public charter school 
        receiving grants under part A of title I of this act. 
        This paragraph also outlines the conditions under which 
        a member of the Armed Forces is not considered to be in 
        violation of the participation agreement, including 
        full-time student status, disability status, service on 
        active duty and other conditions as defined by the 
        Secretary. Participants may be paid up to $5,000 
        stipends while in the program up to a total of 5,000 
        participants, or may be paid up to $10,000 to a program 
        participant who agrees to become a highly-qualified 
        teacher and to accept full-time employment as an 
        elementary school teacher, secondary school teacher, or 
        vocational or technical teacher for not less than 3 
        school years in a high-need school as long as no more 
        than 3,000 bonuses are paid in any fiscal year.
          (e) [Reimbursement Under Certain Circumstances] 
        states that a participant paid a stipend or bonus must 
        repay the stipend or bonus if he/she fails to obtain 
        teacher certification or licensure, leaves the program 
        voluntarily or is terminated for cause, or the 
        participant agreed to serve as a member of the reserves 
        component of the Armed Forces for a period of 3 years 
        and fails to complete the required term. The amount of 
        reimbursement is required to be proportional to the 
        amount of time the participant spent in the program.
          (f) [Relationship to Educational Assistance Under 
        Montgomery GI Bill] states that the receipt of a 
        stipend or bonus under the Troops-to-Teacher program 
        does not reduce or affect the entitlement of a 
        participant to any benefits they are entitled to.
          (g) [Participation by States] directs that 
        requirements of States to conduct activities under the 
        Troops-to-Teachers program can be carried out by 
        consortia of States. The Secretary of Defense may make 
        grants available to States or consortia of States to 
        operation offices for the purposes of recruiting 
        eligible members of the Armed Forces for the program 
        and facilitating employment of participants of the 
        program. The total amount of grants made in any fiscal 
        year may not exceed $5,000,000.

Part A--Continuous Improvement and Support for Teachers and Principals

    Sec. 2101 [Purpose] explains that the purpose of this part 
is to provide grants to State educational agencies and 
subgrants to local educational agencies to enable them to 
improve academic achievement for all students, including those 
with disabilities and language learners, by providing 
professional development to improve instruction and student 
achievement and by increasing the number and improving the 
equitable distribution of high-quality teachers and principals.
    Sec. 2102 [Definitions] defines the terms ``induction 
program'', ``mentoring'', and ``State''.
    Sec. 2111 [Allotments to States]
    Sec. 2111(a) [In General] directs that the Secretary will 
allot grants to States whose applications have been approved 
under section 2112. These grants will be used for purposes 
outlined in section 2113. Each grant consists of allotments 
determined for a State under subsection (b).
    Sec. 2111(b) [Determination of Allotments] states that from 
the total amount appropriated to carry out this subpart for a 
fiscal year, the Secretary shall reserve:
    Sec. 2111(b)(1)(A-B) [Reservation of Funds] directs the 
Secretary to reserve (A) one-half of 1 percent for allotments 
for the U.S. Virgin Islands, Guam, American Samoa, and the 
Commonwealth of the Northern Mariana Islands, (B) as well as 
one-half of 1 percent for the Secretary of the Interior for 
programs under this part in schools operated or funded by the 
Bureau of Indian Education.
    Sec. 2111(b)(2)(A) [State Allotments] states that the 
Secretary will allot to each State the sum of (i) an amount 
that bears the same relationship to 35 percent of the remaining 
amount as the number of individuals ages 5 through 17 in the 
State, as determined by the Secretary on the basis of the most 
recent satisfactory data, bears to the number of those 
individuals in all such States, as so determined; and (ii) an 
amount that bears the same relationship to 65 percent of the 
remaining amount as the number of individuals, ages 5 through 
17 from families with incomes below the poverty line, in the 
State, as determined by the Secretary on the basis of the most 
recent satisfactory data, bears to the number of those 
individuals in all such States, as so determined.
    Sec. 2111(b)(2)(B) [Exception] states that no State 
receiving an allotment under subparagraph (A) may receive less 
than one-half of 1 percent of the total amount allotted under 
such subparagraph.
    Sec. 2111(b)(3) [Reallotment] explains that if any State 
does not receive an allotment for any fiscal year under this 
subsection, the Secretary shall re-allot such funds to the 
remaining States.
    Sec. 2112 [State Applications]
    Section 2112(a) [In General] states that the State 
educational agency must submit an application to the Secretary 
that meets all the requirements the Secretary sets forth.
    Section 2112(b)(1-9) [Contents] directs that each 
application submitted shall be subject to peer review and 
include: (1) a description of how the State educational agency 
will ensure that each local educational agency receiving a 
subgrant will comply with the requirements; (2) a description 
of how the State will use funds reserved under the State 
reservation; (3) a description of how the activities to be 
carried out by the State educational agency will be based on a 
review of scientifically valid research and an explanation of 
why the activities are expected to improve student achievement; 
(4) a description of how activities are aligned with State 
content and achievement standards and State assessments, which 
may include State early learning content and achievement 
standards and assessments; (5) a description of how the State 
educational agency will provide data on each teacher's student 
achievement and, if applicable, student growth, for the 
required State assessments to teachers and local educational 
agencies in a timely and useful manner; (6) if the State 
intends to use grant funds to develop or improve a teacher and 
principal evaluation system, (A) a description of such system, 
and (B) an assurance that such system will be consistent with 
requirements in the Teacher Incentive Fund program; (7) a 
description of how the State educational agency will hold local 
educational agencies accountable for meeting the highly-
qualified teacher requirements; (8) an assurance that the State 
educational agency will comply with requirements regarding the 
participation of children in private schools; and (9) a 
description of the activities funded under this subpart, 
including how such activities will be coordinated with the 
State agency responsible for early childhood education and care 
programs and the State Advisory Council on Early Childhood 
Education and Care established under section 642B of the Head 
Start act, that are designed to improve and strengthen the 
knowledge and skills of teachers and principals responsible for 
educating children in preschool, where applicable, through 
grade 3.
    Sec. 2112(c) [Deemed Approval] states that an application 
submitted by a State educational agency that has been peer 
reviewed shall be deemed to be considered approved by the 
Secretary unless the Secretary makes a written determination 
within 120 days that the application is not in compliance with 
this subpart.
    Sec. 2112(d) [Disapproval] directs that the Secretary 
cannot disapprove the application except after giving the State 
educational agency notice and an opportunity for a hearing.
    Sec. 2112(e) [Notification] states that, if the Secretary 
finds an application not in compliance, the Secretary is 
required to: (1) give the State educational agency notice and 
an opportunity for a hearing and (2) notify the State 
educational agency of the finding with a citation of the 
specific provisions not in compliance.
    Sec. 2112(f) [Response] states that, if the State 
educational agency responds to the Secretary's notification 
during the 45-day period beginning on the date of notification 
and resubmits the application with the requested information, 
the Secretary is required to approve or disapprove the 
application prior to the later of (1) the expiration of the 45-
day period beginning on the date on which the application is 
resubmitted or (2) the expiration of the 120-day period 
described in subsection (c).
    Sec. 2112(g) [Failure to Respond] states that, if the State 
educational agency does not respond to the Secretary's 
notification during the 45-day period beginning on the date of 
notification, such application is deemed disapproved.
    Sec. 2113 [State use of Funds]
    Sec. 2113(a)(1) [In General] directs that States that 
receive funds must reserve 95 percent of the grant funds to 
make subgrants to local educational agencies.
    Sec. 2113(a)(2)(A-E) directs that States must also use no 
less than 2 percent but no more than 5 percent of the funds to 
improve the performance and distribution of high-quality 
principals and other school leaders through: (A) developing, 
reviewing, and periodically revising State policies related to 
principals; (B) developing, with appropriate stakeholders, and 
carrying out a State plan to provide well-prepared principals; 
(C) activities designed to recruit, prepare, place, assist 
support and retain highly rated principals in high-need schools 
and low-performing schools; (D) providing training and support 
to principals and school leadership teams in high-needs schools 
and low-performing schools on improving instruction and closing 
achievement gaps; and (E) providing compensation or incentive 
to attract, retain and reward highly rated principals and other 
school leaders for high-need schools and low-performing 
schools.
    Sec. 2113(a)(3)(A-E) Any remaining funds may be used to (A) 
plan and administer State activities; (B) assist local 
education agencies in recruiting, preparing, placing, 
developing, and retaining high-quality teachers for high-needs 
schools and low performing schools; (C) provide technical 
assistance to local educational agencies; (D) develop and 
disseminate the State Report Card described; and (E) provide 
technical assistance to local educational agencies in the 
development and implementation of programs and policies that 
support children's transition from early childhood education 
and care programs into elementary schools, improve school 
readiness, and improve the academic achievement of young 
children.
    Sec. 2113(a)(4)(A-E) may use any funds remaining after 
making the reservations to provide technical assistance to 
local educational agencies to support the design and 
implementation of a system to evaluate teachers and principals 
consistent with section 2301(b)(4).
    Sec. 2113(b) [Optional Uses]
    Sec. 2113(b)(1)(A-D) [In General] states that a State that 
receives a grant under section 2111 may, from the funds 
available from the State reservation, use an amount equal to 
not more than one percent to establish, expand, or implement 1 
or more teacher or principal preparation academies and to 
provide for a State authorizer.
    Sec. 2113(b)(2)(A-B) [Definitions]
    Sec. 2113(b)(2)(A-B) [Teacher or Principal Preparation 
Academy] defines the terms ``teacher or principal preparation 
academy'' and ``State authorizer''.
    Sec. 2113(c) [Supplement, Not Supplant] establishes that 
funds received under this subpart shall be used to supplement, 
and not supplant, non-Federal funds that would otherwise be 
used for activities authorized under this subpart.
    Sec. 2121 [Allocations to Local Educational Agencies]
    Sec. 2121(a) [In General] states that the Secretary will 
make a grant to a State only if the State agrees to distribute 
the funds to local educational agencies under this subpart.
    Sec. 2121(b)(1)(A-B) [Allocations] establishes that the 
State educational agency is required to allocate to each of the 
eligible local educational agencies in the State for such 
fiscal year the sum of (A) an amount that bears the same 
relationship to 20 percent of the total amount reserved as the 
number of individuals age 5 through 17 in the geographic area 
served by the agency, as determined by the Secretary on the 
basis of the most recent satisfactory data, bears to the number 
of those individuals in the geographic areas served by all the 
local educational agencies in the State, as so determined; and 
(B) an amount that bears the same relationship to 80 percent of 
the total amount reserved as the number of individuals age 5 
through 17 from families with incomes below the poverty line in 
the geographic area served by the agency, as determined by the 
Secretary on the basis of the most recent satisfactory data, 
bears to the number of those individuals in the geographic 
areas served by all the local educational agencies in the 
State, as so determined.
    Sec. 2121(b)(2)(A-B) [Hold Harmless] establishes that the 
State educational agency is (A) required to allocate to each 
eligible LEA an amount that is not less than 90 of the 
allocation the eligible LEA received for the previous fiscal 
year under this part. (B) If insufficient funds are 
appropriated to allocate the amounts that all eligible LEAs in 
the State are eligible to receive for a fiscal year, the 
Secretary is required to ratably reduce those amounts for the 
fiscal year.
    Sec. 2122 [Local Applications and Needs Assessment]
    Sec. 2122(a)(1-2) [In General] states that, to be eligible 
to receive a subgrant, a local educational agency is required 
to (1) submit an application to the State educational agency 
and (2) conduct an assessment of the needs of the local 
educational agency.
    Sec. 2122(b)(1-4) [Contents] directs that each application 
submitted under this section shall include: (1) a description 
of the results of the needs assessment conducted; (2) a 
description of the performance measures and activities the 
local educational agency will use to address the needs 
identified; (3) a description of how the local educational 
agency will improve or implement a rigorous, transparent, and 
fair teacher and principal evaluation system; and (4) the local 
educational agency's plan for using subgrant funds and other 
Federal, State, and local funds to provide for equitable 
distribution of teachers and principals within the local 
educational agency.
    Sec. 2123 [Local use of Funds]
    Sec. 2123(a)(1-10) [In General] directs that local 
educational agencies that receive a subgrant must use subgrant 
funds to increase student achievement for all children, 
including English learners and students with disabilities, 
through (1) developing and carrying out professional 
development which may include joint professional development 
for teachers, principals, and other relevant school staff with 
early childhood education and care program staff; (2) reducing 
class size for prekindergarten through 3rd grade by an amount 
and to a level consistent with what scientifically valid 
research has found to improve student achievement; (3) 
developing and implementing an induction program or a mentoring 
program; (4) developing and implementing, or improving, a 
teacher and principal evaluation system; (5) increasing teacher 
capacity to evaluate student work and use student achievement 
data; (6) recruiting, preparing, placing, supporting, 
developing, rewarding, and retaining highly rated teachers and 
principals; (7) improving within-district equity in the 
distribution of highly rated teachers in high-need schools; (8) 
enabling teachers to become certified as teachers in a high-
need subject or field; (9) creating career ladders; and (10) 
reforming the local educational agency's system of compensating 
teachers and principals.
    Sec. 2123(b) [Supplement, Not Supplant] establishes that 
funds received under this subpart shall be used to supplement, 
and not supplant, non-Federal funds that would otherwise be 
used for activities authorized under this subpart.
    Sec. 2131(1-3) [National Leadership Activities] states 
that, from the funds authorized for this part, the Secretary is 
authorized to set aside no more than 1 percent of funds for (1) 
research and development, (2) technical assistance, and (3) 
outreach and dissemination activities directly or through 
grants, contacts, or cooperative agreements.
    Sec. 2141 [Accountability]
    Sec. 2141(a)(1-4) [In General] establishes that (1) each 
State that receives a grant must report annually to the 
Secretary a State Report on program performance and results of 
the grant; (2) each local educational agency is required to 
annually submit to the State a local educational agency report 
on program performance and results under such subgrant; (3) 
each State and local educational agency report shall collect, 
report and disseminate information in compliance with the 
Family Educational Rights and Provision act; and (4) no State 
or local educational agency shall be required to publically 
report information that would reveal identifiable information 
about an individual teacher or principal.
    Sec. 2141(b)(1-4) [Information] directs that each State and 
local educational agency report shall contain (1) the number of 
teachers in the State and local educational agency teaching 
under a provisional license due to not having passed all 
required State licensure tests for 1, 2, and 3 or more school 
years and (2) data by teacher preparation program within the 
State, on the student achievement data students taught by such 
program's graduates.
    Sec. 2151 [Principal Recruitment and Training Grant 
Program]
    Sec. 2151(a)(1-5) [Definitions] defines the terms ``Current 
principal'', ``Eligible entity'', ``Eligible school'', ``Middle 
grade'', and ``School-level student outcomes''.
    Sec. 2151(b)(1-2) [Program Authorized]
    Sec. 2151(b)(1) [Principal Recruitment and Training Grant 
Program] directs that the Secretary will award grants to 
recruit, prepare, place, and support principals in eligible 
schools.
    Sec. 2151(b)(2)(A-B) [Duration]
    Sec. 2151(b)(2)(A)(i-ii) [In General] establishes that (i) 
a grant awarded under this program will not last more than 5 
years and that (ii) the Secretary may renew a grant based on 
performance and award the grantee increased funding to scale up 
or replicate the grantee's program.
    Sec. 2151(b)(2)(B)(i-ii) [Performance] states that (i) the 
Secretary's primary consideration will be how principals 
recruited, prepared, placed, and supported under the grantee's 
program have improved school-level student outcomes as well as 
(ii) the percentage of program graduates who (I) become 
principals in eligible schools; (II) remain principals in 
eligible schools for multiple years; and (III) are highly rated 
principals as determined by a principal evaluation system, if 
applicable.
    Sec. 2151(c)(1-2) [Application and Selection Criteria] 
establishes that an eligible entity will submit an application 
to the Secretary. In awarding grants, the Secretary will 
consider (A) the extent to which the entity has the capacity to 
implement the activities that it proposes to implement; (B) the 
entity's demonstrated record of effectiveness or an evidenced-
based plan for preparing principals to improve school-level 
student outcomes; (C) the extent to which the entity has a 
demonstrated record of effectiveness or an evidence-based plan 
for providing principals trained by the entity with the 
guidance, support, and tools they need to improve school-level 
student outcomes; (D) the likelihood of the entity sustaining 
the project with funds other than funds provided under this 
section.
    Sec. 2151(d)(1-3) [Awarding Grants]
    Sec. 2151(d)(1)(A-D) [Priority] directs that the Secretary 
shall give priority to eligible entities with a record of 
preparing or developing principals who (A) have improved 
school-level student outcomes; (B) have become principals in 
eligible schools; (C) remain principals in eligible schools for 
multiple years; and (D) are highly rated principals under a 
teacher and principal evaluation system.
    Sec. 2151(d)(2)(A-B) [Grant for Rural Schools and Lowest 
Performing Schools] directs that the Secretary will (A) award 
not less than one grant to an eligible entity that intends to 
establish a program for rural schools; and (B) award not less 
than one grant to an eligible entity that intends to establish 
a program to train and support principals and other school 
leaders to lead reform efforts in persistently low-achieving 
schools in a State or more than 1 State.
    Sec. 2151(d)(3)(A-B) [Reform Efforts] establishes that an 
eligible entity that receives a grant under this program (A) 
will use the grant funds in the first year to: (i) bring 
together experts and stakeholders; (ii) to collect and develop, 
in consultation with experts and stakeholders, an evidence-
based body of knowledge on effective school reform leadership 
in persistently low-achieving schools; (iii) to develop an 
evidence-based leadership training program; and (B) during each 
subsequent year of the grant carry out the activities described 
in (A).
    Sec. 2151(e)(1-8) [Activities] directs eligible entities to 
use grant funds for the following purposes: (1) to recruit, 
select, train, and support a diverse group of aspiring or 
current principals, or both, for work in eligible schools; (2) 
to track participants; (3) if the entity provides a program for 
aspiring principals, it will provide (A) a pre-service 
residency, that is not less than 1 year in length that includes 
coaching from a mentor principal, and instructional leadership 
and organizational management experience; (B) focused 
coursework on instructional leadership, organizational 
management, and the use of a variety of data, and (C) ongoing 
support, mentoring, and professional development; (4) to train 
mentors for principals in eligible schools; (5) to provide 
differentiated training to participants in skills that evidence 
shows are critical to improving school-level student outcomes 
in eligible schools; (6) to deliver high-quality, 
differentiated, school-level support services and training to 
current principals of eligible schools or to individuals who 
have completed the aspiring principal residency; (7) to make 
training materials funded under the grant available to the 
Department for public dissemination; and (8) to track the 
effectiveness of the program.
    Sec. 2151(f)(1-2) [Annual Report] mandates that grant 
recipients submit an annual report to the Secretary starting in 
the third year of the grant regarding school-level student 
outcomes resulting from implementation of the grant activities; 
and data on (A) the percentage of program graduates who become 
principals in eligible schools; (B) the percentage of graduates 
who remain principals in eligible schools for multiple years; 
and (C) the percentage of program graduates who are highly 
rated under a teacher and principal evaluation system.
    Sec. 2151(g)(1-2) [Matching Requirement]
    Sec. 2151(g)(1)(A-B) [Matching Requirement] states that a 
grant recipient will contribute matching funds annually equal 
or greater than 20 percent of the amount of the grant.
    Sec. 2151(g)(2) [Waiver] establishes that the Secretary may 
waive or reduce the matching requirement if an entity 
demonstrates a need for such a waiver or reduction due to 
financial hardship.
    Sec. 2151(h) [Supplement, Not Supplant] establishes that 
grant funds provided under this section shall be used to 
supplement, and not supplant, any other Federal, State, or 
local funds otherwise available to carry out the activities 
described in this section.
    Sec. 2151(i)(1-2) [Evaluation and Dissemination of Best 
Practices] mandates that the Secretary carry out an evaluation 
of programs funded under this section and identifies and 
disseminates research and best practices related to such 
programs.
    Sec. 2151(j) [Report to Congress] directs that, not later 
than 5 years after the date of enactment of this act, the 
Secretary will submit a report to the relevant committees on 
lessons learned through programs funded with grants awarded 
under this section.

Part B--Teacher Pathways to the Classroom

    Sec. 2201 [Teacher Pathways]
    Sec. 2201(a) [Purpose] states that the purpose of this 
section is to support the recruitment, selection, preparation, 
placement, retention, and support of teachers in high-need 
subjects or fields who will improve student academic 
achievement and student outcomes at high-needs schools.
    Sec. 2201(b)(1-2) [Definitions] defines the terms 
``eligible entity'' and ``teacher in a high-need subject or 
field''.
    Sec. 2201(c) [Authorization of Grant Awards] states that 
the Secretary shall award grants to eligible entities.
    Sec. 2201(d) [Applications] states that an eligible entity 
that desires to receive a grant under this section shall submit 
an application to the Secretary.
    Sec. 2201(e) [Considerations] requires that the Secretary 
considers the geographic diversity of the eligible entities.
    Sec. 2201(f)(1-3) [Priority] provides that the Secretary 
shall give priority to applicants that demonstrate a record of 
(1) recruiting college undergraduates, recent college 
graduates, graduate students, and professionals with a 
demonstrated history of significant academic achievement to 
become teachers; (2) recruiting and selecting candidates who 
are members of groups underrepresented in the teaching 
profession; and (3) preparing teachers who consistently improve 
student academic achievement at high-need schools.
    Sec. 2201(g)(1-5) [Required Use of Funds] requires that an 
eligible entity that receives a grant under this section shall 
use the grant funds (1) to recruit, select, prepare, place, 
retain, and support teachers for high-need schools and teachers 
in high-need subjects or fields; (2) to prepare all teachers to 
teach students with disabilities and English language learners; 
(3) to prepare teachers in classroom management, instructional 
planning and delivery, learning theory and cognitive 
development, literacy development, and student assessment; (4) 
to provide school-based, clinical experience at a high-need 
school that includes observation of and feedback on teacher 
candidates' teaching; and (5) to provide ongoing mentoring and 
support, which may include coursework, for participants for at 
least 1 school year.
    Sec. 2201(h) [Permissible Use of Grant Awards] provides 
that an eligible entity that receives a grant under this 
section may use the grant funds to provide financial stipends 
for teacher candidates who are not the teacher of record.
    Sec. 2201(i)(1-2) [Performance and Grant Renewal] states 
that an eligible entity that receives a grant under this 
section must track the placement rate, retention rate, and 
performance in improving student academic achievement of 
teachers recruited and prepared by programs funded by the grant 
and submit data on such performance to the Secretary.
    Sec. 2201(j) [Fiscal Agent] states that the fiscal agent 
for an eligible entity that receives a grant under this section 
may be a local educational agency, State educational agency, 
institution of higher education, or nonprofit organization that 
is a partner in the eligible entity.
    Sec. 2201(k)(1-2) [Matching Requirements]
    Sec. 2201(k)(1) [Federal Share] requires that the Federal 
share for this section will be a percentage of the cost of the 
activities assisted under the grant as determined by the 
Secretary.
    Sec. 2201(k)(2)(A-B) [Non-Federal Share] directs that the 
non-Federal share provided by an eligible entity receiving a 
grant in this program will be a percentage of the total costs 
determined by the Secretary and may include in-kind 
contributions. The Secretary may waive or reduce the amount of 
the non-Federal share.
    Sec. 2201(l) [Evaluation] requires that the Director of the 
Institute of Education Sciences evaluate the implementation and 
impact of the program under this section, identify best 
practices for recruiting, selecting, preparing, placing, 
retaining, and supporting teachers in high-need subjects or 
fields for high-need schools, and disseminate research on best 
practices.

Part C--Teacher Incentive Fund Program

    Section 2301 [Purposes; Definitions]
    Sec. 2301(a)(1-2) [Purposes] establishes that the purposes 
of this subpart are to assist States, local educational 
agencies, and nonprofit organizations to develop, implement, 
improve, or expand (1) comprehensive performance-based 
compensation systems for teachers, principals, and schools that 
raise student academic achievement and close the achievement 
gap, especially for teachers and principals in high-need 
schools; and (2) rigorous, transparent, and fair teacher and 
principal evaluation systems.
    Sec. 2301(b)(1-4) Definitions defines the terms ``eligible 
entity'', ``performance-based compensation system'', ``student 
academic achievement'', and ``teacher and principal evaluation 
system''.
    Sec. 2302(a) [Teacher Incentive Fund Grants] states that 
the Secretary is authorized to award competitive grants to 
eligible entities to carry out the development, implementation, 
improvement, or expansion of a performance-based compensation 
system in a school served by a project under this part.
    Sec. 2302(b) [Priority] requires that the Secretary give 
priority to eligible entities that concentrate their activities 
under this section on teachers and principals in high-need 
schools.
    Sec. 2302(c)(1-9) [Applications] provides that an eligible 
entity desiring a grant under this subpart submit an 
application to the Secretary that shall include a description 
of: (1) the performance-based compensation system and teacher 
and principal evaluation system which the eligible entity 
proposes to develop, implement, improve, or expand; (2) the 
support and commitment, from teachers and principals in the 
school to be served by the project, the community, and the 
local educational agencies, for the proposed activities, 
including a demonstration of consultation with teachers and 
principals in the design and development of the proposal; (3) 
how the eligible entity will develop and implement a fair, 
rigorous, and objective process to evaluate teacher, principal, 
and student performance under the project; (4) the local 
educational agencies or schools to be served by the project; 
(5) the quality of teachers and principals in the local 
educational agencies and the schools to be served by the 
project and how the project will increase the quality of 
teachers and principals in a high-need school; (6) how the 
eligible entity will use grant funds in each year of the grant; 
(7) how the eligible entity will continue the performance-based 
compensation system after the grant period ends; (8) the State, 
local, or other public or private funds that will be used to 
supplement the grant and sustain the activities assisted under 
the grant at the end of the grant period; and (9) the rationale 
and evidence for the proposed activities and of any prior 
experience of the eligible entity in developing and 
implementing such activities.
    Sec. 2302(d) [Use of Funds]
    Sec. 2302(d)(1)(A-B) [In General] requires an eligible 
entity that receives a grant under this subpart to use the 
grant funds to develop, implement, improve, or expand, in 
collaboration with teachers, principals, other school 
administrators, and members of the public (A) a performance-
based compensation system or (B) a teacher and principal 
evaluation system.
    Sec. 2302(d)(2)(A-C) [Authorized Activities] requires that 
grant funds under this subpart shall be used for (A) developing 
or improving teacher and principal evaluation systems that 
reflect clear and fair measures of teacher and principal 
performance; (B) paying bonuses and increased salaries; and (C) 
conducting outreach within a local educational agency or a 
State to gain input on how to construct the teacher and 
principal evaluation system and to develop support for such 
system.
    Sec. 2302(e)(1-2) [Duration of Grant] provides that (1) the 
Secretary can award Grants for no more than 5 years and (2) a 
local educational agency may receive (whether individually or 
as part of a consortium or partnership) a grant under this part 
only once.
    Sec. 2302(f) [Equitable Distribution] requires that when 
awarding grants, the Secretary must consider geographic 
diversity, including the distribution between rural and urban 
areas.
    Section 2302(g)(1-2) [Matching Requirement] requires that 
each eligible entity that receives a grant under this subpart 
shall provide, over the course of the 5-year project period, an 
increasing share of matching funds (which may be provided in 
cash or in kind) to carry out the activities supported by the 
grant and (2) provides that the Secretary can waive the 
matching requirement for an eligible entity that (A) consists 
of a high-need local educational agency or (B) that is located 
in a rural area.
    Sec. 2302(h) [Supplement, Not Supplant] states that grant 
funds provided under this subpart shall be used to supplement, 
not supplant, other Federal, State, or local funds.

Part D--Achievement Through Technology and Innovation

    Sec. 2401 [Short Title] states that part D of title II may 
be cited as the ``Achievement Through Technology and Innovation 
Act of 2011'' or the ``ATTAIN Act''.
    Sec. 2402(1-7) [Purposes and Goals] establishes that the 
purposes and goals of this part are to improve the use of 
technology to improve student achievement and effective 
teaching.
    Sec. 2403 [Definitions] defines the terms ``blended 
learning'', ``educational productivity'', ``local educational 
agency'', ``student technology literacy'', and ``systemic 
education transformation''.
    Sec. 2404(a-c) [Allocation of funds; Limitation; Trigger] 
requires that (1) funds made available for this program be used 
for: (A) the State and local grants described in subpart 1 if 
the appropriation is more than $300 million, or (B) for the 
State Competitive Grants described in subpart 2 if the 
appropriation is less than $300 million. (2) The local 
educational agency may set aside up to 3 percent for 
administrative costs. (4) A State educational agency may use no 
more than 60 percent of funds for administrative costs.
    Sec. 2411(a-c) [Allotment and Reallotment] (1) requires the 
Secretary to reserve: (A) three-fourths percent for schools 
operated or funded by the Bureau of Indian Education and (B) 
one-half percent for the outlying areas. (C) The remaining 
funds shall be distributed to State educational agencies in an 
amount proportional to their title I, part A allocation. (2) No 
State shall receive less than one-half of 1 percent. (3) The 
Secretary is required to re-allot any unused amount of a State 
educational agency's allotment to the remaining State 
educational agencies.
    Sec. 2412(a-c) [Use of Allotment by State] (1) limits the 
amount a State educational agency may use to carry out State 
activities to not more than 5 percent or $100,000, whichever 
amount is greater. (2) State educational agencies are required 
to distribute the remainder in the following manner: (A) 60 
percent for Improving Teaching and Learning through Technology 
subgrants and (B) 40 percent for Systemic Education 
Transformation through Technology Integration subgrants. (3) 
Grants must be of sufficient size and scope to be effective, be 
for at least 2 years, and preference in giving awards and 
technical assistance should be given to schools identified for 
improvement in section 1116. (4) A State educational agency 
must ensure an equitable distribution among urban and rural 
areas of the State.
    Sec. 2413(a-b) [State Applications] requires each State 
educational agency desiring to receive funding under this 
subpart to submit an application to the Secretary describing: 
(1) the State educational agency's plan to provide support to 
subgrantees under this subpart; (2) long-term goals and 
strategies for improving student achievement through the 
effective use of technology; (3) the priority area upon which 
the State educational agency will focus its assistance; (4) how 
the State educational agency will support subgrantees to 
implement professional development programs; (5) how the State 
educational agency will ensure that school staff possess the 
knowledge and skills to use technology for the purposes 
described in this subparagraph; (6) how the State educational 
agency will evaluate the impact and effectiveness of activities 
described in section 2414; (7) the State challenging academic 
content standards and challenging student academic achievement 
standards that the State educational agency will use to ensure 
that each student is technologically literate, and a 
description of how the State educational agency will assess 
student performance in gaining technology literacy. The State 
educational agency shall also provide (8) an assurance that 
financial assistance provided under this subpart will 
supplement, and not supplant, State and local funds; and (9) a 
description of how the State educational agency consulted with 
local educational agencies in the development of the State 
application.
    Sec. 2414 [State Activities]
    Sec. 2414(a)(1-3) [Mandatory Activities] requires State 
educational agencies receiving funding under this subpart to 
carry out each of the following activities: (1) identify the 
State college- and career-ready academic content standards and 
college- and career-ready student academic achievement 
standards that the State educational agency will use to ensure 
that each student is technologically literate; (2) assess 
student performance in gaining technology literacy; and (3) 
provide guidance, technical assistance, and other assistance in 
using technology to improve teaching and redesign curriculum 
and instruction, improve educational productivity, and deliver 
computer-based and online assessment.
    Sec. 2414(b)(1-4) [Permissive Activities] allows State 
educational agencies receiving funding under this part to carry 
out each of the following activities: (1) providing State 
leadership activities and technical assistance; (2) developing 
or utilizing research-based or innovative strategies for the 
delivery of specialized or rigorous academic courses and 
curricula through the use of technology; (3) providing, or 
supporting local educational agencies in providing, sustained 
and intensive, high-quality professional development; and (4) 
assessing student performance in gaining technology literacy.
    Sec. 2415(a) [Local applications] requires each local 
educational agency to submit an application to the State 
educational agency containing: (1) a new or updated local long-
range strategic educational technology plan, (2) other 
information that the State educational agency may reasonably 
require, including: (A) A description of how the local 
educational agency will align and coordinate the local 
educational agency's use of funds under this subpart with 
efforts to improve student achievement and close achievement 
gaps, their technology plan, and with other funding sources; 
(B) An assurance that financial assistance provided under this 
subpart will supplement, and not supplant, other funds 
available to carry out activities assisted under this subpart; 
(C) A description of the process used to assess and, as needed, 
update technologies throughout the local educational agency.
    Sec. 2415(b) [Competitive Grants; Systemic Education 
Transformation Through Technology Integration] requires each 
local educational agency submitting an application for the 
Systemic Education Transformation Through Technology 
Integration to include: (1) a description of how grant funds 
will be used to implement systemic education transformation; 
(2) an assurance that at least 25 percent of funds will be used 
for professional development; and (3) a description of the 
evaluation that will be used to determine the impact of the 
funded activities.
    Sec. 2415(c) [Formula Grants; Improving Teaching and 
Learning Through Technology] requires each local educational 
agency submitting an application for the Improving Teaching and 
Learning Through Technology program to include: (1) an 
assurance that 40 percent of funds will be used to assist 
educators in becoming technology literate; (2) a description of 
the professional development program; (3) a description of how 
technology will be used to improve student learning; (4) a 
description of the areas the grant will target; (5) and a 
description of how technology will be integrated into a 
redesigned curriculum or instruction.
    Sec. 2415(d) [Combined Applications] allows local 
educational agencies to submit one application for the grants 
described in (b) and (c).
    Sec. 2416. [Local activities]
    Sec. 2416(a) [Competitive Grants; Systemic Education 
Transformation Through Technology Integration] requires each 
local educational agency to carry out activities to improve 
student learning, technology literacy and achievement. 
Activities include: (1) use of no less than 5 percent of funds 
for evaluation; and (2) use of funds to implement a plan for 
systemic education transformation.
    Sec. 2416(b) [Formula Grants; Improving Teaching and 
Learning Through Technology] requires a local educational 
agency to carry out activities to improve student learning, 
technology literacy and achievement. Activities include: (1) 
use of no less than 40 percent of funds for professional 
development; and (2) use funds to acquire or implement 
technology tools, applications and other sources to improve 
student learning.
    Sec. 2416(c) [Multiple Grants] allows a local educational 
agency that receives grants under both programs to use all 
funds for activities authorized under (a).
    Sec. 2421 [State Competitive Grants]
    Sec. 2421(a) [In General] states that the Secretary shall 
award grants to consortia of State educational agencies with 
approved applications.
    Sec. 2421(b) [State Consortia Applications] states that a 
consortia of State educational agencies shall submit an 
application to the Secretary that includes a description of the 
following: (A) a list of the States in the consortium; (B) how 
the consortia will support local educational agencies in 
enhancing the use of technology; (C) an identification of an 
additional priority the consortium will address which shall be 
preparing for and administering assessments online, using 
technology and blended learning, or improving the capacity of 
administrators to lead systemic education transformation 
through technology; (D) each State educational agency's long-
term goals and strategies to improve student academic 
achievement with technology; (E) how the State educational 
agencies will use funds to improve the ability of educators to 
use technology; (F) a description of how the use of grant funds 
will be evaluated; (H) the identification of the State college- 
and career-ready academic content standards that will be used 
to determine student technology literacy; (H) an assurance that 
grant funds will supplement and not supplant State and local 
funds; (I) how the State educational agencies consulted with 
local educational agencies in the development of the 
application; (J) the process the State educational agencies 
will use to competitively award subgrants; (K) how the State 
educational agencies will coordinate grant funds with other 
available funding; and (L) an assurance that a number of 
conditions are met by each State.
    Sec. 2421(c)(1) [In General] establishes that the Secretary 
shall award grants that are (A) of sufficient size and duration 
to be effective, (B) are distributed among States of diverse 
geographic locations and populations, and (C) serve students 
attending high-need schools.
    Sec. 2421(c)(2) [Priority] directs that the Secretary will 
give priority to applications from consortia in which each 
State has met, or has proposed a detailed plan with specific 
timelines to meet, the following conditions. (A) Assessments in 
the State are delivered online. (B) The State has signed 
teacher certification reciprocity agreements with one or more 
other States, including for online instruction. (C) 
Postsecondary and other teacher training institutions are 
required to provide, or support the provision of training in 
online and blended instruction. (D) The State directly supports 
technology tools and applications and ensures that all students 
and teachers have high-speed access to the Internet. (E) The 
State supports policies or plans facilitating the use of 
student-owned devices in schools or that facilitate home access 
to digital content. (F) The States have plans that support 
students with disabilities, advanced learners, below-grade-
level learners, and English learners.
    Sec. 2421(d) [State Consortium Use of Funds] states that 
each State educational agency consortium that receives a grant 
shall (1) allocate not less than 75 percent of grant funds to 
local educational agencies and (2) use remaining funds for 
State-level activities described in the application.

Subpart 3--Internet Safety

    Sec. 2431(a-f) [Internet Safety] Prohibits local 
educational agencies from using funds under this part to access 
the Internet, or to pay for direct costs associated with 
accessing the Internet, for such school unless the school, 
school board, local educational agency, or other authority with 
responsibility for administration of such school both--(1) has 
in place a policy of Internet safety for minors that includes 
the operation of a technology protection measure with respect 
to any of its computers with Internet access that protects 
against access through such computers to visual depictions that 
are obscene; child pornography; or harmful to minors; and is 
enforcing the operation of such technology protection measure 
during any use of such computers by minors; and (2) has in 
place a policy of Internet safety that includes the operation 
of a technology protection measure with respect to any of its 
computers with Internet access that protects against access 
through such computers to visual depictions that are obscene or 
child pornography; and is enforcing the operation of such 
technology protection measure during any use of such computers.

   Title III: Language and Academic Content Instruction for English 
                    Learners and Immigrant Students


Section 3001 amends the below ESEA section as follows:

    Sec. 3001 [Reorganization] makes a number of technical 
amendments across title III to update the title, including by 
striking part B of current law and redesignating part C as part 
B.

Section 3002 amends section 3102 as follows:

    Section 3102 [Purposes] states that the purposes of part A 
are to:
          (1) meet the educational needs of English learners 
        and immigrant students with high-quality, evidence-
        based services that ensure the English language 
        proficiency and academic content knowledge they need to 
        meet the State's college- and career-ready standards 
        and academic assessments;
          (2) support the efforts of State and local 
        educational agencies to provide high-quality and 
        effective educational programs for English learners;
          (3) support the efforts of teachers, school leaders, 
        and State and local educational agencies to develop the 
        capacity needed to provide evidence-based, 
        linguistically and culturally appropriate services to 
        English learners to attain English language proficiency 
        and meet State college- and career-ready academic 
        standards, and subsequently implement, evaluate and 
        modify such services effectively;
          (4) ensure that rigorous and consistent standards and 
        State accountability systems are in place for programs 
        for English learners; and
          (5) promote parent and community participation in 
        programs for language instruction in communities for 
        parents of children who are English learners.

Section 3003 amends section 3111 as follows:

Sec. 3111 [Formula Grants to States]

    Sec. 3111(b) [Use of Funds] states that the Secretary may 
only make a grant to the State educational agency if they agree 
to expend at least 95 percent of the State allotment in 
subgrants to eligible entities to carry out the activities 
described in section 3115 (other than subsection (e)) and in 
subgrants under section 3114(d)(1) to eligible entities that 
are described in that section to carry out the activities 
described in section 3115(e). In addition, each State 
educational agency receiving a grant may reserve no more than 5 
percent of funds to provide technical assistance to eligible 
entities. The SEA may not use more than 40 percent (or 
$175,000, whichever is greater) of the amount reserved for 
technical assistance for planning, evaluation, administration, 
or interagency coordination.
    Sec. 3111(c) [Reservations and Allotments] is amended by 
directing the Secretary to reserve from the amount 
appropriated: 0.5 percent or $5,000,000, whichever is greater, 
for payments to eligible entities under subsection 3112(a) for 
services to Native American and Alaska Native children; 0.5 
percent for payments to outlying areas in accordance with their 
needs, as determined by the Secretary; and 6.5 percent for 
national activities. The remaining allotment will be allocated 
to States in proportion to the number of English learners in 
the States, but will be no less than $500,000. If the State 
educational agency does not submit a plan, or submits an 
unsatisfactory plan, the State's allotment will be made 
available on a competitive basis to qualified agencies within 
the State, and any allotment still remaining will be 
redistributed among the remaining States. The total amount 
allotted to Puerto Rico cannot exceed 0.5 percent of the total 
amount allotted to all States for that fiscal year. In order to 
assess the number of English learners in the States, the 
Secretary may use American Community Survey data from the 
Department of Commerce, and the number of English learners 
assessed as not proficient in English based on the State's 
English language proficiency assessment under section 
1111(a)(2)(D). To assess the number of immigrant students, the 
Secretary shall use data available from the American Community 
Survey.

Section 3004 amends section 3112 as follows:

    Sec. 3112 [Native American and Alaska Native Children]
    Sec. 3112(a-b) [Eligible Entities; Submission of 
Applications for Assistance] are amended with technical 
amendments to update the sections.
    Sec. 3112(c) [Special Rules] is amended by striking the 
language in current law and inserting language that states that 
an eligible entity cannot receive more than one grant under 
this subsection in the same period, and that these funds may be 
used both for activities supported in this subpart and for 
Native American language immersion and restoration programs.

Section 3005 [State Educational Agency Plans] amends section 3113 of 
        ESEA as follows:

    Sec. 3113 [State Educational Agency Plans]
    Sec. 3113(a) [Plan Required] specifies that in order to 
receive a grant a State educational agency must submit a plan 
to the Secretary.
    Sec. 3113(b) [Contents] describes the required contents of 
each plan submitted. Plans must include: (1) a description of 
the process the State educational agency will use to award 
subgrants under section 3114(d)(1); (2) a description of the 
process for creating statewide criteria for local educational 
agencies in determining English learners who need services, 
standards for when students no longer need such services, and 
standards for all English learners in all LEAs in the State; 
(3) a description of how the State educational agency will 
support local educational agencies efforts in making English 
learners proficient in each of the four language domains; (4) 
an assurance that if new State academic standards are adopted, 
the State educational agency will update such English language 
proficiency standards accordingly; (5) an assurance that the 
State's assessment system is valid and reliable; (6) criteria 
for defining English language proficiency; (7) a description of 
how the State educational agency will coordinate the activities 
of this subpart with the activities carried out under the other 
parts of this act; (8) a description of how the State 
educational agency will assist eligible entities in improving 
English language instruction; (9) an assurance that eligible 
entities will be given flexibility for curriculum selection; 
(10) a description of how the State educational agency will 
manage subgrants; (11) an assurance that the State's English 
language standards are aligned with the academic standards 
described in section 1111; and (12) an assurance that the plan 
was developed in consultation with local educational agencies, 
teachers, program administrators, parents, and other relevant 
stakeholders.
    Sec. 3113(c) [Approval] states that the Secretary, after 
using a peer review process, must approve a plan submitted 
under this section if it meets all the above requirements.
    Sec. 3113(d) [Duration of Plan] states that each State 
educational agency plan submitted and approved under this part 
will remain in effect for the duration of the State educational 
agency's participation and be periodically reviewed and revised 
by the agency to reflect changes in strategy and programs.
    Sec. 3113(e) [Consolidated Plan] allows the plan submitted 
in subsection (a) to be submitted as part of a consolidated 
plan under section 9302.
    Sec. 3113(f) [Secretary Assistance] states that the 
Secretary must provide technical assistance, if requested, in 
the development of English language proficiency standards, 
objectives and assessments.

Section 3006 amends section 3114 as follows:

    Sec. 3114 [Within-State Allocations] provides for a number 
of technical amendments to update the section. Sec. 3114(d)(2) 
requires that State educational agencies must also consider 
eligible entities with limited or no experience serving 
immigrant children and that State educational agencies must 
consider eligible entities that have experienced a significant 
increase in immigrant children and youth.

Section 3007 amends section 3115 as follows:

    Sec. 3115 [Subgrants to Eligible Entities]
    Sec. 3115(a) [Purposes of Subgrants] states that the 
purposes of the subgrants are to supplement the education of 
English learners and immigrant youth and help them achieve 
proficiency in the State college and career readiness 
standards. This includes individual and whole school language 
instruction educational programs for English learners and 
immigrant youths.
    Sec. 3115(b) [Administrative Expenses] provides that no 
more than 2 percent of the subgrant be used for administrative 
costs.
    Sec. 3115(c) [Required Subgrantee Activities] provides that 
subgrants must be used for two or more of the following 
activities: (1) increasing English language proficiency through 
evidence-based programs; (2) providing relevant professional 
development to teachers, administrators and other school or 
community-based personnel; and (3) carrying out other evidence-
based activities to enhance language instruction for English 
learners.
    Sec. 3115(d) [Authorized Subgrantee Activities] provides 
that funds may also be used for (1) upgrading program 
objectives and strategies, (2) tutoring programs and services, 
(3) coordinated language instruction educational programs, (4) 
literacy programs and services, (5) technology, and (6) 
community participation and parent and family outreach 
activities.
    Sec. 3115(e) [Activities by Agencies Experiencing 
Substantial Increases in Immigrant Children and Youth] requires 
that funds be used by eligible entities to provide for enhanced 
instructional opportunities for immigrant children, which may 
include (A) family literacy and engagement outreach, (B) 
support for personnel, (C) tutoring, mentoring or counseling 
services for immigrant youth, (D) curricula selection, (E) 
basic instructional services, (F) other costs to assist 
immigrant children and youth to succeed in school, and (G) 
activities to assist parents of immigrant children and youth.
    Sec. 3115(f) [Selection of Method of Instruction] requires 
an eligible entity to select one or more methods or forms of 
instruction that meet State academic content and student 
academic achievement standards, to be on track to college- and 
career-readiness, consistent with sections 3124 through 3126.
    Sec. 3115(g) [Supplement, Not Supplant] prohibits 
supplanting of Federal, State, or local funds to support 
English learners.
    Sec. 3115(h) [Prohibition on Use of Funds] prohibits a 
subgrantee from using funds provided under this subpart for 
services required to be provided for compliance with Title VI 
of the Civil Rights act of 1964.

Section 3008 amends section 3116 as follows:

    Sec. 3116 [Local Plans]
    Sec. 3116(a) [Plan Required] states that all eligible 
entities must submit a plan to the State educational agency in 
order to receive grant funds.
    Sec. 3116(b) [Contents] states that each plan must include 
the following: (1) a description of the evidence-based programs 
and activities proposed; (2) a description of the process for 
accountability for individual schools receiving funds; (3) a 
description of parent, family and community engagement efforts 
to be undertaken; (4) a description of plans to consult with 
teachers, researchers, school personnel, parents and community 
stakeholders in developing and implementing these programs; (5) 
a description of how these programs will lead to English 
language proficiency and mastery of core academic subjects; (6) 
an assurance that all activities are reflected in a school-
level plan or a separate school-level title III activity plan; 
and (7) an assurance that the eligible entity is not in 
violation of State law and that each local educational agency 
within the eligible entity complies with section 3202.
    Sec. 3116(c) [Teacher English Fluency] requires eligible 
entities to certify that all English language instructors will 
be fluent in the language used for instruction.

Section 3009 amends section 3121 as follows:

    Sec. 3121 [Evaluations]
    Sec. 3121(a) [In General] describes elements of the report 
each eligible entity must submit to the State educational 
agency at the conclusion of each second fiscal year. The report 
must include: (1) a description of programs and activities 
conducted using subgrant funds, including how those programs 
supplemented programs primarily funded by State or local funds; 
(2) a description of the progress toward English language and 
State academic content and achievement standard proficiency; 
(3) the number and percentage of English learners participating 
in these programs who, by the end of each school year, attain 
English language proficiency; (4) a description of the progress 
made by former English learners in their academic proficiency, 
high school graduation and college- and career-readiness for 
each of the 3 years after they no longer receive services under 
this subgrant; and (5) the number and percentage of English 
learners who have not attained English proficiency within 5 
years of enrolling at the local educational agency and being 
classified as English learners.
    Sec. 3121(b) [Use of Evaluations] requires that the 
evaluation be used by the subgrantee and the State educational 
agency to (1) assess the progress of English learners and (2) 
to improve the effectiveness of programs and activities.

Section 3010 [Reporting Requirements] amends section 3122 with 
        technical amendments to update the section.

Section 3011 [Coordination with Related Programs] amends section 3123 
        with technical amendments to update the section.

Section 3012 [Rules of Construction] amends section 3124 with technical 
        amendments and adds a provision that states that nothing in 
        subpart 1 should be construed to prevent a grantee from 
        providing services to a student who has met proficiency 
        according to section 1111(a)(2)(D) but has not attained (or is 
        not on track to attain) proficiency on regular State academic 
        assessment under section 1111(a)(2)(A).

Section 3013 [Prohibition] amends section 3128 with a technical 
        amendment to update the section.

Section 3014 strikes section 3131 and inserts the following:

    Sec. 3131 [National Activities]
    Sec. 3131 [Professional Development Grants] requires that 
the Secretary use funds made available under Sec. 3111(c)(1)(C) 
to award grants on a competitive basis, for a period of no more 
than 5 years, to institutions of higher education or nonprofits 
with relevant expertise and capacity to provide for 
professional development activities for teachers and 
educational personnel working with English learners. Grants 
awarded under this section may be used to: (1) support 
partnerships between State educational agencies or local 
educational agencies and institutions of higher education to 
support individuals working to improve educational services and 
supports for English learners; (2) support research on 
promising instructional strategies; (3) support strategies that 
promote school readiness and transitions for young English 
learners; (4) support strategies that promote high school 
graduation for English learners; (5) support strategies that 
promote parent, family and community engagement; (6) support 
the development of curricula and assessments; or (7) support 
the dissemination of the above-mentioned information.
    Sec. 3132 [Commission on Assessment of English Learners]
    Sec. 3132(a) [Commission on Assessment of English Learners] 
directs the Secretary to establish an independent commission on 
the assessment and advancement of English learners.
    Sec. 3132(b) [Composition] requires that the commission be 
comprised of individuals with experience and expertise in the 
education and development of English learners, including 
individuals with expertise in the art of teaching English to 
speakers of other languages, measurement and assessment, and 
educational assessment and accountability practices. The 
Secretary must ensure that the individuals selected are experts 
who are competent to evaluate instruction, assessments and 
models for English learners.
    Sec. 3132(c) [Duties of the Commission] states that the 
duties of the commission are to provide the Secretary with 
advice and recommendations about the following issues: (1) the 
development and approval of standards pertaining to English 
learners; (2) the provision of regulations and guidance on the 
inclusion of English learners in assessment and accountability 
systems; (3) the alignment of State English language 
proficiency standards with State college- and career-ready 
standards; (4) the formation of peer review panels; (5) means 
of supporting local educational agencies and schools in 
properly supporting English learners; (6) means of ensuring 
that research, development and dissemination activities address 
gaps in knowledge regarding the inclusion of English learners 
in assessment and accountability systems; and (7) advise on 
ways to address the needs of English learners in all programs 
at the Department of Education.
    Sec. 3132(d) [Annual Report] requires the commission to 
submit an annual report, beginning within 1 year of all members 
of the commission being appointed, to the Secretary and the 
authorizing committees of Congress, including the findings and 
recommendations described in subsection (c).

Section 3015 [Definitions] amends section 3201 as follows:

    Sec. 3201 [Definitions] defines the term ``eligible 
entity'' and makes technical amendments to update other 
definitions.

Section 3016 [Parental Notification] amends Section 3202, as 
        redesignated, as follows:

    Sec. 3202 [Parental Notification]
    Sec. 3202(a) [In General] specifies that eligible entities 
must, within the first 30 days of the school year, inform the 
parents of participating students of the following: (1) the 
reasons for the identification of their child as an English 
learner eligible for participation in the language 
instructional educational program; (2) the child's level of 
proficiency and how that was assessed; (3) the method of 
instruction used in the program; (4) how the program will 
reflect the educational strengths and needs of the child; (5) 
how the program will help the child learn English and academic 
content; (6) the exit requirements of the program, the expected 
rate of transition from the program, and the expected rate of 
high school graduation for English learners; (7) for children 
with disabilities, how the program meets the objectives of the 
child's individualized education program; and (8) information 
on parental rights.
    Sec. 3202(b) [Receipt of Information] provides that the 
information described in subsection (a) must be provided in an 
understandable and uniform format and, to the extent 
practicable, in a language that the parent can understand.
    Sec. 3202(c) [Special Rule Applicable during School Year] 
provides that for students who are not identified for 
participation in a language instruction educational program 
prior to the beginning of the school year, the eligible entity 
must carry out subsections (a) and (b) within 2 weeks of the 
child being placed in the program.
    Sec. 3202(d) [Parent and Family Engagement] requires 
eligible entities to implement an effective outreach program to 
parents and family members of English learners to tell them: 
(A) how they can be involved in the education of their 
children; and (B) how they can be active participants in 
assisting their children to learn English, achieve at high 
academic levels, meet State academic standards and understand 
expectations for college readiness and career success. In 
addition, this outreach must include holding, and notifying 
parents and family members of, regular meetings for the purpose 
of garnering and responding to recommendations from parents.
    Sec. 3202(e) [Basis for Admission or Exclusion] states that 
a child cannot be admitted to, or excluded from, any federally 
assisted education program on the basis of a surname or 
language-minority status.

Section 3017 [National Clearinghouse] amends section 3202, as 
        redesignated, with technical amendments to update the section.

Section 3018 [Regulations] amends section 3204, as redesignated, with 
        technical amendments to update the section.

         Title IV: Supporting Successful, Well-Rounded Students


Section 4101 [Redesignations] changes the title heading and 
        redesignates parts and sections in title IV.

Part A--Improving Literacy Instruction and Student Achievement

Section 4102 amends part A of title IV as follows:

    Sec. 4101 [Short title] states that the part may be cited 
as ``Improving Literacy Instruction and Achievement.''
    Sec. 4102 [Purposes] contains two purposes for this new 
program. The purposes relate to improving student academic 
achievement in reading and writing from birth through grade 12.
    Sec. 4103 [Definitions] contains the definitions of a 
number of terms that are used in this part, including 
``child'', ``classroom-based instructional assessment'', 
``comprehensive literacy instruction'', ``developmental 
delay'', ``effective literacy instruction'', ``eligible 
entity'', ``English language acquisition'', ``family literacy 
services'', ``formative assessment'', ``high-quality 
professional development'', ``instructional leader'', 
``literacy coach'', ``local educational agency'', ``reading'', 
``scientifically valid research'', ``screening assessment'', 
``State'', ``State literacy leadership team'', ``summative 
assessment'', and ``writing''.
    Sec. 4104 [Program Authorized]
    Sec. 4104(a) [Reservations and Awards to State Educational 
Agencies] directs that: (A) the Secretary shall reserve no more 
than 4 percent of the funds appropriated for this part for 
dissemination of information and technical assistance; (B) 
shall reserve not more than 5 percent of the funds to 
competitively award planning grants to State educational 
agencies; (C) in the case of a fiscal year for which the 
appropriation is less than $500,000,000 awards shall be made 
competitively to carry out section 4106 (State implementation 
grants); and (D) in each fiscal year for which the 
appropriation equals or exceeds $500,000,000 the Secretary 
shall distribute grants to carry out section 4106 
(implementation grants) based on a formula to State educational 
agencies whose applications have been approved by a peer review 
panel.
    Sec. 4104(b) [Peer Review] requires the Secretary to have 
applications peer reviewed. (A) The peer review panel shall be 
composed of experts appointed by the Secretary from those 
recommended by the National Research Council and the National 
Institute of Child Health and Human Development. (B) Those 
appointed to the peer review panels may be classroom teachers, 
experts in professional development, experts in assessment, or 
experts in comprehensive literacy instruction.
    Sec. 4104(c) [Conflicts of Interest] requires the Secretary 
to ensure that each member of the peer review panel does not 
stand to benefit financially from a grant and requires each 
State educational agency to ensure that members of the State 
literacy leadership team do not stand to benefit financially 
from the State's grant or subgrants.
    Sec. 4104(d) [Supplement, Not Supplant] Prohibits 
supplanting of non-Federal funds to support literacy 
instruction.
    Sec. 4104(e) [Maintenance of Effort] requires each State 
educational agency receiving a grant to maintain effort for 
each fiscal year in expenditures for literacy instruction.
    Sec. 4105 [State Planning Grants]
    Sec. 4105(a) [Planning Grants Authorized] authorizes the 
Secretary to award 1-year planning grants to State educational 
agencies to complete comprehensive planning to carry out 
activities that improve literacy for children from birth 
through grade 12.
    Sec. 4105(b) [Application] describes the application 
content and approval requirements. Each State educational 
agency receiving a planning grant shall include in the 
application a plan for improving State efforts in comprehensive 
literacy activities. Such plan shall: (A) describe the 
activities that will be supported with the grant; (B) provide a 
budget; (C) include an analysis of data on child literacy and 
language and student academic achievement in reading; and (D) 
provide an assurance that all State agencies responsible for 
early learning programs and services collaborated in writing 
the plan.
    Sec. 4105(c) [Required Activities] each State educational 
agency that receives a planning grant is required to (1) review 
reading, writing, or other literacy resources and programs, and 
data to identify any literacy needs and gaps in the State and 
(2) form or designate a State literacy leadership team. The 
State literacy team shall (A) create a comprehensive State 
literacy plan; (B) provide recommendations on State literacy 
standards; (C) provide recommendations to guide the State 
educational agency's measuring, assessment, and monitoring of 
progress in literacy; (D) identify criteria for providers of 
professional development; (E) advise the State educational 
agency on ensuring that local educational agencies and schools 
provide data in a timely manner to teachers; and (F) provide 
recommendations to assist the State educational agency in 
building educators' capacity to provide literacy instruction.
    Sec. 4106 [State Implementation Grants]
    Sec. 4106(a) [Implementation Grants Authorized] authorizes 
the Secretary to award to State educational agencies 
implementation grants for up to 5 years (renewable for up to 2 
additional years if progress is made on indicators listed in 
this section) to implement the comprehensive literacy plan, 
carry out State activities, and to award subgrants.
    Sec. 4106(b) [State Applications] describes the application 
requirements for State educational agencies wishing to receive 
a grant. (2) Each application shall include: (A) a description 
of the members of the State literacy leadership team and a 
description of how the State educational agency has developed a 
comprehensive State literacy plan; (B) an implementation plan 
that includes a description of how the State educational agency 
will carry out the required State activities and provide 
assistance and accountability for eligible entities to 
implement the program; (C) a description of key data metrics 
and the performance targets for such metrics; (D) an assurance 
that the State educational agency and any eligible entity 
receiving a subgrant will participate in the national 
evaluation; (E) an assurance that the State educational agency 
will use not less than 10 percent of implementation grant funds 
for birth through kindergarten entry age programs, not less 
than 30 percent for State and local programs and activities, 
not less than 30 percent of grant funds for State and local 
programs and activities, not more than 10 percent for the State 
activities; and (F) an assurance that the State educational 
agency will give priority to subgrants based on the number or 
percentage of children from families with income levels below 
the poverty line.
    Sec. 4106(c) [Approval of Applications] requires the 
Secretary to evaluate applications based on the responsiveness 
to the application requirements and to convene a peer review 
panel to review the applications. Each State educational 
agency's application shall contain an assurance that the State 
agencies responsible for early learning programs and services 
were consulted with in implementing activities.
    Sec. 4107 [State Activities]
    Sec. 4107(a) [Required Activities] each State educational 
agency shall use implementation grant funds to carry out the 
activities proposed in a State's implementation plan, including 
by (1) providing technical assistance to eligible entities, (2) 
coordinating with institutions of higher education to improve 
pre-service preparation, (3) review and update State licensure 
or certification standards in literacy instruction, and (4) by 
sharing promising instructional practices on the State's Web 
site.
    Sec. 4107(b) [Permissive Activities] describes allowable 
State activities, which may include (1) training the personnel 
of eligible entities to use data systems to improve child 
literacy learning, (2) developing literacy coach training 
programs and training literacy coaches, (3) building public 
support among local educational agency personnel, early 
learning programs, and the community for comprehensive literacy 
instruction for children from birth through grade 12, and (4) 
administering and evaluating funded activities.
    Sec. 4108 [Subgrants to Eligible Entities in Support of 
Birth through Kindergarten Entry Literacy]
    Sec. 4108(a) [Subgrants] (1) requires the State educational 
agency to competitively award subgrants to eligible entities to 
support high-quality early literacy initiatives for children 
from birth through kindergarten entry. (2) The term of the 
grant will be determined by the State educational agency.
    Sec. 4108(b) [Sufficient Size and Scope] requires that each 
subgrant be of sufficient size and scope.
    Sec. 4108(c) [Local Applications] requires each eligible 
entity to submit an application to the State educational agency 
that includes a description of: (1) how subgrant funds will be 
used to enhance language and literacy development; (2) the 
programs the eligible entity proposes to assist; (3) a budget; 
(4) how the eligible entity will use a 1-year planning period, 
if requested; (5) the literacy initiatives in place that will 
be coordinated and integrated with activities supported by the 
grant; (6) how funds will provide professional development to 
program staff; (7) how funds will be used to provide services, 
activities and materials that are based on scientifically valid 
research to meet the diverse developmental and linguistic needs 
of children; (8) how funds will be used to provide assessments; 
(9) how families and caregivers will be involved; (10) how 
funds will be used to help children make the transition to 
elementary school; (11) how the activities will be coordinated 
with comprehensive literacy instruction in kindergarten through 
grade 12; and (12) how funds will be used to evaluate 
activities and data.
    Sec. 4108(d) [Approval of Local Applications] requires the 
State educational agency to select applications based on their 
quality and place priority in funding programs based on the 
number or percentage of children from families with income 
levels below the poverty line.
    Sec. 4108(e) [Local Uses of Funds] requires an eligible 
entity to: (1) Use grant funds to: (A) enhance and improve 
early literacy skills for children in early learning programs; 
(B) carry out professional development; (C) acquire, provide 
training for, and implement assessments; (D) select, develop, 
and implement a multi-tier system of support; (E) integrate 
research-based instructional materials, activities, tools, and 
measures into the programs offered by the eligible entity; (F) 
train providers and personnel to support, develop, and 
administer high-quality early learning literacy initiatives 
that utilize data to improve instruction, and provide time and 
support for personnel to meet to plan comprehensive literacy 
instruction; (G) provide family literacy services about child 
literacy development; (H) annually collect, summarize, and 
report to the State educational agency data on child literacy 
and language development metrics; and (I) coordinate the 
involvement of families, early learning program staff, 
principals, other instructional leaders, and teachers in 
literacy development of children served under this part. (2) 
Each eligible entity shall use no more than 20 percent of grant 
funds in the first year of the grant and no more than 10 
percent of grant funds each year thereafter to purchase 
curricula and assessment materials.
    Sec. 4108(f) [Prohibition] prohibits the use of assessment 
items and data from assessments to provide rewards or sanctions 
for children, early learning program providers, teacher, 
program directors, or principals.
    Sec. 4109 [Subgrants to Eligible Entities in Support of 
Kindergarten through Grade 12 Literacy]
    Sec. 4109(a) [Subgrants to Local Educational Agencies] 
requires the State educational agency to (1) competitively 
award subgrants to eligible entities to support high-quality 
literacy initiatives for children in kindergarten through grade 
12. Subgrants must (2) be of sufficient size and scope to carry 
out the activities described in the application. (3) Each 
eligible entity desiring a subgrant must submit an application 
that includes the following information: (A) a description of 
the capacity survey; (B) how professional development will be 
provided to teachers; (C) how schools will identify children in 
need of literacy interventions; (D) the budget for schools to 
be served by the eligible entity; (E) a description of how the 
school will integrate comprehensive literacy instruction into 
core academic subjects; (F) a description of how literacy 
instruction will be coordinated with early learning and after-
school activities; (G) a description of the assessments that 
will be used; (H) a description of how families and caregivers 
will be involved; (I) a description of how a planning period, 
if desired, will be used; (J) a description of literacy 
initiatives in place and how activities funded with the 
subgrant will be coordinated with such initiatives; and (K) an 
assurance that the eligible entity will participate in the 
national evaluation.
    Sec. 4109(b) [Local Uses of Funds for Kindergarten Through 
Grade 5] requires each eligible entity that receives a subgrant 
to use funds to carry out the following activities pertaining 
to children in kindergarten through grade 5: (1) developing and 
implementing a literacy plan across content areas that serves 
the needs of all children, provides intensive, supplemental, 
accelerated, and explicit intervention and support in reading 
and writing for children whose literacy skills are below grade 
level, and supports activities that are provided primarily 
during the regular school day; (2) acquiring, providing 
training for, selecting, and administering assessments, and 
managing, monitoring, and planning instruction based on the 
assessment data; (3) providing high-quality professional 
development opportunities; (4) training principals, specialized 
instructional support personnel, and other school district 
personnel to support, develop, administer, and evaluate high-
quality kindergarten through grade 5 literacy initiatives; (5) 
coordinating the involvement of early learning program staff in 
the literacy development of children served under this part; 
(6) engaging families and encouraging family literacy 
experiences and practices to support literacy development; and 
(7) annually collecting and reporting data.
    Sec. 4109(c) [Local Uses of Funds for Grades 6 Through 12] 
requires each eligible entity that receives a subgrant to use 
funds to carry out the following activities pertaining to 
children in grades 6 through 12: (1) developing and 
implementing a literacy plan for children in grades 6 through 
12; (2) training principals and other instructional leaders to 
support and evaluate adolescent literacy initiatives that 
utilize data, assess the quality of literacy instruction in the 
core academic subjects, provide time for teachers to plan 
literacy instruction in academic subjects, and include explicit 
instruction; and (3) coordinate the involvement of educators in 
children's literacy development.
    Sec. 4109(d) [Allowable Uses] states that eligible entities 
may use grant funds to carry out the following activities 
pertaining to children in kindergarten through grade 12: (1) 
providing a planning period of not more than 1 year for 
eligible entities; (2) recruiting, placing, training, and 
compensating literacy coaches; (3) connecting out-of-school 
learning opportunities to in-school learning to improve 
literacy achievement; (4) training families and caregivers to 
support the improvement of adolescent literacy; (5) providing 
for a multi-tier system of support; (6) forming a school 
literacy leadership team; (7) providing high-quality, literacy-
rich environments that engage children with materials and 
experiences at the children's reading and writing levels; and 
(8) providing time for teachers to meet to plan comprehensive 
literacy instruction.
    Sec. 4109(e) [Limitation of Use to Certain Schools] 
requires eligible entities to use funds to serve schools that 
have the highest percentages or numbers of children counted 
under section 1124(c).
    Sec. 4110 [National Evaluation, Information Dissemination, 
and Technical Assistance]
    Sec. 4110(a) [National Evaluation] requires (1) the 
Secretary to enter into a contract with an organization 
independent of the Department for a 5-year national evaluation 
of the grant and subgrant programs assisted under this part. It 
requires that the evaluation include scientifically valid 
research that applies rigorous and systematic procedures to 
obtain valid knowledge relevant to the implementation and 
effect of the programs. (2) The evaluation shall include an 
analysis of the following: (A) the impact of the implementation 
of literacy initiatives and practices on increased academic 
outcomes, promoting early literacy development, and 
strengthening the literacy skills of English learners and 
children with disabilities; (B) the fidelity of implementation 
of core program features; (C) the relationship between 
implementation of the core features and children's academic 
outcomes; (D) and other inquiries designated by the Secretary. 
(3) Requires the Secretary to provide the findings of the 
evaluation to grantees, make the findings publicly available, 
and submit the findings to the authorizing committees.
    Sec. 4110(b) [Information Dissemination and Technical 
Assistance] requires the Secretary, in collaboration with the 
regional educational laboratories, the comprehensive centers, 
and the Director of the National Institute of Child Health and 
Human Development to distribute information on literacy best 
practices and other information and to provide technical 
assistance and information dissemination in literacy 
instruction best practices and other information.
    Sec. 4111 [Consequences of Insufficient Progress, Reporting 
Requirements, and Conflicts of Interest]
    Sec. 4111(a) [Consequences of Insufficient Programs] allows 
the Secretary to withhold funds from a State recipient or 
eligible entity for insufficient progress.
    Sec. 4111(b) [Reporting Requirements] requires each State 
recipient to annually report to the Secretary on the (A) number 
and percentage of children reading and writing on grade level 
by the end of grade 3, (B) the percent of children served under 
the award who receive special education and related services, 
and (C) the degree of appropriate developmental progress or 
literacy achievement growth of children, disaggregated by 
subgroup. (2) Each State educational agency receiving an award 
shall periodically report to the Secretary on the State's 
progress and shall include descriptions of: (A) professional 
development activities; (B) instruction, strategies, 
activities, curricula, materials, and assessments used in 
funded programs; (C) the types of programs funded and the 
demographic information of children served by the programs; (D) 
the experience and qualifications of program staff; and (E) 
student performance on relevant program metrics. (3) Each 
eligible entity is required to submit to the State educational 
agency the information described in paragraph (2).
    Sec. 4112 [Rules of Construction] states that: (a) nothing 
in this part shall be construed to prohibit children eligible 
for assistance under title I or III or children eligible for 
assistance under the Individuals with Disabilities Education 
Act from receiving literacy instruction and intervention under 
this part; and (b) the screening assessments, diagnostic 
assessments, and formative assessments of reading and writing 
authorized under this part shall not be construed to constitute 
an evaluation required under the Individuals with Disabilities 
Education Act, except that assessments administered under this 
act may be used in conjunction with other assessments as part 
of an evaluation under the Individuals with Disabilities 
Education Act, provided that all assessment requirements of 
such act are met.

Part B--Improving Science, Technology, Engineering, and Mathematics 
        Instruction and Student Achievement

    Sections 4103 redesignates parts and sections, and amends 
title IV by inserting after part A the following:
    Sec. 4201 [Purpose] describes the four purposes of this 
part, which relate to improving student achievement in science, 
technology, engineering, and mathematics.
    Sec. 4202 [Definitions] defines terms for the purposes of 
this part, including: ``eligible entity''; ``eligible 
subgrantee''; ``outside partner''; and ``State''.
    Sec. 4203 [Grants; Allotments]
    Sec. 4203(a) [Reservations] requires the Secretary to make 
the following reservations from funds appropriated for this 
part: (A) 2 percent to carry out technical assistance to States 
and (B), in any year that State grants are distributed 
competitively (if the appropriation for this part is less than 
$500 million), 5 percent for 1-year State capacity-building 
grants.
    Sec. 4203(b) [Competitive Grants] states that: (1) if the 
appropriation for this part is equal to or exceeds $500 
million, the Secretary is required to distribute grants to 
States by formula; (2) grants shall be for a period of no more 
than 3 years; and (3) if an eligible entity makes progress on 
performance metrics the Secretary may renew the grant for an 
additional 2-year period.
    Sec. 4203(c) [Formula Grants] requires (1) the Secretary to 
award grants to States via a formula for each year the amount 
appropriated for the program is more than $500 million; (2) the 
Secretary to allot grant funds to each State based on overall 
population and poverty data; (3) that no State receive less 
than one-half of 1 percent of the total amount allotted; (4) 
that the amount allotted to the Commonwealth of Puerto Rico not 
exceed one-half of 1 percent; and (5) that the Secretary re-
allot unused funds.
    Sec. 4204 [Applications]
    Sec. 4204(a) [In General] requires each eligible entity or 
State seeking a grant under this part (whether formula or 
competitive) to submit an application to the Secretary.
    Sec. 4204(b) [Contents] requires each application to 
include a number of elements: (1) The results of a State needs 
analysis, which must include student achievement and 
achievement gap data specific to science, technology, 
engineering, and mathematics, teacher evaluations, availability 
of courses, access to courses by low-income students, Advanced 
Placement, International Baccalaureate, and postsecondary level 
course completion, remediation rates, teacher qualifications, 
shortages and distributions, quality of pre-service 
preparation, labor market needs, and an analysis of the 
implementation of any multi-tiered systems of support. (2) An 
identification of the subjects the State will address based on 
the needs assessment. (3) A description, in a manner that 
addresses any needs identified by the needs analysis, of: (A) 
how grant funds will be used to improve instruction in 
identified subjects; (B) support the employment of multi-tiered 
systems of support; (C) the process that the State or eligible 
entity will use for awarding subgrants, including how relevant 
stakeholders will be involved; (D) how the State's or eligible 
entity's activities and subgrants will be coordinated with 
other Federal, State, and local programs and activities; (E) 
the technical assistance that the State or eligible entity will 
provide to subgrantees; (F) how the State or eligible entity 
will evaluate the activities funded; (G) how the State or 
eligible entity will allocate funds in a manner that will 
provide services to both elementary schools and secondary 
schools; (H) how the State or eligible entity will provide 
targeted support to improve instruction in high-need local 
educational agencies and high-need schools; (I) how the State 
or eligible entity's proposed project will ensure an increase 
in access for students who are traditionally underrepresented 
in science, technology, engineering, and mathematics subject 
fields to high-quality courses in one or more of the identified 
subjects; and (J) how the State or eligible entity will 
continue to involve stakeholders in education reform efforts 
related to science, technology, engineering, and mathematics 
instruction. (4) The State or eligible entity is required to 
assure that implementation of approved subgrantee plans will be 
monitored.
    Sec. 4204(c) [Additional Funding] Permits a State or 
eligible entity to request to use an additional State 
activities reservation in a manner that addresses the results 
of the State's needs analysis.
    Sec. 4205 [Authorized Activities]
    Sec. 4205(a) [Required Activities] requires each State or 
eligible entity that receives a grant under this part to use 
the grant funds to carry out each of the following activities: 
(1) increase access for students through grade 12 that belong 
to groups that are traditionally underrepresented in science, 
technology, engineering, and mathematics subject fields to 
high-quality courses in the identified subjects; (2) implement 
evidence-based programs of instruction based on high quality 
standards and assessments in the identified subjects; (3) 
provide professional development and other comprehensive 
systems of support for teachers and school leaders; (4) provide 
technical assistance to subgrantees and other high-need schools 
and local educational agencies, including through the 
development and implementation of multi-tiered systems of 
support and the development of curriculum consistent with the 
principals of universal design for learning.
    Sec. 4205(b) [Permissible Activities] allows each State or 
eligible entity that receives a grant to carry out one or more 
of the following activities: (1) recruiting qualified teachers 
and instructional leaders who are trained in identified 
subjects; (2) providing induction and mentoring services to new 
teachers in identified subjects; (3) developing instructional 
supports; or (4) implementing an interdisciplinary approach, by 
integrating instruction in one or more science, technology, 
engineering, and mathematics subjects with reading, English 
language arts, or instruction in other core academic subjects 
and noncore academic subjects.
    Sec. 4205(c) [Subgrants] Requires (1) each State or 
eligible entity that receives a grant to award subgrants, on a 
competitive basis, to eligible subgrantees. (2) Each subgrant 
shall be of sufficient size and scope to support programs 
consistent with this part. (3 A-B) Each subgrant application 
shall include the following: (i) a description of the 
activities that the eligible subgrantee will carry out, and how 
such activities will improve teaching and student academic 
achievement in the identified subjects; (ii) a description of 
how the eligible subgrantee will use funds provided under this 
subsection to serve students and teachers in high-need schools; 
(iii) a description of how funds provided under this subsection 
will be coordinated with other Federal, State, and local 
programs and activities; (iv) if the eligible subgrantee is 
working with outside partners, a description of how such 
outside partners will be involved. (4) Each subgrantee is (A) 
required to carry out activities for students through grade 12, 
consistent with the activities described in the subgrantee's 
application, which shall include: (i) high-quality teacher and 
instructional leader recruitment, support, evaluation, and 
professional development in the identified subjects; (ii) 
professional development; (iii) activities to improve the 
content knowledge of teachers and facilitate professional 
collaboration; (iv) the development, adoption, and improvement 
of high-quality curricula and instructional supports that are 
aligned with State college- and career-ready academic content 
standards; (v) the development or improvement, and 
implementation, of multi-tiered systems of support; and (vi) 
integrating instruction in the identified subjects with 
instruction in reading, English language arts, or other core 
and noncore academic subjects. (B) Allows subgrantees to use 
the subgrant funds to (i) support the participation of low-
income students in nonprofit competitions related to science, 
technology, engineering, and mathematics subjects; and (ii) 
broaden secondary school students' access to, and interest in, 
careers that require academic preparation in one or more 
identified subjects. (C) Requires subgrantees collaborating 
with outside entities to obtain a 15 percent match from the 
partner. The match requirement may be waived in case of 
hardship.
    Sec. 4205(d) [State Activities] provides that (1) States 
may use not more than 5 percent of grant funds for (A) 
administrative costs; (B) monitoring the implementation of 
subgrants; (C) providing technical assistance to subgrantees; 
and (D) evaluating subgrants. (2) States may submit a request 
to the Secretary to reserve not more than 15 percent of grant 
funds for additional State activities.
    Sec. 4206(a-b) [Performance Metrics; Report] (1) requires 
the Secretary, acting through the Director of the Institute of 
Education Sciences, to establish performance metrics to 
evaluate the effectiveness of the activities carried out under 
this part. (2) Requires each grantee under this part to prepare 
and submit an annual report to the Secretary, including 
information relevant to the performance metrics.
    Sec. 4207 [Evaluation] requires the Secretary, acting 
through the Director of the Institute of Education Sciences, 
and in consultation with the Director of the National Science 
Foundation, to (1) evaluate the implementation and impact of 
the activities supported under this part, including progress 
measured by the metrics established under section 4206; (2) 
identify best practices to improve instruction in science, 
technology, engineering, and mathematics subjects; and (3) 
disseminate, in consultation with the National Science 
Foundation, research on best practices to improve instruction 
in science, technology, engineering, and mathematics subjects.
    Sec. 4208 [Supplement, Not Supplant] states that funds 
received under this part shall be used to supplement, and not 
supplant, funds that would otherwise be used for activities 
authorized under this part.
    Sec. 4209 [Maintenance of Effort] states that a State that 
receives funds under this part for a fiscal year shall maintain 
the fiscal effort provided by the State for the subjects 
supported by the funds under this part at a level equal to or 
greater than the level of such fiscal effort for the preceding 
fiscal year.

Part C--Increasing Access to a Well-Rounded Education

Section 4104 amends Title IV of ESEA by inserting after Part B the 
        following:

    Sec. 4301 [Purpose] describes the purpose of this part, 
which is to improve student achievement by giving students 
increased access to high-quality instruction for a well-rounded 
education.
    Sec. 4302 [Definitions] defines terms for the purposes of 
this part, including: ``covered subjects'', ``eligible 
entity'', ``eligible subgrantee'', and ``low-income student''.
    Sec. 4303 [Grant Program]
    Sec. 4303(a-b) [Grants to Eligible Entities; Duration] 
requires the Secretary to make grants to eligible entities for 
up to 5 years.
    Sec. 4303(c) [Payments] (1) requires the Secretary to make 
continued funding after the third year of the grant contingent 
on grantee performance. (2)(A) The grants are to be distributed 
by formula if the appropriation for this program exceeds $500 
million, and by competition if the appropriation is less than 
$500 million. (2)(B) Provides that the formula to distribute 
funds via formula be based on 80 percent child poverty and 20 
percent child population. (2)(C) Provides for a small State 
minimum of at least 1 percent of the total amount allotted to 
States and a maximum award for Puerto Rico of no more than 1 
percent of the total amount allotted to States. (2)(D) Requires 
the Secretary to establish a peer review process for 
applications submitted for formula or competitive funding.
    Sec. 4303(d) [Application] requires (1) each eligible 
entity to submit an application to the Secretary. (2) The 
application shall (A) describe the needs identified based on an 
analysis of: (i) student access to, and quality of instruction 
in, covered subjects; (ii) the capacity of high-need local 
educational agencies in such State to deliver high-quality 
instruction in covered subjects; (iii) the capacity of the 
eligible entity to provide local educational agencies with the 
support needed to deliver high-quality instruction and 
curricula in covered subjects; and (iv) standards, assessments, 
curricula, accommodations, and other supports used in such 
State in covered subjects. The application shall also: (B) 
identify the covered subjects it will address; (C) describe how 
access to courses will be increased for low-income students, 
the knowledge and skills of teachers will be evaluated and 
improved, assistance will be provided to high-need local 
educational agencies to improve student access to and 
achievement in identified subjects, and activities funded are 
evidence-based; (D) describe how activities funded by the grant 
are aligned with other Federal, State and local programs; and 
(E) describe how the eligible entity will disburse funds to 
eligible subgrantees. (3) There is a competitive priority for 
(A) interdisciplinary approaches and (B) plans that include 
expanded learning time in order to increase access to covered 
subjects.
    Sec. 4303(e) [Authorized Activities] (1) requires each 
eligible entity that receives a grant to use funds to increase 
access for low-income students to high-quality courses in the 
identified subjects by carrying out at least one of the 
following activities: (A) improve the knowledge and skills of 
teachers; (B) provide assistance to high-need local educational 
agencies to improve low-income student access to, and 
achievement in, identified subjects; and (C) develop and 
implement curricula, instructional supports and assessments in 
identified subjects. (2) Each eligible entity shall use grant 
funds to meet the needs identified in the eligible entity's 
needs analysis and the Secretary shall not require any eligible 
entity to address a specific subject. (3) Each eligible entity 
may use up to 4 percent of grant funds for administrative 
costs.
    Sec. 4303(f) [Subgrants] allows each eligible entity to 
award competitive subgrants so long as each subgrant is of 
sufficient size and scope to support programs consistent with 
this part.
    Sec. 4303(g) [Evaluation] requires the Secretary, acting 
through the Director of the Institute of Education Sciences, to 
evaluate the impact of activities supported by this part, 
identify best practices, and disseminate research on best 
practices.
    Sec. 4303(h) [Accountability] requires the Secretary, 
acting through the Director of the Institute of Education 
Sciences, to establish performance metrics to evaluate the 
outcomes of grants funded under this part. Each eligible entity 
that receives a grant is required to prepare and submit an 
annual report to the Secretary, including information about the 
performance metrics.
    Sec. 4303(i) [Supplement, Not Supplant] states that funds 
received under this part shall be used to supplement, and not 
supplant, funds that would otherwise be used for activities 
authorized under this part.
    Sec. 4303(j) [Maintenance of Effort] states that a State 
that receives funds under this part for a fiscal year shall 
maintain the fiscal effort provided by the State for the 
subjects supported by the funds under this part at a level 
equal to or greater than the level of such fiscal effort for 
the preceding fiscal year.

Part D--Successful, Safe, and Healthy Students

Section 4105 amends title IV by inserting after part C the following:

    Sec. 4401 [Purpose] states that the purpose of this part is 
to assist State educational agencies and local educational 
agencies in developing and implementing comprehensive programs 
and strategies to foster positive conditions for learning in 
public schools that (1) promote student physical health and 
well-being, nutrition, and fitness; (2) promote student mental 
health and well-being; (3) prevent school violence and 
harassment, and reduce substance abuse among students; and (4) 
promote safe and supportive schools.
    Sec. 4402 [Definitions] defines the following terms: 
``controlled substance''; ``drug''; ``drug and violence 
prevention''; ``eligible local applicant''; ``physical 
education indicators''; ``programs to promote mental health''; 
and ``programs to promote physical activity, education, fitness 
and nutrition''.
    Sec. 4403 [Reservations] states that: (1) in the first 3 
years of funding, (A) the Secretary must reserve 30 percent or 
$30 million (whichever is greater), for formula grants to 
States, in an amount proportional to each State's share under 
title I of this act to develop conditions for learning 
measurement systems and to conduct needs analyses; and (B) not 
more than 68 percent of funds shall be reserved for Successful, 
Safe and Healthy Students State grants. (2) For the fourth and 
each subsequent year, not less than 98 percent of funding will 
be provided for Successful, Safe and Healthy Students State 
grants. (3) For each year that funding is provided for this 
part, 2 percent of funds shall be reserved for technical 
assistance.
    Sec. 4404 [Successful, Safe, and Healthy Students State 
Grants]
    Sec. 4404(a) [Purpose] states that the purpose of this 
section is to provide funding to States to implement 
comprehensive programs that address conditions for learning in 
schools.
    Sec. 4404(b) [State Grants] provides that awards to States 
provided via formula, if the appropriation is at least $500 
million, be allotted by the title I, part A formula; that no 
State shall receive less than one-half of 1 percent of the 
total amount; and that Puerto Rico shall receive an amount not 
to exceed one-half of 1 percent of the total amount. Awards to 
States shall be provided via a competition, if the 
appropriation is less than $500 million, and be of sufficient 
size and scope to support grant activities.
    Sec. 4404(c) [Applications] (1) requires a State desiring a 
grant to submit an application to the Secretary that (2) 
includes the following: (A) a plan for improving conditions for 
learning in schools; (B) a needs analysis of the conditions for 
learning in schools in the State; and (C) a description of how 
the activities proposed are responsive to the results of the 
needs analysis. Each application shall also include (D) a 
description of how the State will: (i) develop, adopt, adapt, 
and implement the State's conditions for learning measurement 
system and how the State will ensure that local educational 
agencies will participate in such a system; (ii) ensure the 
reliability and validity of the State's conditions for learning 
data collection; (iii) coordinate the proposed activities with 
other Federal and State programs; (iv) assist local educational 
agencies to align activities with funds the agencies receive 
under the program with other funding sources; (v) solicit and 
approve subgrant applications; (vi) address the needs of 
diverse geographic areas in the State; (vii) provide assistance 
to local educational agencies and schools in their efforts to 
prevent and appropriately respond to incidents of harassment; 
and (viii) provide assistance to local educational agencies and 
schools in their approaches to school discipline. (3) The 
Secretary is required to establish a process to review 
submitted applications.
    Sec. 4404(d) [Duration] states that grants shall be awarded 
to a State for no more than 5 years, with an initial grant 
period of the first 3 years and a possible 2-year extension if 
the State shows sufficient improvement on performance metrics.
    Sec. 4404(e) [Reservation and Use of Funds] allows a State 
to reserve 7\1/2\ percent of grant funds for administration of 
the program, technical assistance, and the development, 
improvement, and implementation of the State's conditions for 
learning measurement system; and to use the remainder of grant 
funds to competitively award subgrants to eligible local 
applicants.
    Sec. 4404(f) [Required State Activities] requires States 
receiving a grant under this section to: (1) establish a 
statewide physical education requirement that is consistent 
with widely recognized standards; (2) require all local 
educational agencies in the State to (A) establish policies 
that prevent and prohibit conduct that is sufficiently severe, 
persistent, or pervasive to limit a student's ability to 
participate in or benefit from a program or activity of a 
public school or educational agency, or to create a hostile or 
abusive educational environment at a program or activity of a 
public school or educational agency, including acts of verbal, 
nonverbal, or physical aggression, intimidation, or hostility 
and (B) provide (i) annual notice and (ii) grievance procedures 
to parents and students; (3) develop, adapt, improve, or adopt 
and implement the statewide conditions for learning measurement 
system; (4) collect information in each year of the grant on 
the conditions for learning at the school-building level; (5) 
collect annual incident data at the school-building level that 
are accurate and complete; (6) publicly report, at the school 
level and local educational agency level, the data collected in 
the State's conditions for learning measurement system each 
year in a timely and highly accessible manner; (7) to use the 
results of the data collected in the State's conditions for 
learning measurement system to (A) identify and address 
conditions for learning statewide, (B) help subgrantees 
identify and address school and student needs, and (C) provide 
individualized assistance to schools identified under section 
1116 and schools with significant conditions for learning 
weaknesses; (8) award subgrants; and (9) monitor and provide 
technical assistance to subgrantees.
    Sec. 4404(g) [Conditions for Learning Measurement System] 
(1) requires each State that receives a grant under this part 
to establish a conditions for learning measurement system. (2) 
The conditions for learning measurement system shall: (A) 
contain, at a minimum, data collected from valid and reliable 
surveys of students and staff; (B) school-level data on (i) 
physical education indicators, (ii) student attendance and 
truancy, (iii) in-school suspensions, out-of-school 
suspensions, expulsions, referrals to law enforcement, school-
based arrests, and disciplinary transfers by student, (iv) the 
frequency, seriousness, and incidence of violence and drug-
related offenses resulting in disciplinary action in elementary 
schools and secondary schools in the State, and (v) the 
incidence and prevalence, age of onset, perception of health 
risk, and perception of social disapproval of drug use and 
violence, including harassment, by youth and school personnel 
in schools and communities; (C) collect and report data, 
including, at a minimum, the data described in clauses (ii), 
(iii), and (v) in the aggregate and disaggregated by the 
categories of race, ethnicity, gender, disability status, 
migrant status, English proficiency, and status as economically 
disadvantaged, and cross tabulated across all of such 
categories by gender and by disability; (D) protect student 
privacy; and (E) to the extent practicable, utilize a Web-based 
reporting system.
    Sec. 4404(h) [Subgrants] (1)(A) Requires a State that 
receives a grant under this section to competitively award 
subgrant to eligible local applicants (i) based on need as 
identified by the State's conditions for learning measurement 
system; (ii) that are of sufficient size and scope to enable 
subgrantees to carry out approved activities; and (iii) to 
implement programs that are comprehensive in nature, based on 
scientifically valid research, improve conditions for learning, 
and are part of a strategy to achieve all the conditions for 
learning. (B) States are required to provide assistance to 
subgrant applicants and recipients in the selection of 
scientifically valid programs and interventions. (2)(A) 
Requires States to allocate at least 20 percent of aggregate 
subgrant funds to carry out programs to promote physical 
activity, education, fitness, and nutrition. (B) This 
requirement does not mean that subgrant recipients must use 20 
percent of subgrant funds for the promotion of physical 
activity, education, fitness, and nutrition. (3) Each eligible 
local applicant that desires a subgrant shall submit an 
application to the State. (4) Requires States to prioritize 
subgrants to entities that (A) demonstrate the greatest need 
according to the results of the local needs assessment and (B) 
propose to serve schools with the highest concentrations of 
poverty. (5) Requires subgrantees to: (A) carry out activities 
that (i) are needed according to the State's conditions for 
learning measurement system, (ii) are part of a comprehensive 
strategy or framework to address such need, and (iii) that 
include (I) drug and violence prevention, (II) programs to 
promote mental health, or (III) programs to promote physical 
activity, education, fitness, and nutrition; (B) ensure that 
funded activities are based on scientifically valid research; 
(C) use school-level data to inform activities; (D) collect and 
report school-level data to the State educational agency; (E) 
establish policies to expand access to quality physical 
activity opportunities; (F) engage family members and 
community-based organizations in the grant; and (G) to consider 
and accommodate the unique needs of students with disabilities 
and English learners in implementing activities.
    Sec. 4404(i) [Accountability] (1) Requires the Secretary, 
acting through the Director of the Institute of Education 
Sciences, to establish program performance metrics to measure 
the effectiveness of the activities carried out under this 
part. (2) Requires each State that receives a grant under this 
part to prepare and submit an annual report to the Secretary, 
which shall include information relevant to the conditions for 
learning, including on progress towards meeting outcomes for 
the performance metrics.
    Sec. 4404(j) [Evaluation] requires the Secretary, acting 
through the Director of the Institute of Education Sciences, to 
conduct an evaluation of the impact of practices funded under 
this section.
    Sec. 4405 [Technical Assistance] requires the Secretary to 
provide technical assistance to applicants, recipients, and 
subgrant recipients of the programs funded under this part.
    Sec. 4406 [Prohibited Use of Funds] states that the funds 
appropriated for this program may not be used for school 
resource officers or security personnel, metal detectors, 
security cameras, or security related salaries, equipment or 
expenses; drug testing programs; or zero-tolerance discipline 
policies other than those required under the Gun-Free Schools 
act.
    Sec. 4407 [Federal and State Nondiscrimination Laws] states 
that nothing in this part invalidates or limits 
nondiscrimination principles or rights, remedies, procedures or 
legal standards available to victims of discrimination under 
any other Federal law or law of a State.

Part E--21st Century Community Learning Centers

Section 4106 amends part E of title IV, as redesignated, as follows:

    Sec. 4501 [Purpose; Definitions] is amended in subsection 
(a) with technical amendments and with two additional purposes 
as follows: (3) increase the number of hours in the traditional 
school day, week, or year; and (4) comprehensively redesign and 
implement an expanded school day, school week or school year 
schedule for all students in a high-need school. Subsection (b) 
amends the definition of ``community learning center'' to 
include providing expanded learning time programs and 
initiatives and redefines an ``eligible entity'' for the 
program as one or more high-need local educational agency in 
partnership with one or more nonprofit organizations with a 
record of success in providing programming consistent with the 
program. Rural local educational agencies that cannot find 
partner organizations in geographic proximity or of good 
quality may receive a waiver from the State educational agency.
    Sec. 4502 [Allotments to States] maintains the reservation 
for national activities and for payments to outlying areas. (b) 
As in current law, remaining funds under the part are allotted 
to States using the title I-A formula with States allowed to 
use 2 percent of their allotment for administrative costs and 3 
percent for State activities. (c) State activities have been 
expanded to include professional development; activities 
necessary to align services provided with State academic 
standards; and coordination with other Federal, State, and 
local programs.
    Sec. 4503 [State Application] (a) describes minimum 
requirements that States must submit in an application for 
funds to the Secretary. While current law is largely 
maintained, changes include: (4) States must now describe the 
grant competition it will hold to select eligible entities; (5) 
States are required to provide awards of sufficient size and 
scope to support allowable activities; (7) States must assist 
eligible entities in coordinating their funds with other 
funding streams; (8) Awards to eligible entities are now for 3 
years, with an extension of 2 additional years pending positive 
outcomes (rather than the current law 3-5 years); (11) States 
must now affirm that the application was developed in 
consultation with officials overseeing expanded and learning 
time and summer learning initiatives; (12) State needs 
assessments must now take into account the availability of 
expanded learning time; and (13) States must now describe how 
they will evaluate grantees, including benchmarks used. (b-f) 
Consistent with current law, State applications submitted to 
the Secretary in a timely manner will be deemed approved, and 
can only be disapproved after a hearing process.
    Sec. 4504 [Local Competitive Grant Program] describes the 
application that eligible entities must submit to the State. 
New elements of the local application include: (A) a 
description of the expanded learning time or summer learning 
opportunities the eligible entity will offer; (B) how 
activities will help keep students on track to college and 
career readiness; (E) an explanation of how the program will 
offer students aligned academic instruction and enrichment 
activities; (H) a description of the eligible entity's capacity 
to implement the program; and (J) a description of the 
education and training activities that teachers and program 
staff have received. The (d) permissive local match is 
eliminated. The (f) duration of awards is amended to allow an 
additional period of up to 2 years of the grant if the eligible 
entity is achieving outcomes of the grant. This section also 
includes (g) new priorities for the State to consider in 
awarding grants, including those that are based on strong 
research evidence, propose to serve the highest percentage of 
students from low-income families, demonstrate strong 
partnerships, and provide matching funds (with a scaling match 
that rises to 30 percent of the third year of the grant, and 40 
percent for each subsequent year). It specifies that the 
Department of Education cannot show preference for, or provide 
direction about whether communities use these grant funds 
expanded learning time or afterschool programs.
    Sec. 4505 [Local Activities] is amended by (a) adding high-
quality expanded learning time programs as a new allowable 
local activity and (b) describes new performance indicators for 
the grant, which the State must collect and report to the 
Secretary. The performance indicators include: the average time 
added to the school day, school week, or school year; student 
participation and attendance rates for the programs; and 
student achievement in core academic subjects and high school 
graduation rates, as applicable, for students who participate 
in such programs.

Part F--Promise Neighborhoods

Section 4107 amends title IV by inserting after part E the following:

    Sec. 4601 [Short Title] states that this part may be cited 
as the Promise Neighborhoods Act of 2011.
    Sec. 4602 [Purpose] states that the purpose of this part is 
to improve the academic outcomes, from school readiness to 
college entry and success, for children living in the Nation's 
most distressed neighborhoods, by using data-driven programs 
and existing resources to provide those children with access to 
a community-based continuum of high-quality services that 
address all the needs of such children from birth to college 
and career.
    Sec. 4603 [Definitions] defines the following terms: 
``college and career readiness'', ``community of practice'', 
``expanded learning time'', ``family and student supports'', 
``integrated student supports'', ``neighborhood'', and 
``pipeline services''.
    Sec. 4611 [Program Authorized] includes the following 
subsections: (a) establishes Promise Neighborhoods Partnership 
Grants as a competitive grant program and requires that the 
Secretary award grants of sufficient size and scope to allow 
grantees to carry out the purposes of the part; (b) specifies 
that grants are for a period of 5 years, and may be renewed 
once; (c) conditions funding after the third year upon the 
grantee meeting the performance metrics for the grant under 
sec. 4616(a); (d) requires grantees to provide matching funds 
of at least 100 percent of the grant amount; and (e) allows the 
Secretary to waive or reduce the match requirement in cases of 
significant financial hardship.
    Sec. 4612 [Eligible Entities] states that eligible entities 
for the Partnership Grants include at least one nonprofit 
entity in partnership with not less than one high-need local 
educational agency. The partnership may also include any of the 
following entities: (1) a charter school funded by the Bureau 
of Indian Education that is not a local educational agency, 
except that such school shall not be the fiscal agent for the 
eligible entity partnership; (2) an institution of higher 
education; (3) the office of a chief elected official of a unit 
of local government; and (4) an Indian tribe or tribal 
organization.
    Sec. 4613(a) [Application Requirements] describes the 
application eligible entities must complete to apply for 
Promise Neighborhoods Partnership grants.
    Sec. 4613(b) [Contents of Application] requires applicants 
to describe in detail their plan to significantly improve the 
academic outcomes of children living in the neighborhood, by 
providing a continuum of services and supports that addresses 
the needs of children in the neighborhood, as identified by a 
needs analysis and supported by evidence-based practices. 
Applicants must establish performance goals, consistent with 
the performance metrics of the program established by the 
Secretary and including plans to expand the number of children 
served over time. Applicants must also include a detailed 
description of the services to be offered and the data they 
will collect.
    Sec. 4613(c) [Memorandum of Understanding] requires each 
eligible entity to provide a preliminary memorandum of 
understanding with all partners in the grant.
    Sec. 4614 [Use of Funds] states that grantees must use 
funds to implement the pipeline services they propose in the 
application--they must spend 80 percent of their funds on these 
services--and to continuously improve and evaluate the program.
    Sec. 4615 [Report and Publicly Available Data] states that 
the grantees must report data to the Secretary on how many 
children are served; which pipeline services they access; and 
the success the program has in areas, such as narrowing 
achievement gaps, ensuring school readiness, and increasing 
high-school graduation and college entry rates. Grantees must 
make this report available to the public.
    Sec. 4616 [Accountability] states that the Secretary must 
establish performance metrics for the grant that will be used 
in the evaluation of the grant conducted under the authority 
contained in section 9601.
    Sec. 4621 [Program Authorized] includes subsection (a)(1), 
that establishes Promise Neighborhoods School Grants as a 
competitive grant program, and (a)(2), that requires that the 
Secretary award grants of sufficient size and scope to allow 
grantees to carry out the purposes of the part. Subsection (b) 
specifies that grants are for a period of 5 years, and may be 
renewed. Continued funding after the third year is dependent on 
the grantee meeting the performance metrics for the grant under 
sec. 4616(a). Grantees must provide matching funds of at least 
100 percent of the grant amount; the Secretary may waive or 
reduce the match requirement in cases of significant financial 
hardship.
    Sec. 4622 [Definition of Eligible Entity] states that 
eligible entities for the Partnership Grants include at least 
one high-need local educational agency (including charter 
schools that are their own local educational agencies under 
State law) in partnership with at least one nonprofit entity or 
institution of higher education, or a school funded by the 
Bureau of Indian Education that is a local educational agency 
in partnership with at least one nonprofit entity or 
institution of higher education.
    Sec. 4623 [Application Requirements; Priority] includes the 
following subsections: (a) describes the application eligible 
entities must complete to apply for Promise Neighborhoods 
School grants; (b) requires applicants to describe in detail 
their plan to significantly improve the academic outcomes of 
children living in the neighborhood, including the designation 
of a school-based site coordinator and performance goals, 
consistent with the performance metrics of the program 
established by the Secretary; (c) requires applicants to 
provide a preliminary memorandum of understanding including all 
partners in the grant; and (d) provides for three priorities 
for the Secretary to consider in evaluating applicants (those 
that propose to provide services across pre-kindergarten 
through grade 12, those that propose to make significant 
investments in high-quality early learning programs, and those 
that provide schools served by the grant with operational 
flexibility).
    Sec. 4624 [Use of Funds] states that grantees must use 
funds to implement the pipeline services they propose in the 
application and to continuously improve and evaluate the 
program.
    Sec. 4625 [Report and Publicly Available Data] states that 
grantees must report data to the Secretary on how many children 
are served; which pipeline services they access; and the 
success the program has in areas such as narrowing achievement 
gaps, ensuring school readiness, and increasing high-school 
graduation and college entry rates. Grantees must make this 
report available to the public.
    Sec. 4626 [Accountability] states that the Secretary will 
establish performance metrics for the grant that will be used 
in the evaluation of the grant conducted under the evaluation 
authority provided under section 9601.

Subpart 3--General Provisions

    Sec. 4631 [National Activities] states that the Secretary 
may reserve up to 5 percent of funds appropriated for this part 
(in addition to any amount reserved under the evaluation 
authority) for national activities such as research on the 
activities conducted by grantees, identification and 
dissemination of best practices, and technical assistance to 
grantees.

Part G--Parent and Family Information and Resource Centers

    Section 4108 amends title IV by inserting after part F the 
following:
    Sec. 4701 [Purpose] establishes the purpose of this 
subpart, which are to provide support to State educational 
agencies, support a community of practice related to effective 
parent and family engagement strategies and practices, and (as 
appropriate) provide information and training to local 
education agencies, schools, parents and families, and 
community members.
    Sec. 4702 [Definition of an Eligible Entity] defines the 
term ``eligible entity''.
    Sec. 4703 [Grants Authorized] includes the following 
subsections: (a) authorizes the Secretary to award competitive 
grants to eligible entities that assist State educational 
agencies in identifying and implementing effective parent, 
family, and community engagement strategies, provide technical 
assistance, training, and information to high-need schools and 
high-need local educational agencies, and strengthen 
partnerships among parents, families, community-based 
organizations, schools, employers, and other community members; 
(b) specifies that grants awarded under this subpart will be 
for 5 years, and that at least one grant will be awarded to an 
eligible entity in each State; (c) requires the Secretary to 
give priority to applicants that have a demonstrated record of 
success in increasing parent and family engagement in high-need 
schools.
    Sec. 4704 [Applications]
    Sec. 4704(a) [Submission] requires each eligible entity 
that desires a grant to submit an application to the Secretary.
    Sec. 4704(b) [Assurances] requires applicants to make 
assurances that: (1) the eligible entity is governed by a board 
of directors that includes parents, family members, and 
community stakeholders; (2) will use at least 75 percent of its 
funds to areas with a high concentration of low-income 
families; (3) will use at least 20 percent of its funds to 
establish or operate parent education programs for children 
attending early care and education programs; (4) will operate a 
parent and family information and resource center of sufficient 
size, scope, and quality; (5) will ensure that parents and 
family members have access to leadership development training; 
and (6) will demonstrate that it receives matching funds.
    Sec. 4704(c) [Contents] requires that each submitted 
application: (1) describe how the eligible entity will serve 
urban and rural areas; (2) demonstrate the eligible entity's 
effectiveness in carrying out parent and family engagement 
activities; (3) describe how the entity will leverage 
relationships with partner organizations and disseminate 
information about best practices; (4) describe how the entity 
will serve parents and family members of children attending 
high-need schools; (5) describe how the entity will support the 
State educational agency in expanding effective parent and 
family engagement strategies throughout the State; and (6) 
identify the other Federal and non-Federal programs that the 
entity will coordinate with.
    Sec. 4705 [Uses of Funds]
    Sec. 4705(a) [Required Activities] states that eligible 
entities under this program must: (1) provide technical 
assistance to State educational agencies; (2) disseminate 
information about the range of programs and resources available 
to assist local educational agency and school personnel in 
parent and family engagement; (3) coordinate parent and family 
engagement strategies with relevant Federal, State, and local 
services; (4) work with individuals and organizations with 
expertise in identifying and implementing evidence-based 
practices; (5) coordinate with early care and education 
programs related to improving school readiness expectations 
among parents and families; and (6) Implement parent institutes 
or other leadership development strategies.
    Sec. 4705(b) [Permissive Activities] states that eligible 
entities may use grant funds to: (1) assist parents and family 
members directly; (2) develop and disseminate templates for 
schools and local educational agencies to use to provide 
information about curricula and academic expectations to 
parents and family members; (3) provide training and 
information to organizations that support partnerships among 
schools, parents, family members, and district-wide parent 
advisory committees, as applicable; and (4) provide 
professional development.
    Sec. 4706 [Administrative Provisions]
    Sec. 4706(a) [Matching Funds for Grant Approval] requires 
that grantees demonstrate to the Secretary that a portion of 
the services provided are supported by non-Federal funds.
    Sec. 4706(b) [Performance Accountability] requires grantees 
to: (1) report on an annual basis on several indicators, 
including the number of local educational agencies that 
received assistance, the number of parents and family members 
who participated in activities, and outcomes of parent and 
family engagement activities; and (2) establish, in 
consultation with the Secretary, performance goals. If an 
entity fails to meet its goals for 2 consecutive years, the 
grant will be terminated.
    Sec. 4706(c) [Report to Congress] requires the Secretary to 
submit a report to the authorizing committees describing the 
activities of entities supported under this subpart and the 
best practices they have discovered.
    Sec. 4706(d) [Rule of Construction] states that, consistent 
with current law, employees of grantees may meet with parents 
and family members not on school grounds and work with other 
nonprofit agencies that serve children.
    Sec. 4706(e) [Parental Rights] states that, consistent with 
current law, no individual will be required to participate in 
any activities supported under this subpart and that no 
grantees may take actions that infringe on the right of parents 
to direct the education of their children.

Part I--Programs of National Significance

Section 4108 [Programs of National Significance] makes a number of 
        technical amendments and redesignations to current law and 
        inserts in section 4901, as redesignated, the following:

    Sec. 4901 [Programs Authorized]
    Sec. 4901(a) [Authorization] states that the Secretary is 
authorized to support nationally significant programs. All of 
these programs must have the aim of helping all children meet 
college- and career-ready academic content standards and 
college- and career-ready student academic achievement 
standards. As in current law, the Secretary may carry out 
programs directly or by grant or contract.
    Sec. 4901(b) [Uses of Funds] states that nonprofit entities 
receiving funds under this section must use the funds to carry 
out one of the following activities: (1) providing funding for 
economically disadvantaged students, including students from 
military families and recent immigrants, and their teachers, to 
participate in programs based in Washington, DC, that increase 
civic responsibility and understanding of the Federal 
Government among young people; (2) developing, implementing, 
evaluating, and disseminating innovative, research-based 
approaches to civic learning for low-income elementary school 
and secondary school students; (3) supporting a national 
principal and teacher certification process that provides a 
framework for measuring and improving teaching and 
instructional leadership with a focus on educators working in 
schools that are eligible for funding under part A of title I; 
(4) creating a national teacher corps of outstanding college 
graduates to teach in underserved communities; (5) supporting a 
national network of providers of high-quality, evidence-based 
professional development in writing instruction for teachers 
across all academic subjects and grades; (6) encouraging 
parents and caregivers to read aloud to their children by 
supporting programs through which, during pediatric exams, 
doctors and nurses train parents and caregivers who may not be 
skilled readers; (7) preparing young children from low-income 
families for reading success by the third grade by distributing 
inexpensive books and through other activities; (8) supporting 
projects that encourage the involvement of persons with 
disabilities in the arts, by increasing access to all forms of 
the arts for all persons and fostering a greater awareness of 
the need for arts programs for individuals with disabilities; 
(9) implementing a coordinated program of scientifically based 
research, demonstration projects, innovative strategies, and 
professional development for teachers and other instructional 
leaders working in high-poverty schools to enhance the ability 
of educators to meet the special educational needs of gifted 
and talented students and prioritize students who have been 
underrepresented in gifted education programs; (10) promoting 
gender equity in education by supporting educational agencies 
and institutions in meeting the requirements of Title IX of the 
Education Amendments of 1972; and (11) other high quality, 
nationally significant programs that meet the purposes of this 
act.

                     Title V: Promoting Innovation


Section 5001 [Promoting Innovation] changes the title heading as 
        follows:

Title V--Promoting Innovation

Part A--Race to the Top

Section 5101 amends part A of title V as follows:

    Sec. 5101 [Purposes] establishes that the purposes of this 
part are to provide incentives for States and high-need local 
educational agencies to implement comprehensive reforms and 
innovative strategies that are designed to lead to improvements 
in outcomes for all students and significant reductions in 
achievement gaps between the groups of students described in 
section 1111(a)(2)(B)(ix).
    Sec. 5102 [Reservation of Funds] states that the Secretary 
may reserve not more than 5 percent to carry out activities 
related to technical assistance, outreach, and dissemination.
    Sec. 5103 [Race to the Top Program]
    Sec. 5103(a)(1) [Program Authorized; In General] 
establishes that each fiscal year for which funds are 
appropriated, the Secretary will determine the goals that are 
the greatest priority and award grants, through a grant 
competition, to eligible entities to carry out comprehensive 
reforms and innovative strategies.
    Sec. 5103(a)(2)(A-B) [Selection of Goals and Categories of 
Entities] states that (A) the Secretary will determine one or 
more categories of entities that may apply for and receive the 
grants through such grant competition, and one or more goals to 
be supported under the grants. (B) Information regarding the 
selections of goals and categories of entities for an upcoming 
grant competition will be made widely available and provide 
applicants with sufficient time to apply.
    Sec. 5103(a)(3)(A-D) [Eligible Entities] defines the 
categories of entities that may be selected for grants under 
this part.
    Sec. 5103(a)(4)(A-G) [Educational Goals] states that the 
goals that will be supported through grants include the 
following: (A) increasing the access of children from low-
income families to highly rated teachers and school leaders; 
(B) strengthening the availability and use of high-quality and 
timely data; (C) implementing (i) college- and career-ready 
academic standards that prepare students to be college- and 
career-ready and (ii) strategies that translate such standards 
into classroom practice; (D) turning around persistently low-
performing schools; (E) creating conditions for the creation, 
expansion, and replication of high-performing public charter 
and other autonomous schools that will enroll a large 
percentage of students from low-income families; (F) providing 
more equitable State and local resources to high-poverty 
schools; and (G) improving school readiness by (i) increasing 
enrollment of children from low-income families in high-quality 
early childhood education and care programs, and (ii) designing 
and implementing an integrated system of high-quality programs 
and services.
    Sec. 5103(b)(1-2) [Duration of Grants] states that: (1) 
each grant shall be for a period of not more than 4 years; and 
(2) before receiving funding for the second or any subsequent 
year, the eligible entity shall demonstrate to the Secretary 
that it is (A) making progress in implementing the plan at a 
rate that the Secretary determines will result in full 
implementation of the plan during the remainder of the grant 
period; and (B) making progress at a rate that the Secretary 
determines will result in reaching the targets and achieving 
the objectives of the grant on time.
    Sec. 5103(c) [Interagency Agreement] states that the 
Secretary will establish an interagency agreement with the 
Secretary of Health and Human Services to jointly administer 
any grant competition to improve early childhood education and 
care.
    Section 5104 [Application Process]
    Sec. 5104(a)(1-6) [In General] states that each eligible 
entity that desires to receive a grant must submit an 
application, and that each application must include the 
following: (1) documentation of the eligible entity's record in 
areas to be measured by the Secretary's identified performance 
measures; (2) evidence of conditions of innovation and reform; 
(3) a comprehensive and coherent plan for using funds to 
improve performance; (4) in the case of an eligible entity that 
is a State or a consortium of States, evidence of collaboration 
among the eligible entity, other local educational agencies, 
schools expected to benefit, and other stakeholders; (5) in the 
case of an eligible entity that is a high-need local 
educational agency or a consortium of such agencies, evidence 
of collaboration by the eligible entity with its school 
leaders, teachers, parents, and other stakeholders; and (6) 
annual performance measures and targets.
    Sec. 5104(b)(1-2) [Criteria for Evaluating Applications] 
establishes that (1) the Secretary is required: (1) to award 
grants, on a competitive basis, based on the quality of the 
applications; and (2) to publish an explanation of how the 
application review process will ensure an equitable, 
transparent, and objective evaluation.
    Sec. 5104(c)(1-2) [Priority] dictates that, in awarding 
grants, the Secretary will give priority to (1) high-need rural 
local educational agencies, and (2) for any grant competition 
for improving early childhood care and education to any 
eligible entity that provides a full-day kindergarten program.
    Sec. 5105 [Performance Measures] requires each grantee to 
establish annual performance measures and targets for the 
programs and activities carried out under this part, including 
to: (1) track its progress in implementing its plan and (2) 
make progress on any other performance measure identified by 
the Secretary.
    Section 5106 [Uses of Funds]
    Sec. 5106(a)(1)(A-B) [Use of State Grant Funds] states that 
each State and consortium of States that receives a grant must: 
(A) use not less than 50 percent of the grant funds to award 
subgrants to the local educational agencies that will 
participate in the plan for any purpose included in the plan; 
and (B) use any remaining amount for any purpose included in 
the plan.
    Sec. 5106(a)(2) [Amount of Subgrants] states that the 
amount of a subgrant under paragraph (1)(A) for a local 
educational agency shall bear the same relation to its title I 
part A allocation for the most recent year for which such data 
is available among participating local educational agencies.
    Sec. 5106(a)(3)(A-B) [Exception] establishes that each 
State and consortium of States that receives a grant for the 
goal of improving early childhood care and education, will not 
be subject to the requirements of paragraph (1)(A) and may use 
grant funds to award subgrants to public or private nonprofit 
agencies and organizations for activities consistent with any 
purpose included in its plan.
    Sec. 5106(b) [Use of Subgrant Funds] establishes that each 
local educational agency or public or private nonprofit agency 
or organization that receives a subgrant under paragraph (1)(A) 
or (3)(B) of section (a) shall use subgrant funds for any 
purpose included in the eligible entity's plan, subject to any 
requirements of the eligible entity.
    Sec. 5106(c) [Use of High-need Local Educational Agency 
Grant Funds] Each high-need local educational agency and 
consortium of high-need local educational agencies that 
receives a grant shall use such funds for any purpose included 
in its plan.
    Sec. 5106(d)(1-2) [Special Rule] states that: (1) 
notwithstanding any other provision of this section, grant or 
subgrant funds under this part shall only be used to fund a 
program or activity that is an allowable use of funds under 
another section of this act, the Individuals with Disabilities 
Education Act, the Adult Education and Family Literacy Act, or 
the Carl D. Perkins Career and Technical Education Act of 2006, 
except that grant or subgrant funds for the goal of improving 
early childhood care and education may also be used to fund a 
program or activity that is an allowable use of funds under the 
Head Start Act, or the Child Care and Development Block Grant 
Act of 1990; and (2) establishes that grant or subgrant funds 
under this part that are used to improve early childhood 
education and care programs shall not be used to carry out: (A) 
assessments that provide rewards or sanctions for individual 
children or teachers; (B) a single assessment that is used as 
the primary or sole method for assessing program effectiveness; 
or (C) evaluating children, other than for the purposes of 
improving instruction, classroom environment, professional 
development, or parent and family engagement, or program 
improvement.
    Section 5107 [Reporting]
    Sec. 5107(a)(1-2) [Annual Report] establishes that an 
eligible entity that receives a grant is required to submit to 
the Secretary an annual report including, at a minimum, (1) 
data on the eligible entity's progress in achieving the targets 
for the annual performance measures and targets and (2) a 
description of the challenges the eligible entity has faced in 
implementing its program under this part.
    Sec. 5107(b) [Local Report] states that each local 
educational agency and each public or private nonprofit agency 
or organization that receives a subgrant shall submit to the 
eligible entity such information as the eligible entity may 
require to complete its annual report.

Part B--Investing in Innovation

Section 5201 amends part B of title V as follows:

    Sec. 5201(1-2) [Purposes] states that the purposes of this 
part are to (1) fund the identification, development, 
evaluation, and expansion of innovative, research- and 
evidence-based practices, programs, and strategies in order to 
significantly (A) increase student academic achievement and 
close achievement gaps; (B) increase high school graduation 
rates; (C) increase college enrollment rates and rates of 
college persistence; (D) improve teacher and school leader 
effectiveness; and (E) improve school readiness and strengthen 
collaboration and coordination among elementary schools and 
early childhood care and education; and (2) support the rapid 
development, expansion, adoption, and implementation of tools 
and resources that improve the efficiency, effectiveness, or 
pace of adoption of such educational practices, programs, and 
strategies.
    Sec. 5202(a-c) [Reservations] allows the Secretary to (a) 
reserve up to 30 percent of the funds appropriated for this 
program for each fiscal year to carry out the activities of the 
Advanced Research Projects Agency--Education, up to 
$100,000,000. (b) It also permits the Secretary to reserve not 
more than 5 percent of funds appropriated for any fiscal year 
to carry out activities of national significance.
    Sec. 5203(a-b) [Program Authorized; Length of Grants; 
Priorities] (a)(1) requires that the Secretary award grants to 
eligible entities on a competitive basis and (2) defines the 
term ``eligible entity''. (b) The Secretary must award grants 
under this part for a period of not more than 3 years; and may 
extend such grants for an additional 2-year period if the 
grantee demonstrates to the Secretary that it is making 
significant progress on the program performance measures.
    Sec. 5203(c)(1-2) [Rural Set-aside] requires the Secretary 
to ensure that not less than 22 percent of the funds awarded 
are for projects that meet both of the following requirements: 
(1) the eligible entity includes (A) a local educational agency 
with an urban-centric district locale code of 32, 33, 41, 42, 
or 43, (B) a consortium of such local educational agencies, or 
(C) if the applicant is a partnership, an educational service 
agency or a nonprofit organization with demonstrated expertise 
in serving students from rural areas; and (2) a majority of the 
schools to be served by the project are designated with a 
school locale code of 41, 42, or 43, or a combination of such 
codes and (A) are served by a local educational agency in which 
20 percent or more of the children ages 5 through 17 years old 
are from families with income below the poverty line; (B) are 
served by a local educational agency in which 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 
(C) are served by a local educational agency located in a 
county that has a total population density of fewer than 10 
persons per square mile.
    Sec. 5203(d) [Priorities] requires the Secretary, in 
awarding grants under this part, to give priority to an 
eligible entity that includes a plan to (1) address the needs 
of high-need local educational agencies; (2) improve school 
readiness; or (3) address the unique learning needs of students 
who are children with disabilities or English learners.
    Sec. 5203(e) [Standards of Evidence] requires the Secretary 
to establish standards for the quality of evidence that an 
applicant must provide. These standards must include (1) strong 
evidence that the activities proposed by the applicant will 
have a statistically significant effect on student outcomes; 
(2) moderate evidence that the activities proposed by the 
applicant will improve outcomes; and (3) a rationale based on 
research findings or a reasonable hypothesis that the 
activities proposed by the applicant will improve student 
outcomes.
    Sec. 5203(f) [Support for New Practices, Strategies, or 
Programs] requires the Secretary to ensure that not less than 
one-half of the funds awarded under subsection (a) for any 
fiscal year are for projects that only meet an evidence 
standard described in paragraph (2) or (3) of subsection (e) as 
long as a sufficient number of high quality applications are 
received.
    Sec. 5204(1-10) [Applications] requires each eligible 
entity to submit an application to the Secretary. At a minimum, 
each application shall: (1) describe the project and how the 
evidence supporting that project meets the established evidence 
standards; (2) describe how the applicant will address at least 
one of the areas described in section 5205(a)(1); (3) provide 
an estimate of the number of children that the applicant plans 
to serve under the proposed project; (4) demonstrate that the 
applicant has established one or more partnerships with public 
or private organizations and that the partner or partners will 
provide matching funds; (5) describe the applicant's plan for 
continuing the proposed project after funding under this part 
ends; (6) if the applicant is a local educational agency, (A) 
document the local educational agency's record during the 
previous 3 years in (i) increasing student achievement and (ii) 
closing achievement gaps; and (B) demonstrate how the local 
educational agency has made significant improvements in other 
outcomes on the performance measures described in section 5206; 
(7) if the applicant is a partnership that includes a nonprofit 
organization, provide evidence that the nonprofit organization 
has helped at least one school or local educational agency, 
during the previous 3 years, significantly (A) increase student 
achievement and (B) close achievement gaps; (8) provide a 
description of the applicant's plan for independently 
evaluating the effectiveness of activities carried out with 
funds under this part; (9) provide an assurance that the 
applicant will (A) cooperate with evaluations, as requested by 
the Secretary; (B) make data available to third parties for 
validation and further study, and (C) participate in 
communities of practice; and (10) if the applicant is a 
partnership that includes a nonprofit organization that intends 
to make subgrants, provide an assurance that the applicant will 
apply paragraphs (1) through (9), as appropriate, in its 
selection of subgrantees and in its oversight of those 
subgrants.
    Sec. 5205(a)(1) [Mandatory Use of Funds] requires that each 
eligible entity that receives a grant must (1) (A) use the 
grant funds to carry out, at a minimum, one of the following 
activities: (i) improving the effectiveness of teachers and 
school leaders and increasing equity in the distribution of 
effective teachers and school leaders; (ii) strengthening the 
use of data to improve teaching and learning; (iii) providing 
high-quality instruction based on college- and career-ready 
standards and measuring students' mastery of standards using 
high-quality assessments aligned with those standards; (iv) 
turning around the lowest-performing schools; (v) improving 
school readiness for students who are low-income, English 
learners, and children with disabilities; or (vi) other areas 
relating to school improvement consistent with the purposes of 
this part, as determined by the Secretary. In addition, (B) an 
eligible entity receiving grant funds under this part may use 
the grant funds to develop or expand strategies to improve the 
performance of high-need students on the performance measures 
described in section 5206.
    Sec. 5205(a)(2) [Permissive Use of Funds]--permits each 
eligible entity that receives a grant under this part to use 
the grant funds for an independent evaluation of the innovative 
practice carried out with the grant.
    Sec. 5205(b) [Authority to Subgrant]--(1) If an eligible 
entity that receives a grant under this part includes a 
nonprofit organization, the nonprofit organization may use the 
grant funds to award subgrants to other entities to provide 
support to one or more schools or local educational agencies, 
and (2) each entity awarded a subgrant shall comply with the 
requirements of this part relating to grantees, as appropriate.
    Sec. 5206 [Performance Measures] requires the Secretary to 
establish performance measures for the programs and activities 
carried out under this part, which must, at a minimum, track 
the grantee's progress in improving outcomes for each subgroup 
of students described in section 1111(b)(2)(C)(v) that is 
served by the grantee.
    Sec. 5207 [Reporting] requires that an eligible entity that 
receives a grant under this part submit to the Secretary, at 
such time and in such manner as the Secretary may require, an 
annual report that includes, among other things, information on 
the entity's progress on the performance measures established 
under section 5206, and the data supporting that progress.

Part C--Magnet Schools Assistance

Sections 5301 amends sections 5301-5311 as follows:

    Sec. 5301(a) [Findings and Purpose] is amended by updating 
(2) to state that the use of magnet schools has increased 
dramatically since the inception of the magnet schools 
assistance program under this act, with more than 1,500,000 
students nationwide attending such schools. Paragraph (4)(B) is 
also amended as follows: to ensure that all students have 
equitable access to a high-quality public education that will 
prepare them to succeed in a highly competitive economy 
comprised of people from many different racial and ethnic 
backgrounds.
    Sec. 5301(b) [Purpose] is amended in (2) by including whole 
school programs and by updating language related to standards. 
Paragraphs (3) and (4) are struck and replaced as follows: (3) 
the development and design of evidence-based educational 
methods and practices that promote diversity and increase high-
quality public educational options; and (4) courses of 
instruction within magnet schools that will substantially 
increase the college- and career-readiness of students 
attending such schools.
    Sec. 5303 [Program Authorized] is amended to clarify that 
the Secretary shall award grants on a competitive basis.
    Sec. 5305 [Applications and Requirements] is amended by 
striking the current application requirements and inserting a 
new (b) that requires each application to include the 
following: (1) A description of (A) how a grant awarded under 
this part will be used to (i) improve student academic 
achievement for all students and subgroups of students and (ii) 
promote desegregation; (B) (i) description of the evidence that 
the magnet school program that the applicant proposes to 
implement would improve student academic achievement and reduce 
minority group isolation, or (ii) if such evidence is not 
available, a rationale, based on current research findings, for 
how the program would improve student academic achievement and 
reduce minority group isolation; (C) how the applicant will 
continue the magnet school program after assistance under this 
part is no longer available; (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; (E) the student application 
process, and selection criteria, if any, to be used by the 
proposed magnet school program; (F) how the applicant will 
conduct outreach and disseminate information about the proposed 
magnet school program; and (G) how the applicant will assess, 
monitor, and evaluate the impact of the activities funded under 
this part on student academic achievement and integration; and 
(2)(A-E) assurances that the applicant will use grant funds 
under this part for the purpose specified in section 5301(b); 
employ highly rated school leaders and teachers in the courses 
of instruction assisted under this part; not engage in 
discrimination based on race, religion, color, national origin, 
sex, or disability; carry out a high quality program that will 
result in greater family engagement; and 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. It also specifies 
that no grant will be awarded under this part unless the 
Assistant Secretary of Education for Civil Rights determines 
that the required assurances are being met.
    Section 5304 [Priority] amends section 5306 as follows:
    Sec. 5306(1-4) [Priority] requires the Secretary to give 
priority to grant applicants that (1) have the highest quality 
applications or 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, significantly revise existing magnet school 
programs, or significantly expand magnet school programs, in a 
manner that (A) is aligned with other programs that have 
demonstrated a record of success in increasing student academic 
achievement and reducing minority group isolation or (B) has a 
strong research basis for improving student academic 
achievement and reducing minority group isolation; (3) select, 
or propose to select, students to attend magnet school programs 
solely or primarily by lottery, rather than through academic 
examination or other selective enrollment methods; and (4) 
propose to serve the entire student population of a school.
    Sec. 5305 [Use of Funds] amends section 5307 as follows:
    Sec. 5307(a)(1-7) [Use of Funds] amends current law to 
specify that grant funds may be used by a eligible local 
educational agencies, or consortium of such agencies as 
follows: (1) for planning, outreach, 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, educational 
technology, materials, and equipment necessary to conduct 
magnet school programs; (3) for (A) the compensation, or 
subsidization of the compensation, of elementary and secondary 
school teachers, leaders, and other instructional staff who are 
highly rated; and (B) high-quality professional development and 
staff capacity-building activities; (4) with respect to a 
magnet school program offered to less than the entire student 
population of a school, for instructional activities that 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; (5) for activities; (6) to enable the local 
educational agency, or consortium of such agencies, to have 
more flexibility in designing magnet schools for students in 
all grades; and (7) for other operational costs that cannot be 
met with other State or local sources.
    Sec. 5307(b) [Special Rule] is amended to update language 
related to standards.
    Section 5306 [Limitations] amends section 5309 as follows:
    Sec. 5309 [Limitations] (a) is amended to state that a 
grant must be awarded for an initial period of no more than 3 
years, but may be renewed for no more than an additional 2 
years if the Secretary finds that the grantee is achieving the 
intended outcomes, shows improvement in student achievement, 
and reduces minority-group isolation, and other indicators of 
success established by the Secretary. (b) Is also amended by 
changing the percentage of funding grantees are allowed to use 
for planning to 40 percent of the grant funds received for the 
first year on planning of the program and 10 percent of funds 
received during the second and third years.
    Section 5307 [Evaluations] amends section 5310 to as 
follows:
    Sec. 5310(a-b) [Evaluations] specifies that from the amount 
reserved for evaluation activities in accordance with section 
9601(a), the Secretary, acting through the Director of the 
Institute of Education Sciences, must evaluate the 
implementation and impact of the activities supported under 
this part.
    Section 5308 [Availability of Funds for Grants to Agencies 
not Previously Assisted] amends section 5311 as follows:
    Sec. 5311 [Availability of Funds for Grants to Agencies Not 
Previously Assisted] provides that, in any fiscal year for 
which the amount appropriated for the program exceeds 
$75,000,000, the Secretary must give priority in using such 
amounts in excess of $75,000,000 to awarding grants to local 
educational agencies or a consortia of agencies that did not 
receive a grant under this part in the preceding year.

Part D--Public Charter Schools

    Section 5401 amends part D of title V as follows:
    Sec. 5401 [Purpose] states that the purpose of this part is 
to support the creation, expansion, and replication of high-
performing charter schools that serve the needs and increase 
the academic achievement of all students.
    Sec. 5402(1-2) [Distribution of Funds] establishes that 
from the funds appropriated for this part in a fiscal year, 85 
percent shall be available to carry out subpart 1 and 15 
percent shall be available to carry out subpart 2.
    Sec. 5411 [Definitions] defines the following terms: 
``charter school'', ``charter school authorizer'', 
``developer'', ``eligible entity'', ``expand'', ``high-
performing charter school'', and ``replicate''.
    Sec. 5412 [Program Authorized]
    Sec. 5412(a) [In General] states that the Secretary will 
award competitive grants to eligible entities to enable such 
eligible entities to award subgrants to developers to create, 
expand, or replicate one or more high-performing charter 
schools, including through conversion of an existing school 
into a charter school.
    Sec. 5412(b) [Allocations] establishes that the Secretary 
will use not less than 65 percent of funds to award grants to 
State educational agencies.
    Sec. 5412(c)(1-2) [Considerations] establishes that, in 
awarding the grants, the Secretary will consider the geographic 
diversity of eligible entities and the number of eligible 
entities in a State that are receiving grants in any fiscal 
year.
    Sec. 5412(d) [Grant Amount]
    Sec. 5412(d)(1)(A-C) states that, in determining each grant 
amount, the Secretary will consider: (A) the number of charter 
schools under the jurisdiction of the eligible entity; (B) the 
number of students, including students on charter school 
waiting lists, that will be served by charter schools that 
receive funds under this subpart; and (C) the amount of funds 
that is needed to implement the proposed activities.
    Sec. 5412(e) [Duration]
    Sec. 5412(e)(1) [In General] directs that the Secretary 
will award each grant for an initial period of not more than 3 
years.
    Sec. 5412(e)(2) [Renewal] states that the Secretary may 
renew a grant for an additional period of not more than 2 
years, if the eligible entity is achieving the objectives of 
the grant and has shown improvement on specified performance 
measures.
    Sec. 5412(f)(1-2) [Limitations] establishes that an 
eligible entity may not receive more than one grant at a time 
and a developer may not receive more than one subgrant at a 
time.
    Sec. 5412(g) [Reservations]
    Sec. 5412(g)(1-2) [Administrative Expenses; Improving 
Authorizer Quality] states that (1) an eligible entity that 
receives a grant may use not more than 5 percent of grant funds 
for administrative expenses associated with the grant; and (2) 
an authorizer that receives a grant under this subpart will use 
5 percent of grant funds for improvements to charter school 
oversight and monitoring systems.
    Sec. 5412(h) [Waiver] states that the Secretary may waive a 
statutory requirement if the waiver is requested in an approved 
application and the Secretary determines the waiver will 
promote the purpose of this subpart.
    Sec. 5413 [Applications]
    Sec. 5413(a) [In General] mandates that each eligible 
entity seeking a grant will submit an application to the 
Secretary.
    Sec. 5413(b) [Contents]
    Sec. 5413(b)(1)(A-K) [Eligible Entities] dictates that the 
application of any eligible entity must include a description 
of: (A) how the eligible entity will use the grant; (B) the 
need for the high-performing charter schools; (C) the 
performance measures used to measure outcomes; (D) how the 
eligible entity will provide clear information to parents, 
families, and students regarding available charter school 
options; (E) how the eligible entity will coordinate grant 
funds; (F) how the eligible entity will ensure that each 
charter school (i) meets the requirements of the charter school 
definition and (ii) provides equitable access, implements 
recruitment and outreach programs to include, and effectively 
serves the needs of, all students and subgroups; (G) how the 
eligible entity will award subgrants through a high-quality 
competition; (H) how the eligible entity will target subgrants 
to charter schools serving students who attend schools 
identified through the State accountability system; (I) the 
eligible entity's record of success in creating, expanding, 
replicating, managing, and overseeing high-performing charter 
schools, and closing unsuccessful schools; (J) how the eligible 
entity will hold charter schools accountable if such schools do 
not meet their performance contract objectives; and (K) how 
charter school authorizers are approved and held accountable 
for establishing high standards, and are periodically reviewed 
on charter school performance, including in areas of student 
safety, financial management, and compliance.
    Sec. 5413(b)(2)(A-C) [State Educational Agencies] states 
that each State educational agency must include in its 
application information on: (A) The State's laws or policies 
that address: (i) how decisions are made regarding the closure 
of unsuccessful charter schools, and how student academic 
achievement and growth is a primary factor in such decisions; 
(ii) how charter schools are held accountable for meeting the 
requirements of the charter school definition and for 
effectively serving the needs of all students and subgroups; 
(iii) and how a charter school will comply with subsections 
(a)(5) and (e)(1)(B) of section 613 of the Individuals with 
Disabilities Education act; (B) the eligible entity's record of 
funding charter schools, including facilities; and (C) the 
number of charter schools in the State that (i) have been 
closed or not renewed in the preceding 5 years, and the reasons 
for such closures, revocations, or non-renewals, (ii) have been 
identified through the State accountability system in the 
preceding 5-year period, (iii) have met performance contract 
objectives, and (iv) are high-performing charter schools.
    Sec. 5413(b)(3)(A-C) [Local Educational Agencies] 
establishes that each local educational agency must include in 
its application information on its policies and procedures for: 
(A) ensuring that charter schools have equitable access to 
school facilities; (b) complying with subsections (a)(5) and 
(e)(1)(B) of section 613 of the Individuals with Disabilities 
Act; and (c) supporting public school choice.
    Sec. 5413(b)(4) [Charter School Authorizers] states that 
each charter school authorizer must include in its application: 
(A) a demonstration that it has explicit policies for the 
approval, monitoring, renewal, and closure of charter schools, 
that make student academic achievement, for all students and 
subgroups, a primary factor in such decisions; (B) a 
description of how the eligible entity will make publicly 
available (i) decisionmaking criteria and procedures, and (ii) 
the results of such decisions; and (C) information about the 
number of charter schools that (i) the charter school 
authorizer has authorized that have been closed or have not 
been renewed in the preceding 5 years, and the reasons for such 
closures, revocations, or non-renewals, (ii) have been 
identified through the State accountability system in the 
preceding 5-year period, (iii) have met performance contract 
objectives, and (iv) are high-performing charter schools.
    Sec. 5413(b)(5)(A-B) [Charter Management Organizations] 
establishes that each charter management organization must 
include in its application (A) the qualifications of the 
eligible entity's management team, and (B) a multi-year 
financial and operating model for each of the high-performing 
charter schools that the eligible entity intends to create, 
expand, or replicate under the grant.
    Sec. 5413(b)(6) [Special Rule] describes the circumstances 
under which the Secretary may award a grant to a charter school 
developer that plans to open a charter school in a jurisdiction 
where no eligible entity will be awarding subgrants for the 
fiscal year for which the charter school developer applies.
    Sec. 5414 [Selection Criteria; Priority]
    Sec. 5414(a) [Selection Criteria]
    Sec. 5414(a)(1)(A-F) [In General] establishes that, in 
awarding grants, the Secretary will consider the following: (A) 
the quality of the application; (B) the eligible entity's 
record, if applicable, of success in creating, expanding, 
replicating, managing, and overseeing high-performing charter 
schools; (C) the eligible entity's record of discontinuing 
funding or closing low-performing charter schools in the past 
and its commitment to do so in the future; (D) the extent to 
which the eligible entity demonstrates it will award subgrants 
targeted to serve students at schools that have been identified 
through the State accountability system; (E) the quality of the 
plan for supporting subgrant recipients to (i) improve academic 
achievement for all students and subgroups, and (ii) promote 
effective outreach to and recruitment of, students with 
disabilities and English learners, and their parents; and (F) 
the extent to which the State provides for and enforces high-
quality standards for charter school authorizers.
    Sec. 5414(a)(2)(A-B) [State Educational Agencies] dictates 
that, in reviewing applications from State educational 
agencies, the Secretary will also consider the extent to which 
they (A) ensure that charter schools receive equitable funding, 
including equitable State funding to support early childhood 
education and care programs operated by charter schools in the 
State; and (B) provide charter schools with equitable access to 
funds for facilities.
    Sec. 5414(a)(3)(A-B) [Local Educational Agencies] dictates 
that, in reviewing applications from local educational 
agencies, the Secretary will also consider the extent to which 
they (A) have policies in place to ensure that (i) charter 
schools have equitable access to school facilities, or that 
(ii) charter schools are not denied access to public school 
facilities; and (B) demonstrate support for public school 
choice.
    Sec. 5414(a)(4)(A-B) [Charter School Authorizers] states 
that, in reviewing applications from charter school 
authorizers, the Secretary will also consider their record of 
success in authorizing high-performing charter schools.
    Sec. 5414(a)(5)(A-B) [Charter Management Organizations] 
states that, in reviewing applications from charter management 
organizations, the Secretary will also consider the quality of 
the eligible entity's management team and its multi-year 
financial and operating model.
    Sec. 5414(b) Priority
    Sec. 5414(b)(1) [Students from Low-Income Families] 
establishes that the Secretary will give priority to eligible 
entities that propose to create, expand, or replicate high-
performing charter schools that enroll a large percentage of 
students from low-income families.
    Sec. 5414(b)(2) [Diversity] states that the Secretary may 
give priority to eligible entities that propose to create, 
expand, or replicate a charter school that will have a diverse 
student population.
    Sec. 5414(b)(3)(A-C) [State Educational Agencies] dictates 
that, in reviewing applications from State educational 
agencies, the Secretary will give priority to those eligible 
entities that (A) do not have a law that prohibits, or 
effectively inhibits, increasing the number of high-performing 
charter schools in the State; (B)(i) provide for, and 
adequately support, two or more charter school authorizers, of 
which not less than one is a statewide charter school 
authorizer; or (ii) in States where local educational agencies 
are the only authorizers (I) allow for an appeals process and 
(II) require authorizers to indicate an affirmative interest in 
serving as authorizers; and (C) have a policy or procedure in 
place that ensures that charter schools are reauthorized or 
have their charter renewed not less than once every 5 years.
    Sec. 5415 [Uses of Funds]
    Sec. 5415(a)(1-4) [Required Uses of Funds] establishes that 
each eligible entity receiving a grant shall: (1) use not less 
than 95 percent of the remaining funds after the reservations 
made under section 5412(g) to award subgrants to one or more 
developers to create, expand, or replicate one or more high-
performing charter schools; (2) give priority to developers 
that propose to serve a large percentage of students from low-
income families; (3)(A-C) provide developers with support and 
technical assistance in (A) improving student academic 
achievement; (B) effectively serving the needs of all students, 
including students who are children with disabilities and 
English learners; and (C) implementing outreach and recruitment 
practices that includes families of students who are children 
with disabilities and English learners; and (4) directly, or 
through a partnership with a nonprofit organization develop and 
implement parent, family, and student information, outreach, 
and recruitment programs.
    Sec. 5415(b)(1-2) [Permissible use of Funds] states that 
each eligible entity receiving a grant may use not more than 1 
percent of grant funds to disseminate information to public 
schools about lessons learned to (1) successfully address the 
education needs of all students, including students who are 
children with disabilities and English learners; and (2) 
replicate high-performing charter school models.
    Sec. 5416 [Subgrants]
    Sec. 5416(a) [Applications] establishes that each developer 
that desires to receive a subgrant shall submit an application, 
which shall include the information required under 
subparagraphs (A) through (F) of paragraph (1) and paragraph 
(5) of section 5413(b).
    Sec. 5416(b)(1-9) [Use of Funds] establishes that a 
developer that receives a subgrant shall use such funds to 
create, expand, or replicate one or more high-performing 
charter schools, which may include carrying out the following 
activities: (1) if necessary, carrying out not more than 12 
months of planning and program design; (2) recruiting and 
providing preparation, induction, and professional development 
for teachers, school leaders, and other staff; (3) acquiring 
necessary equipment, supplies, and educational materials; (4) 
professional development and implementation of systems for the 
delivery of appropriate services for students who are children 
with disabilities and English learners; (5) providing 
transportation to students to and from the school; (6) paying 
operational costs that cannot be met through State or local 
funding sources; (7) directly, or through a partnership with a 
nonprofit organization, developing and implementing parent, 
family, and student information and outreach programs; (8) 
developing and implementing effective outreach and recruitment 
strategies to inform families of students who are children with 
disabilities and students who are English learners about the 
charter school, its admissions process, and its plan to 
effectively provide appropriate educational and related 
services to such students; and (9) evaluating and disseminating 
information.
    Sec. 5416(c) [Limitations] states that not more than 1 
percent of subgrant funds may be used to carry out the 
activities described in subsection (b)(9).
    Sec. 5417 [Performance Measures; Reports]
    Sec. 5417(a)(1-7) [Performance Measures and Targets] states 
that each eligible entity receiving a grant shall establish 
performance measures and annual targets, approved by the 
Secretary, that shall include, in the aggregate and 
disaggregated by each subgroup of students, the following: (1) 
number of students enrolled in each charter school; (2) number 
of students enrolled in each high-performing charter school; 
(3) number of students enrolled in each high-performing charter 
school who were formerly attending a school that has been 
identified through the State accountability system; (4) student 
academic achievement and growth; (5) student retention rates; 
(6) in the case of a public charter secondary schools, 
graduation rates, and rates of enrollment and persistence in 
institutions of higher education; and (7) other measures 
required by the Secretary.
    Sec. 5417(b) [Reports] states that each eligible entity 
receiving a grant will annually prepare and submit a report to 
the Secretary containing the information in subsection (a).
    Sec. 5417(c) [Developers] states that each developer 
receiving a subgrant will provide the eligible entity with the 
data necessary to comply with the requirements of this section.
    Sec. 5418(a) [Federal Formula Allocation During First Year 
and for Successive Enrollment Expansions] mandates that, for 
purposes of title I part A 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 and expands its enrollment in any 
subsequent year.
    Sec. 5418(b) [Adjustment and Late Openings]
    Sec. 5418(b)(1) [In General] establishes that appropriate 
adjustments, through recovery of funds or reduction of payments 
for the succeeding year, will take place in cases where the 
estimated or projected enrollment data used to make payment to 
the charter school exceeded the actual or final data.
    Sec. 5418(b)(2) [Rule] states that for charter schools that 
first open after November 1 of any academic year, the State 
shall ensure that such charter schools that are eligible for 
the funds described in subsection (a) have the opportunity to 
receive those funds during their first year of operation.
    Sec. 5419. [Records Transfer]
    Sec. 5419 [Records Transfer] establishes that State and 
local educational agencies receiving title I, part A or any 
other Federal funds shall, in the most timely manner possible 
and to the extent practicable, ensure that a student's records 
and, if applicable, a student's individualized education 
program are transferred to a charter school upon the student's 
transfer, and vice versa.
    Sec. 5420 [National Activities]
    Sec. 5420(1-6) [National Activities] states that the 
Secretary may reserve not more than 2.5 percent of the funds 
for national activities to carry out research, development, 
data collection, technical assistance, outreach, and 
dissemination activities, including: (1) research, technical 
assistance, and other activities to assist eligible entities in 
improving their capacity to (A) meet the needs of, and improve 
the outcomes for, all students, including students who are 
children with disabilities and English learners; (B) support 
authorizers to improve quality through the adoption of 
research-based policies and procedures and increased capacity; 
and (C) work to turn around schools that have been identified 
through the State accountability system; (2) providing for the 
research and dissemination of information about specific 
charter school models and program characteristics for which 
there is strong evidence of a significant impact on improving 
student academic achievement and growth, consistent with 
section 1111, for all students, including students who are 
children with disabilities and English learners; (3) developing 
and implementing activities that help parents, families, 
students, and the community identify and access high-performing 
charter schools; (4) providing for the collection and 
dissemination of information regarding the financial resources 
available to charter schools; and (5) carrying out other 
related activities.
    Sec. 5431 [Purpose] states that the purpose of this subpart 
is to provide grants to eligible entities to improve access to 
facilities and facilities financing for high-performing charter 
schools and assist such schools to address the cost of 
acquiring, constructing, and renovating facilities.
    Sec. 5432 [Definitions] defines the following terms: 
``eligible entity'', ``high-performing charter school'', and 
``per-pupil facilities aid program''.
    Sec. 5433 [Grants to Eligible Entities]
    Sec. 5433(a) [Credit Enhancement Grants] establishes that 
the Secretary will use not less than 65 percent of the amount 
available to award grants on a competitive basis to eligible 
entities to demonstrate innovative methods of assisting high-
performing charter schools to address the cost of acquiring, 
constructing, and renovating facilities by enhancing the 
availability of loans or bond financing.
    Sec. 5433(b) [Other Facilities Grants] states that the 
Secretary will use the remainder of the amount available to 
award grants on a competitive basis to eligible entities to: 
(1) improve access to facilities and facilities financing for 
high-performing charter schools, through methods listed in (A-
C); and (2) support a State Educational Agency's per-pupil 
facilities aid program through Federal payments that shall be 
not more than (A) 90 percent of the cost, for the first fiscal 
year; (B) 80 percent in the second such year; (C) 60 percent in 
the third such year; (D) 40 percent in the fourth such year; 
and (E) 20 percent in the fifth such year.
    Sec. 5433(c) [State Share of Per-Pupil Facilities Aid 
Program] states that a State receiving a grant under subsection 
(b)(2) may partner with one or more organizations to provide up 
to 50 percent of the State share of the cost.
    Sec. 5433(d)(1-3) [Grant Amount] dictates that, in 
determining the amount of each grant to be awarded, the 
Secretary must consider (1) the quality of the application; (2) 
the number of students that are served or may be served by 
high-performing charter schools that would receive assistance; 
and (3) the amount of funds needed to implement the proposed 
activities.
    Sec. 5433(e) [Supplement, Not Supplant] establishes that 
funds made available will be used to supplement, and not 
supplant, State and local public funds.
    Sec. 5434 [Charter School Objectives] states that an 
eligible entity receiving a grant under this subpart shall use 
the funds to assist one or more high-performing charter schools 
to accomplish one or both of the following objectives: (1) the 
acquisition of an interest in improved or unimproved real 
property that is necessary to commence or continue the 
operation of a charter school; and/or (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. 5435 [Applications; Selection Criteria]
    Sec. 5434(a) [In General] dictates that each eligible 
entity shall submit an application to the Secretary.
    Sec. 5435(b) [Contents] establishes that the application 
will include: (1) a description of the proposed activities; (2) 
a demonstration that the eligible entity will consider the 
quality of a charter school when determining (A) which charter 
schools will receive assistance, (B) how much grant assistance 
will be provided, and (C) the type of assistance that each 
charter school will receive; (3) a description of its record of 
successfully carrying out the proposed activities; (4) if 
applicable, its record of leveraging private-sector funding and 
how the proposed activities will leverage the maximum amount of 
private-sector financing capital; (5) how the eligible entity 
possesses sufficient expertise to evaluate the likelihood of 
success of a charter school for which facilities financing is 
sought; (6) in the case of an application submitted by an 
eligible entity that includes one or more State or local 
educational agencies, a description of the agency's policies 
and procedures for ensuring that charter schools have equitable 
access to school facilities; and (7) other information the 
Secretary may require.
    Sec. 5435(c) [Selection Criteria] dictates that, in 
awarding grants, the Secretary will consider (1) the quality of 
the application; (2) the extent to which the eligible entity 
proposes to support high-performing charter schools that plan 
to enroll a large percentage of students from low-income 
families; (3) geographic diversity, including the distribution 
of grants between urban and rural areas; and (4) the number of 
eligible entities in a State that are receiving grants in any 
fiscal year.
    Sec. 5436 [Reserve Account]
    Sec. 5436(a) [Use of Funds] states that, to assist charter 
schools with addressing the cost of acquiring, constructing, 
and renovating facilities and accessing facilities and 
facilities financing, as described in section 5433(a), an 
eligible entity will, in accordance with State and local law, 
directly or indirectly, alone or in collaboration with others, 
deposit the funds in a reserve account that 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, for an 
objective described in subsection (a) of section 5434; (2) 
guaranteeing and insuring leases of personal and real property 
for an objective described in subsection (a) of section 5434; 
(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; or (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.
    Sec. 5436(b) [Investment] states that funds deposited in 
the reserve account established will be invested in obligations 
issues or guaranteed by the United States or a State, or in 
other low-risk securities.
    Sec. 5436(c) [Reinvestment of Earnings] states that 
earnings on funds shall be deposited in the reserve account 
established under subsection (a) and used accordingly.
    Sec. 5437. [Limitation on Administrative Costs] states that 
an eligible entity may use not more than 2.5 percent of the 
funds for administrative costs.
    Sec. 5438 [Audits and Reports]
    Sec. 5438(a) [Financial Record Maintenance and Audit] 
establishes that the financial records of each eligible entity 
will be maintained in accordance with generally accepted 
accounting principles and be subject to an annual audit by an 
independent public accountant.
    Sec. 5438(b) [Reports] establishes that (1) each eligible 
entity receiving a grant will submit to the Secretary a report 
of its operations and activities, and (2) each annual report 
submitted will include: (A) a copy of the most recent financial 
statements prepared by an 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; (C) if applicable, an evaluation by the 
eligible entity of the effectiveness in leveraging private 
funds; (D) a listing and description of the charter schools 
served during the reporting period and their performance in 
increasing student achievement; (E) a description of the 
activities carried out by the eligible entity to assist charter 
schools in meeting the objectives set forth in section 5434; 
and (F) a description of the characteristics of lenders and 
other financial institutions participating in the activities 
undertaken, if applicable.
    Sec. 5438(b)(3) [Secretarial Report] dictates that the 
Secretary will review the reports and provide a comprehensive 
annual report to Congress.
    Sec. 5439 [No Full Faith and Credit for Grantee 
Obligations] mandates that no financial obligation of an 
eligible entity 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.
    Sec. 5440 [Recovery of Funds]
    Sec. 5440(a) [In General] establishes that the Secretary 
will collect (1) all of the funds in a reserve account 
established by an eligible entity under section 5436(a) if the 
Secretary determines, not earlier than 2 years after the date 
on which the eligible entity first received funds, that the 
eligible entity has failed to make substantial progress in 
carrying out the purposes described in section 5436(a); or (2) 
all or a portion of the funds in a reserve account established 
by an eligible entity under section 5436(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 5436(a).
    Sec. 5440(b) [Exercise of Authority] states that the 
Secretary will not exercise the authority provided in 
subsection (a) to collect from any eligible entity any funds 
that are being properly used.
    Sec. 5440(c) [Procedures] states that the provisions of 
sections 451, 452, and 458 of the General Education Provisions 
Act shall apply to the recovery of funds under subsection (a).
    Sec. 5440(d) [Construction] establishes that 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.

Part E--Voluntary Public School Choice Programs

Section 5501 [Voluntary Public School Choice] amends title V of ESEA by 
        inserting at the end the following:

    Sec. 5501 [Grants] specifies that (a) the Secretary will 
award competitive grants to eligible entities to establish or 
expand public school choice program, and (b) grants may be 
awarded for a period of 3 years and may be renewed by the 
Secretary for no more than 2 years.
    Sec. 5502 [Uses of Funds] (a) requires an entity that 
receives a grant to use the funds to establish or expand inter- 
or intra-district public school choice programs for students 
attending the lowest performing schools to attend high-quality 
public schools. (b) Grant recipients may use the funds as 
follows: (1) to plan or design a program; (2) for 
transportation services; (3) to improve public school finance 
systems; (4) to increase capacity at high-quality schools; (5) 
to educate parents and recruit students for the program; and 
(6) for other costs of program implementation. (c) The funds 
may not be used for school construction, and (d) no more than 5 
percent of the funds may be used for administrative expenses.
    Sec 5503 [Applications] specifies that, to receive a grant, 
(a) an eligible entity must submit an application to the 
Secretary that (b) includes a full description of: (1) the 
activities to be carried out; (2) how activities will increase 
access, student achievement and growth, and diversity; (3) the 
selection process; (4) how the grant money will be coordinated 
with other funds; (5) how the plan will be implemented after 
grant funds expire; and (6) information about partners, if 
applicable. (c) The Secretary will consider the quality of the 
plan, the extent to which the applicant can demonstrate 
academic achievement and growth, and the extent to which the 
application can demonstrate public awareness of the program.
    Sec. 5504 [Priorities] requires the Secretary to give a 
priority to programs that will (1) serve low-income families 
and (2) increase diversity.
    Sec. 5505 [Requirements and Voluntary Participation] (a) 
requires an eligible entity to (1) develop and carry out the 
program with the involvement of parents, administrators, 
teachers, and other stakeholders and (2) they may choose to 
partner with a public or other nonprofit organization to 
disseminate information to parents and provide parent education 
about the program; (b) if more students voluntarily apply to 
the program than can be accommodated, the entity must use a 
lottery system to select students; (c) student participation in 
a program is voluntary; and (d) each grant recipient must 
establish performance measures and targets that will be 
reported annually to the Secretary in both an aggregate and 
disaggregated form.
    Sec. 5506 [Evaluations] specifies that evaluations carried 
out by the Secretary must address how well the program promotes 
educational equity and excellence, the characteristics of the 
participating students, and the effect of the program on 
academic achievement and growth.
    Sec. 5507 [Definitions] defines the terms ``charter 
school'', ``eligible entity'', and ``lowest-performing 
school''.

                    Title VI: Promoting Flexibility


Section 6101 [Promoting Flexibility] amends title VI by inserting a new 
        title heading--``Promoting flexibility; Rural education'', by 
        striking part A and inserting the following:

Part A--Transferability

    Sec. 6101 [Transferability of Funds]
    Sec. 6101(a)(1) [Transfer of Fund; Authority to Transfer] 
states that, except as specified in (2), a State may transfer 
all of their funds allotted for State-level activities as part 
of a formula grant.
    Sec. 6101(a)(2) [Prohibition Against Transferring Funds Out 
of Certain Titles] provides that a State may not transfer any 
funds that originate in titles I, III, VII, or VIII.
    Sec. 6101(b) [Transfers by Local Education Agencies]
    Sec. 6101(b)(1) [Authority to Transfer] provides that, 
except for funds that originate in titles I, III, VII and VIII, 
a local educational agency may transfer 100 percent of the 
funds allocated to it for a fiscal year for use for local-level 
activities described in this act.
    Sec. 6101(b)(2) [Prohibition Against Transferring Funds Out 
of Certain Titles] prohibits a local educational agency from 
transferring funds from titles I, III, VII, and VIII.
    Sec. 6101(b)(3) [Special Rule with Respect to Rural 
Districts] states that, except for funds that originate in 
titles I, III, VII, and VIII, a local educational agency 
eligible under part B may transfer 100 percent of the funds 
allocated to it for a fiscal year for use for local-level 
activities described in this act.
    Sec. 6101(c) [Modification of Plans and Applications; 
Notification]
    Sec. 6101(c)(1) [State Transfers] requires that States that 
make a transfer of funds modify State plans and submit a copy 
of the modified plan or application to the Secretary within 30 
days and notify the Secretary no later than 30 days before the 
effective date of the transfer.
    Sec. 6101(c)(2) [Local Transfers] requires that local 
educational agencies that make a transfer of funds modify State 
plans and submit a copy of the modified plan or application to 
the State within 30 days and notify the State no later than 30 
days before the effective date of the transfer.
    Sec. 6101(d)(1) [Applicable Rules] [In General] states that 
all funds transferred are subject to the rules and requirements 
under the provisions (A) where the funds are being transferred 
to and (B) from where the funds are coming.
    Sec. 6101(d)(2) [Consultation] requires that a State or 
local educational agency that transfers funds must conduct 
consultations if the transfer provides for the participation of 
students, teachers, or other education personnel from private 
schools.
    Sec. 6102 [Rural Education] amends part B of title VI by 
striking section 6211, redesignating specified sections, and as 
follows:

Part B--Rural Education Initiative

Subpart 1--Small, Rural School Achievement Program

    Sec. 6211 [Program Authorized] authorizes rural educational 
agencies with an average daily attendance of 600 students or 
fewer or with a school located in a county or locale with a 
total population density of fewer than 10 persons per square 
mile, and that is designated with a school locale code of 33, 
41, 42, or 43 to consolidate the funds they receive under 
formula grants provided under this act in a manner consistent 
with the transferability provisions under section 6101(b). It 
requires that the Secretary award a grant to an eligible local 
educational agency in a fiscal year in an amount 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, minus the total formula 
awards received by the local educational agency under this act 
in that fiscal year. If the appropriation for this part is more 
than $211,723,832, a grant under this part will not be less 
than $25,000, and the initial amount may not exceed $80,000. 
Provides that a local educational agency that is eligible to 
receive a grant under this subpart for a fiscal year is 
eligible to receive funds under subpart 2, but may not receive 
both. If eligible to receive a grant under subpart 1 or subpart 
2, a local educational agency may choose which grant to 
receive.
    Sec. 6212 [Academic Achievement Assessments] requires that 
each local educational agency that uses or receives funds under 
this subpart administer assessments that are consistent with 
section 1111(a)(2).

Subpart 2--Rural and Low-Income School Program

    Sec. 6221 [Program Authorized] authorizes the Secretary of 
Education to award grants to State educational agencies to 
enable them to award subgrants to local educational agencies 
that are located in rural communities and that have student 
populations of which 20 percent or more come from families with 
incomes below the poverty line and in which all the schools 
served by the agency are designated with a school locale code 
of 33, 41, 42, or 43, and which do not receive funding under 
subpart 1. It requires a State educational agency to award 
grants to local educational agencies on a competitive basis. It 
requires the Secretary to reserve funds for the Bureau of 
Indian Education and the outlying areas.
    Sec. 6222 [Use of Funds] requires that grant funds awarded 
to local educational agencies under subpart 2 be used to carry 
out local-level activities consistent with the transferability 
provisions of section 6101(b), and requires that a State 
educational agency receiving a grant under this subpart 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. 6223 [Applications] requires State educational 
agencies applying for a grant under subpart 2 to include in 
their application information on specific measurable goals and 
objectives to be achieved through the activities carried out 
through the grant.
    Sec. 6224 [Accountability] requires that each State 
educational agency and specially qualified agency that receives 
a grant under subpart 2 to submit an annual report to the 
Secretary and describes the required report elements. It 
requires the Secretary to submit a biennial report to the 
authorizing committees and describes the required report 
requirements. It requires any local educational or specially 
qualified agency that receives a grant under this subpart to 
administer the assessments that are consistent with section 
1111(a)(2).

Subpart 3--General Provisions

    Sec. 6241 [Choice of Participation] allows a local 
educational agency that is eligible for funding under subpart 1 
and subpart 2 of this part to choose whether to participate in 
either subpart 1 or subpart 2.
    Sec. 6232 [Annual Average Daily Attendance Determination] 
requires that each local educational agency seeking a grant 
under section 6211 and each local educational or specially 
qualified agency seeking a grant under subpart 2 must 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 before December 1 of each year; and submit 
the number to the Secretary (and to the State educational 
agency, in the case of a local educational agency seeking a 
grant under subpart (2)) before March 1 of each year. It 
requires the Secretary to issue a fine to any local educational 
or specially qualified agency that knowingly submits false 
average daily attendance information.
    Sec. 6233 [Supplement, Not Supplant] requires that funds 
available under this part be used to supplement, not supplant, 
any other Federal, State or local education funds.
    Sec. 6234 [Rule of Construction] states that nothing in 
this part can be construed to prohibit a local educational 
agency that enters into 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 part.

     Title VII: Indian, Native Hawaiian and Alaska Native Education


Part A--Indian Education

Section 7101 amends section 7102 of ESEA as follows:

    Sec. 7102 [Purpose] states that it is the purpose of this 
part to support the efforts of local educational agencies, 
Indian tribes and organizations, postsecondary institutions, 
and other entities: (1) to ensure the academic achievement of 
Indian and Alaska Native students by meeting their unique 
cultural, language, and educational needs, consistent with 
section 1111(a); (2) to ensure that Indian and Alaska Native 
students gain knowledge and understanding of Native 
communities, languages, tribal histories, traditions, and 
cultures; and (3) to ensure that principals, teachers, and 
other staff who serve Indian and Alaska Native students have 
the ability to provide culturally appropriate and effective 
instruction to such students.

Sec. 7111 [Formula Grant Purpose] amends section 7111 as follows:

    Sec. 7111 [Purpose] states that it is the purpose of this 
subpart to support local educational agencies in developing 
elementary school and secondary school programs that are 
designed to: (1) meet the unique cultural, language, and 
educational needs of Indian students; and (2) ensure that all 
students meet the college- and career-ready student academic 
achievement standards adopted under section 1111(a)(1).

Sec. 7112 amends section 7112 as follows:

Sec. 7112 [Grants to Local Educational Agencies, Tribes and Tribal 
        Organizations]

    Sec. 7112(a) [In General] the Secretary may make grants, 
from allocations made under section 7113, to local educational 
agencies Indian tribes, and tribal organizations, in accordance 
with this section and section 7113.
    Sec. 7112(b) [Local Educational Agencies] is amended by a 
technical amendment.
    Sec. 7112(c) [Indian Tribes and Tribal Organizations]
    Sec. 7112(c)(1) [In General] states that if a local 
educational agency that is otherwise eligible for a grant under 
this subpart does not establish a committee under section 
7114(c)(5) for such grant, an Indian tribe, a tribal 
organization (as defined for purposes of this title by section 
4 of the Indian Self Determination and Education Act (25 U.S.C. 
450b)), or a consortium of such entities that represents not 
less than one-third of the eligible Indian children who are 
served by such local educational agency may apply for such 
grant.
    Sec. 7112(c)(2) [Special Rule] requires, in subparagraph 
(A), that the Secretary treat each Indian tribe, tribal 
organization, or consortium of such entities applying for a 
grant pursuant to paragraph (1) as if such entity were a local 
educational agency for purposes of this subpart. Subparagraph 
(B) provides that, notwithstanding subparagraph (A), such 
Indian tribe, tribal organization, or consortium shall not be 
subject to the requirements of subsections (b)(9) or (c)(5) of 
section 7114 or section 7118(c).
    Sec. 7112(c)(3) [Eligibility] provides that if more than 
one Indian tribe, tribal organization, or consortium of such 
entities qualify 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.
    Sec. 7112(c)(4) [Unaffiliated Indian Tribes] provides that 
an Indian tribe that operates a school and is not affiliated 
with either the local educational agency or the Bureau of 
Indian Education, is eligible to apply for a grant under this 
subpart.
    Sec. 7112(c)(5) [Assurance to Serve All Indian Children] 
requires that an Indian tribe, tribal organization, or 
consortium of such entities that qualifies to apply for a grant 
under paragraph (1) provide an assurance that the entity will 
use the grant funds to provide services to all Indian students 
served by the local educational agency.

Sec. 7113 amends section 7113 as follows:

    Sec. 7113 [Amount of Grants]
    Sec. 7113(b) [Minimum Grant] is amended by a technical 
amendment.
    Sec. 7113(d) [Schools Operated or Supported by the Bureau 
of Indian Education] is amended by technical amendments.

Sec. 7114 amends section 7114 as follows:

    Sec. 7114 [Applications]
    Sec. 7114(b) [Comprehensive Program Required] is amended to 
require that each application submitted under subsection (a) 
include a description that explains how the local educational 
agency will use the funds made available under this subpart to 
supplement other Federal, State, and local programs that meet 
the needs of such students; provides an assurance that the 
local educational agency will coordinate activities under this 
title with other Federal programs supporting educational and 
related services administered by such agency; provides an 
assurance that the local educational agency conducted outreach 
to parents and family members to meet the requirements under 
subsection (c)(5); describes the formal process the local 
educational agency used to collaborate with Indian tribes 
located in the community and the actions taken as a result of 
the collaboration.
    Sec. 7114(c) [Assurances] is amended to require that each 
application submitted under subsection (a) includes the 
following assurances: that the local educational agency will 
use funds received under this subpart only for activities 
described and authorized under this subpart and that the 
advisory committee established under paragraph (5), as 
redesignated, will determine the extent to which the activities 
of the local educational agency will address the unique 
cultural, language, and education needs of Indian students and 
the extent to which grant funds will directly enhance the 
educational experiences of American Indian students.

Sec. 7115 amends section 7115 as follows:

    Sec. 7115 [Authorized Services and Activities]
    Sec. 7115(a) [General Requirements] is amended to clarify 
that funds received under this subpart shall be used solely for 
the services and activities described in such application.
    Sec. 7115(b) [Particular Activities] provides that the 
services and activities referred to in subsection (a) may 
include the following: (1) activities that support Native 
American language immersion programs and Native American 
language restoration programs; (2) culturally related 
activities that support the program described in the 
application submitted by the local educational agency; (3) 
high-quality care and education and family programs that 
emphasize school readiness; (4) enrichment programs that focus 
on problem solving and cognitive skills development and 
directly support the attainment of challenging State academic 
content and student academic achievement standards; (5) 
programs that promote parent, family, and tribal engagement to 
meet the unique needs of Indian and Alaska Native 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 so as to prevent violence, 
suicide, and substance abuse; (8) the acquisition of equipment; 
(9) activities that promote the incorporation of culturally 
responsive teaching and learning strategies into the 
educational program of the local educational agency; (10) 
activities that incorporate culturally and linguistically 
relevant curriculum content into classroom instruction that is 
responsive to the unique learning styles of Indian and Alaska 
Native children to ensure that such children are better able to 
meet the student academic achievement standards, consistent 
with section 1111(a); (11) family literacy services; (12) 
activities that recognize and support the unique cultural and 
educational needs of Indian children, and incorporate 
appropriately traditional leaders; (13) dropout prevention 
strategies, and strategies to (A) meet the educational needs of 
at-risk Indian students in correctional facilities and (B) 
support Indian students who are transitioning between local 
educational agencies and such facilities.
    Sec. 7115(c) [Schoolwide Programs] is amended by a 
technical amendment.
    Sec. 7115(e) [Limitation on Use of Funds] provides that 
funds provided to a grantee under this subpart may not be used 
for long-distance travel expenses for training activities 
available locally or regionally.

Sec. 7116 amends section 7116 as follows:

    Sec. 7116 [Integration of Services Authorized]
    Sec. 7116(d) [Plan Requirements] is amended by a technical 
amendment.
    Sec. 7116(g) [Responsibilities of Department of Education] 
is amended by technical amendments and by including the 
Secretary of Health and Human Services as an entity that shall 
enter into an interdepartmental memorandum of agreement 
providing for the implementation and coordination of the 
demonstration projects authorized under this section.
    Sec. 7116(o) [Report on Statutory Obstacles to, and Best 
Practices for, Program Integration] is amended as follows:
    Sec. 7116(o)(1) [In General] requires that not later than 3 
years after the date of enactment of the Elementary and 
Secondary Education Reauthorization Act, the Secretary of 
Education shall submit a report to the authorizing committees, 
the Committee on Indian Affairs of the Senate, and the 
Committee on Natural Resources of the House of Representatives 
on the results of the implementation of the demonstration 
projects authorized under this section.
    Sec. 7116(o)(2) [Contents] requires that the report 
identify: (A) 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; and (B) the best practices for 
program integration that result in increased student 
proficiency, graduation rates, and other relevant academic 
outcomes for Indian and Alaska Native students.

Sec. 7117 [Student Eligibility Forms] amends section 7117 as follows:

    Sec. 7117 [Student Eligibility Forms]
    Sec. 7117(b) [Forms] is amended in subparagraphs (A)(ii) 
and (B) by including a membership number as a way to establish 
membership in a tribe or band of Indians.
    Sec. 7117(d) [Forms and Standards of Proof] is amended as 
follows:
    Sec. 7117(d)(1) [Types of Proof] states that for the 
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 tribal 
organization may be established by proof other than an 
enrollment number, notwithstanding the availability of an 
enrollment number for a member of such tribe or tribal 
organization.
    Sec. 7117(d)(2) [Previously Filed Forms] provides that an 
Indian student eligibility form that was on file as required by 
this section on the day before the date of enactment of the 
[short title to be supplied] and that met the requirements of 
this section, as this section was in effect on the day before 
the date of enactment of such act, shall remain valid for such 
Indian student.
    Sec. 7117(e) [Monitoring and Evaluation Review] is amended 
by striking subsection (e) and redesignating subsection (f) as 
subsection (e).
    Sec. 7117(f) [Technical Assistance] requires that the 
Secretary either directly or through a contract provide 
technical assistance to a local educational agency upon 
request, in addition to any technical assistance available 
under section 1116 or available through the Institute of 
Education Sciences, to support the services and activities 
described under this section, including for the: (1) 
development of applications under this section; (2) improvement 
in the quality of implementation, content of activities, and 
evaluation of activities supported under this subpart; (3) 
integration of activities under this title with other 
educational activities established by the local educational 
agency; and (4) coordination of activities under this title 
with programs administered by each Federal agency providing 
grants for the provision of educational and related services.
    Sec. 7117(g) [Tribal Grant and Contract Schools] is amended 
by a technical amendment.

Sec. 7121 amends the heading of subpart 2 of part A of title VII of 
        ESEA.

Sec. 7122 amends section 7121 as follows:

    Sec. 7121 [Improvement of Educational Opportunities for 
Indian Children and Youth]
    Sec. 7121(a) [Purpose] is amended by a technical amendment 
to include Indian youth.
    Sec. 7121(c) [Grants Authorized]
    Sec. 7121(c)(1) [In General] is amended by including Indian 
youth in listed activities. Subparagraph (D) is amended by 
ensuring that health and nutritional services address the 
emotional problems of Indian children. Subparagraph (G) is 
amended to provide for high-quality early childhood education 
and care programs that are effective in preparing young 
children to be on track for college- and career-readiness by 
the end of grade 3, including kindergarten and prekindergarten 
programs, family-based preschool programs that emphasize school 
readiness, screening and referral, and the provision of 
services to Indian children and youth with disabilities. 
Subparagraph (K) is amended to list activities in place of 
services. Subparagraph (L) is amended by replacing ``qualified 
tribal elders and seniors'' with ``traditional leaders''.
    Sec. 7121(c)(2) [Professional Development] provides that 
high-quality professional development of teaching professionals 
and paraprofessionals may be a part of any program assisted 
under this section.
    Sec. 7121(d) [Grant Requirements and Applications] is 
amended as follows:
    Sec. 7121(d)(1)(C) [Progress] requires the Secretary to 
make a grant payment for an initial grant period of not more 
than 3 years and may renew such grants for not more than 2 
additional years if the Secretary determines that the eligible 
entity has made substantial progress in carrying out the 
activities assisted under the grant.
    Sec. 7121(d)(3) [Application] is amended in clause (i) by 
inserting ``family'' in place of ``parent'' and in clause (iii) 
by requiring evidence demonstrating that the proposed program 
for the activities is a evidence-based research program.
    Sec. 7121(f) [Continuation] states that notwithstanding any 
other provision of this section, a grantee carrying out 
activities under this section prior to enactment of the 
Elementary and Secondary Education Reauthorization Act of 2011 
may continue to carry out such activities under such grant in 
accordance with the terms of that grant.

Sec. 7123 amends section 7122 as follows:

    Sec. 7123 [Professional Development for Teachers and 
Educational Professionals]
    Sec. 7122(a) [Purposes] stipulates that the purposes of 
this section are: (1) to increase the number of qualified 
Indian teachers and administrators serving Indian students; (2) 
to recruit and provide training and support to qualified Indian 
individuals to enable such individuals to become highly rated 
teachers or administrators; and (3) to improve the skills of 
qualified Indian individuals who serve in the capacities 
described in paragraph (2).
    Sec. 7122(d) [Authorized Activities] is amended by adding a 
new paragraph (3) that states that, notwithstanding any other 
provision of this section, a grantee that is carrying out 
activities pursuant to a grant awarded under this section prior 
to the date of enactment of the Elementary and Secondary 
Education Reauthorization act of 2011 may continue to carry out 
such activities under such grant in accordance with the terms 
of that award.
    Sec. 7122(e-g) [Application; Grant Period] requires that 
each eligible entity desiring a grant under subsection (e) 
submit an application to the Secretary at such time, in such 
manner, and accompanied by such information, as the Secretary 
may reasonably require, including how the eligible entity will 
recruit qualified Indian individual. Subsection (f) requires 
that, in awarding grants under this section, the Secretary 
consider the prior performance of the eligible entity, and that 
the Secretary may not limit eligibility to receive a grant 
under this section on the basis of the number of previous 
grants the Secretary has awarded such entity or the length of 
any period during which such entity received such grants. 
Subsection (g) provides that each grant under this section be 
awarded for a period of not more than 3 years. Grants may be 
renewed for an additional 2 years if the Secretary finds that 
the grantee is achieving the objectives of the grant.
    Sec. 7122(h) [Service Obligation] provides that the 
Secretary shall require, by regulation, that an individual who 
receives training pursuant to a grant made under this section 
perform work related to the training received under this 
section in a local educational agency that serves a high 
portion of Indian students, or repay all or a prorated part of 
the assistance received. The Secretary is required to 
establish, by regulation, a reporting procedure under which a 
grant recipient under this section shall, not later than 12 
months after the date of completion of the training, and 
periodically thereafter, provide information concerning 
compliance with the work requirement under paragraph (1).

Sec. 7131 strikes sections 7132, 7133, 7134, 7135, and 7136 and amends 
        subpart 3 of part A of title VII as follows:

    Sec. 7131(a) [National Activities] authorizes the Secretary 
to use funds made available under section 7152(b) for each 
fiscal year to: (1) conduct research related to effective 
approaches for improving the academic achievement and 
development of Indian children and adults; (2) collect and 
analyze data on the educational status and needs of Indian 
students; (3) provide technical assistance and logistical 
support to grantees under this subpart; and (4) carry out other 
activities that are consistent with the purpose of this part.
    Sec. 7131(b-c) [Eligibility; Coordination] permits the 
Secretary to 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. Subsection (c) authorizes research 
activities under this section, which must be coordinated with 
the appropriate offices within the Department and may include 
collaborative research activities that are jointly funded and 
carried out by the Bureau of Indian Education and the Institute 
of Education Sciences.
    Sec. 7132 [Improvement of Academic Success for Students 
through Native American Language]
    Sec. 7132(a) [Purpose] stipulates that it is the purpose of 
this section to improve educational opportunities and academic 
achievement of Indian and Alaska Native students through Native 
American language programs and to foster the acquisition of 
Native American language.
    Sec. 7132(b) [Eligible Entities] defines the term 
``eligible entity''.
    Section 7132(c) [Grants Authorized] states that the 
Secretary is required to award grants to eligible entities to 
carry out specified activities. Paragraph (1) authorizes grants 
to support Native American language programs that: (A) provide 
instruction through the use of a Native American language for 
not less than 10 children for an average of not less than 500 
hours per year per student; (B) provide for the involvement of 
parents, caregivers, and families of students enrolled in the 
program; (C) utilize, and may include the development of 
instructional courses and materials for learning Native 
American languages and for instruction through the use of 
Native American languages; (D) provide support for professional 
development activities; and (E) include a goal of all students 
achieving fluency in a Native American language and academic 
proficiency in mathematics, English, reading or language arts, 
and science. Paragraph (2) authorizes grants to support Native 
American language restoration programs that: (A) provide 
instruction in not less than one Native language; (B) provide 
support for professional development activities for teachers of 
Native American languages; (C) develop instructional materials 
for the programs; and (D) include the goal of increasing 
proficiency and fluency in not less than one Native American 
language.
    Sec. 7132(d) [Application] requires that an eligible entity 
that desires to receive a grant under this section submit an 
application to the Secretary. An eligible entity that submits 
an application for a grant to carry out the activity specified 
in subsection (c)(1) shall include in such application a 
certification that assures that such entity has experience and 
a demonstrated record of effectiveness in operating and 
administering a Native American language program or any other 
educational program in which instruction is conducted in a 
Native American language.
    Sec. 7132(e) [Grants Duration] requires the Secretary to 
make grants under this section only on a multi-year basis for a 
period not to exceed 5 years.
    Sec. 7132(f) [Definition] defines the term ``average''.
    Sec. 7132(g) [Administrative Costs] stipulates that except 
as provided in paragraph (2), not more than 5 percent of the 
funds provided to a grantee may be used for administrative 
purposes. An elementary school or secondary school for Indian 
students that receives funds from a recipient of a grant may 
use not more than 10 percent of the funds for administrative 
purposes.
    Sec. 7133 [Improving State and Tribal Educational Agency 
Collaboration] directs the Secretary, in consultation with the 
Director of the Bureau of Indian Education, to conduct a study 
of the relationship among State educational agencies, local 
educational agencies, and other relevant State and local 
agencies, and tribes or tribal representatives to: (1) identify 
examples of best practices in collaboration among those 
entities that result in the provision of better services to 
Indian students; and (2) provide recommendations regarding 
State educational agency functions that tribal educational 
agencies could perform, areas and agency functions in which 
greater State educational agency and tribal educational agency 
collaboration is needed, and other steps to reducing barriers 
to serving Indian students.

Sec. 7141 amends section 7141 by inserting the Secretary of the 
        Interior as an entity the National Advisory Council on Indian 
        Education will advise.

Sec. 7151 is amended to define the term ``traditional leader''.

Part B--Native Hawaiian Education; Alaska Native Education

Sec. 7201 amends the heading of part B and designates Subpart 1--Native 
        Hawaiian Education and Subpart 2--Alaska Native Education.

Subpart 1--Native Hawaiian Education

Sec. 7202 is amended as follows:

    Sec. 7202 [Findings] states that 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; (2) The United States 
has recognized and reaffirmed that Native Hawaiians have a 
cultural, historic, and land-based link to the indigenous 
people who exercised sovereignty over the Hawaiian Islands, 
that Congress does not extend services to Native Hawaiians 
because of their race, but because of their unique status, that 
Congress has also delegated broad authority to administer a 
portion of the Federal trust responsibility to the State of 
Hawaii, that the political status of Native Hawaiians is 
comparable to that of American Indians and Alaska Natives, and 
that the aboriginal, indigenous people of the United States 
have a continuing right to autonomy; (3) 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 various 
Federal laws; (4) In 1993, 2005, and 2009 the updated findings 
of the Native Hawaiian Educational Assessment Project 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 exist for Native 
Hawaiians; (5) Native Hawaiian students served by the State of 
Hawaii Department of Education has risen from 20 percent in 
1980 to 26 percent in 2008, and there are and will continue to 
be geographically rural, isolated areas with a high Native 
Hawaiian population density; (6) Despite the consequences of 
more than 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; and (7) The State of Hawaii, in the 
constitution and statutes of the State of Hawaii reaffirms and 
protects the unique right of the Native Hawaiian people to 
practice and perpetuate their culture and religious customs, 
beliefs, practices, and language, recognizes the traditional 
language of the Native Hawaiian people as an official language 
of the State of Hawaii, and 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 amends section 7203 to read as follows:

    Sec. 7203 [Purposes] states that the purposes of this 
subpart: (1) develop, implement, assess, expand, and evaluate 
innovative educational programs, Native Hawaiian language 
medium programs, Native Hawaiian culture-based education 
programs, and other education programs to improve the academic 
achievement of Native Hawaiian students by meeting their unique 
cultural and language needs to help such students meet 
challenging State academic content standards and challenging 
State student academic achievement standards; (2) provide 
guidance to appropriate Federal, State, and local agencies to 
more effectively and efficiently focus resources, including 
resources made available under this subpart, on the development 
and implementation of innovative educational programs for 
Native Hawaiian students, rigorous and substantive Native 
Hawaiian language programs, and Native Hawaiian culture-based 
educational programs; (3) create a system by which information 
from programs funded under this subpart will be collected, 
analyzed, evaluated, reported, and used in decisionmaking 
activities with respect to the types of grants awarded under 
this subpart.

Sec. 7204 amends section 7204 as follows:

    Sec. 7204(a) [Establishment of Native Hawaiian Education 
Council] stipulates that in order to better effectuate the 
purposes of this subpart through the coordination of 
educational and related services and programs available to 
Native Hawaiian students, including those programs receiving 
funding under this subpart, the Secretary shall establish a 
Native Hawaiian Education Council.
    Sec. 7204(b) [Composition] requires the Education Council 
to consist of 15 members, including the governor, mayors, and 
education officials.
    Sec. 7204(c) [Chair, Vice Chair] requires that the 
Education Council select a chair and vice chair from among the 
members of the Education Council, who shall each serve for one 
2-year term.
    Sec. 7204(d) [Native Hawaiian Education Council Grant] 
requires the Secretary to make a grant to the Education Council 
to carry out the following activities: (1) coordinate the 
educational and related services and programs available to 
Native Hawaiian students; (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; (4) make direct grants and subgrants, as described in 
paragraphs (1) through (3); and (5) hire an executive director 
who shall execute the duties and powers of the Education 
Council.
    Sec. 7204(e) [Duties and Powers of the Education Council] 
stipulates that the Education Council shall do the following: 
(1) obtain from the Secretary information regarding grants 
awarded under this subpart; (2) provide technical assistance to 
Native Hawaiian organizations that are grantees or potential 
grantees under this subpart; (3) assess and define the 
educational needs of Native Hawaiian students; (4) assess the 
programs and services currently available to address the 
educational needs of Native Hawaiian students; (5) assess and 
evaluate the individual and aggregate impact achieved by 
grantees in improving Native Hawaiian educational performance 
and meeting the goals of this subpart; (6) prepare and submit 
to the Secretary, before the end of each calendar year, annual 
reports; and (7) hold annual community consultations as 
described in subsection (f).
    Sec. 7204(f) [Community Consultations] requires the 
Education Council to hold not less than one community 
consultation each year on each of the Islands of Hawaii, Maui, 
Molokai, Lanai, Oahu, and Kauai, of which not less than three 
members of the Education Council shall attend. The Education 
Council shall gather community input regarding current 
grantees, priorities and needs, other Native Hawaiian 
educational issues. The Education Council shall also report to 
the community on the outcomes of the grants awarded under this 
part. The Education Council may, from funds made available 
under section 7205(i)(2), provide financial support to the 
community consultations described in paragraph (1).
    Sec. 7204(g) [Administrative Provisions Relating to 
Education Council] requires that the Education Council shall 
meet at the call of the chair of the Council, or upon request 
by a majority of the members of the Education Council, but in 
any event not less often than every 120 days.
    Sec. 7204(h) [Funding] stipulates that for each fiscal 
year, the Secretary shall provide to the Education Council the 
amount described in section 7205(i)(2), to remain available 
until expended. Each member of the Education Council, and each 
member of a community consultation, Kupuna council, or other 
working group established by the Education Council, shall serve 
without compensation.
    Sec. 7204(i) [Report] requires that no later than 2 years 
after the date of enactment of the Elementary and Secondary 
Education Reauthorization Act of 2011, the Secretary shall 
prepare and submit to the Committee on Indian Affairs and the 
Committee on Health, Education, Labor, and Pensions of the 
Senate and the Committee on Education and the Workforce of the 
House of Representatives, a report that: (1) summarizes the 
annual reports of the Education Council; (2) describes the 
allocation and use of funds under this subpart and the 
information gathered since the first annual report submitted by 
the Education Council to the Secretary under this section; and 
(3) contains recommendations for changes in Federal, State, and 
local policy to advance the purposes of this subpart.
    Sec. 7204(j) [Federal Advisory Committee Act Applicability] 
stipulates that the provisions of the Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the Education 
Council, except that section 14 of such act shall not apply.
    Sec. 7204(k) [Termination] requires the Education Council 
to terminate on the date that is the expiration of the 10-year 
period following the date of enactment of the Elementary and 
Secondary Education Reauthorization Act of 2011.

Sec. 7205 amends section 7205 as follows:

    Sec. 7205(a) [Grants and Contracts] stipulates that in 
order to carry out programs that meet the purposes of this 
subpart, the Secretary is authorized to award grants to, or 
enter into contracts with: (1) Native Hawaiian educational 
organizations; (2) Native Hawaiian community-based 
organizations; (3) public and private nonprofit organizations, 
agencies, and institutions with experience in successfully 
developing or operating Native Hawaiian education and workforce 
development programs or programs of instruction in the Native 
Hawaiian language; (4) charter schools; and (5) consortia of 
the organizations, agencies, and institutions described in 
paragraphs (1) through (4).
    Sec. 7205(b) [Priority] requires that when providing grants 
and entering into contracts under this subpart, the Secretary 
give priority to the following: (1) programs that meet the 
educational priorities established by the Education Council; 
(2) programs designed to improve the academic achievement of 
Native Hawaiian students by meeting their unique cultural and 
language needs; (3) programs in which a State educational 
agency, local educational agency, institution of higher 
education, or a State educational agency or local educational 
agency in partnership with an institution of higher education 
apply for a grant or contract under this part as part of a 
partnership or consortium; or (4) a Native Hawaiian 
organization.
    Sec. 7205(c) [Authorized Activities] stipulates that 
activities provided through programs carried out under this 
subpart may include the following: (1) the development and 
maintenance of a statewide Native Hawaiian early childhood 
education and care system to provide a continuum of high-
quality services for Native Hawaiian children from the prenatal 
period through the age of kindergarten entry; (2) the operation 
of family-based education centers that provide such services as 
programs for Native Hawaiian parents and their infants from the 
prenatal period of infancy through age 3, preschool programs 
for Native Hawaiian children, and research on, and development 
and assessment of, family-based early care and education and 
preschool programs for Native Hawaiians; (3) activities that 
enhance beginning reading and literacy in either the Hawaiian 
or the English language among Native Hawaiian students in 
kindergarten through third grade and assistance in addressing 
the distinct features of combined English and Hawaiian literacy 
for Hawaiian speakers in fifth and sixth grade; (4) activities 
to meet the special needs of Native Hawaiian students with 
disabilities; (5) activities that address the special needs of 
Native Hawaiian students who are gifted and talented; (6) the 
development of academic and vocational curricula to address the 
needs of Native Hawaiian children, youth, and adults, including 
curriculum materials in the Hawaiian language, mathematics, 
science, engineering, and technology curricula that incorporate 
Native Hawaiian tradition and culture; (7) professional 
development activities for educators; (8) 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; (9) 
activities, including program co-location, to enable Native 
Hawaiian individuals to enter and complete programs of 
postsecondary education; (10) activities that recognize and 
support the unique needs of Native Hawaiian youth to complete 
quality workforce preparation and training programs and 
activities, including apprenticeship programs; (11) research 
and data collection activities to determine the educational 
status and needs of Native Hawaiian children and youth; (12) 
other research and evaluation activities related to programs 
carried out under this subpart; and (13) other activities, 
consistent with the purposes of this subpart.
    Sec. 7205(d) [Additional Activities] requires that funds 
made available to carry out this section are used to support 
the following: (1) development of a body of Native Hawaiian 
law; (2) repair and renovation of public schools that serve 
high concentrations of Native Hawaiian students; (3) informal 
education programs that present traditional Hawaiian knowledge, 
science, astronomy, and the environment through State museums 
or learning centers.
    Sec. 7205(e) [Special Rule and Conditions] prohibits the 
Secretary from establishing 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 
subsection (c)(9)(A) and requires the Secretary shall establish 
conditions for receipt of a scholarship awarded under 
subsection (c)(9)(A), including the requirement 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.
    Sec. 7205(f) [Treatment of Funds] stipulates that except as 
provided in paragraph (2), funds made available under this 
subpart shall be used to supplement, and not supplant, any 
State or local funds used to achieve the purposes of this 
subpart. Paragraph (1) shall not apply to any nonprofit entity 
or Native Hawaiian community-based organization that receives a 
grant or other funds under this subpart.
    Sec. 7205(g) [Administrative Costs] stipulates that except 
as provided in paragraph (2), 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. Not more than 10 percent of funds provided under 
subsection (a) for any fiscal year to a nonprofit entity 
serving the Native Hawaiian community may be used for 
administrative purposes.
    Sec. 7205(h) [Supplement, Not Supplant] requires funds made 
available under this section to be used to supplement, and not 
supplant, any State or local funds used to achieve the purposes 
of this subpart.
    Sec. 7206 [Administrative Provisions] amends section 7206 
as follows:
    Sec. 7206 [Administrative Provisions] requires entities 
seeking a grant or contract under subpart 2 to submit an 
application to the Secretary. Applications submitted must 
describe the criteria that will be used to ensure that projects 
and activities use evidence-based strategies and methods and 
that projects and activities will be monitored. The Secretary 
must provide to the Education Council a copy of each grant or 
contract application submitted under this subpart. Sec. 7206 
also requires each entity that receives a grant under this 
subpart to submit to the Secretary an annual report that 
determines the extent to which activities carried out with 
funds provided under this subpart are effective in improving 
the educational achievement of Native Hawaiian students. As a 
part of the information reported, each entity that receives a 
grant under this subpart shall provide data, using information 
from the most recent year for which data are available, on the 
academic achievement of the Native Hawaiian students the entity 
serves, as measured by the State assessments required under 
section 1111(a), the high school graduation and college-going 
rates of those students, and such other measures as the 
Secretary may prescribe.
    Sec. 7207 [Definitions] defines the following terms: 
``community consultation'', ``Native Hawaiian'', ``Native 
Hawaiian Educational Organization'', ``Native Hawaiian 
Language'', ``Native Hawaiian Organization'', and ``Office of 
Hawaiian Affairs''.

Subpart 2--Alaska Native Education

Sec. 7301 amends title VII by striking section 7301 through 7306 and 
        inserting the following:

    Sec. 7301 [Short Title] states that this subpart may be 
cited as the ``Alaska Native Educational Equity, Support, and 
Assistance Act''.
    Sec. 7302 [Findings] describes the following findings: (1) 
the attainment of educational success is critical to the 
betterment of the conditions, long-term well-being, and 
preservation of the culture and languages 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 and to support 
efforts developed by and undertaken within the Alaska Native 
community to improve educational opportunity for all students; 
(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 and, as a 
result, Alaska Native students are being denied their 
opportunity to become full participants in society; (5) the 
programs authorized in this part 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) Alaska 
Native children should be afforded the opportunity to begin 
their formal education on a par with their non-Native peers and 
the Federal Government should lend support to efforts developed 
by and undertaken within the Alaska Native community to improve 
educational opportunity for all students; (8) in 1983, pursuant 
to Public Law 98-63, Alaska ceased to receive educational 
funding from the Bureau of Indian Affairs.
    Sec. 7303 [Purposes] describes the following purposes: (1) 
to address the critical need to meet the unique educational 
needs of Alaska Natives; (2) to authorize the development and 
expansion 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 subpart; (4) to provide direction and guidance to 
appropriate Federal, State and local agencies to focus 
resources, including resources made available under this 
subpart, on meeting the educational needs of Alaska Natives; 
(5) To ensure the maximum participation by Alaska Natives in 
the planning and management of programs designed to serve 
Alaska Natives.
    Sec. 7304 [Program Authorized] directs the Secretary 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 the educational needs of Alaska 
Natives, and consortia of organizations and entities described 
in this paragraph to carry out programs that meet the purposes 
of this subpart. Sec. 7304(a)(2) describes the following 
permissible activities: (A) the development and implementation 
of plans, methods, and strategies to improve the of Alaska 
Natives; (B) the development of curricula and programs that 
address the educational needs of Alaska Native students, 
including curricula materials, instructional programs, and best 
practice networks; (C) training and professional development 
activities for educators, including training to develop 
appreciate for and understanding of Alaska Native culture, 
values and ways of learning and the preparation and recruitment 
of teachers, principals and superintendents who are Alaska 
Native; (D) the development and operation of home instruction 
programs for Alaska Native preschool children to ensure active 
parental involvement; (E) family literacy services; (F) the 
development and operation of student enrichment programs, 
including such programs in science, technology, engineering, 
and mathematics that prepare students to excel in such 
subjects, provide support services to the families to support 
student success, and include activities that recognize and 
support the unique cultural and educational needs of Alaska 
Native children; (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 subpart; 
(I) remedial and enrichment programs to assist Alaska Native 
students to be college- or career-ready upon graduation from 
high school; (J) 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; (K) culturally based 
education programs designed and provided by an entity with 
demonstrated experience in providing programs of study to share 
the rich and diverse cultures of Alaska Native peoples among 
youth, elders, teachers, and larger community, instructing 
Alaska Native youth in leadership, communication, Native 
culture, arts, and languages, increasing the high school 
graduation rate of Alaska Native students, providing 
instruction in Alaska Native history and ways of living, 
providing intergenerational learning and internship 
opportunities, and providing cultural immersion activities; (L) 
a statewide on-site exchange program, for both students and 
teachers, involving schools and culture camps that demonstrates 
effectiveness in facilitating cultural relationships between 
urban and rural Alaskans to build mutual respect and 
understanding, and foster a statewide sense of common identity 
through host family, school, and community cross-cultural 
immersion; (M) activities carried through Head Start programs 
carried out under the Head Start Act, including training of 
teachers for such programs; (N) other early learning and 
preschool programs; (O) education programs for at-risk urban 
Alaska Native students in kindergarten through grade 12 that 
are operated by tribes or tribal organizations that have 
demonstrated experience in increasing graduation rates among 
such students and that include a culturally informed curriculum 
designed to preserve and promote Alaska Native culture, partner 
with the local school district, provide high quality academic 
instruction and support for students, increase parental 
involvement, improve academic proficiency and graduation rates, 
provide college preparation and career planning, and 
incorporate data collection; (P) a statewide program that has 
demonstrated effectiveness in providing technical assistance 
and support to schools and communities in order to engage 
adults in promoting the academic progress and overall well-
being of young people through strengths-based approaches to 
child and youth development, positive youth-adult 
relationships, improved conditions for learning (such as school 
climate and student connection to school and community), and 
increased connections between schools and families; (Q) career 
preparation activities to enable Alaska Native children and 
adults to prepare for meaningful employment, including programs 
providing career and technical preparation, mentoring, 
training, and apprenticeship activities; (R) the provision of 
operational support and the purchase of equipment to develop 
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; (S) other activities, consistent with the 
purposes of this subpart, to meet the educational needs of 
Alaska Native children and adults; and (T) regional leadership 
academies that demonstrate effectiveness in building respect 
and understanding and fostering a sense of Alaska Native 
identity to promote Alaska native students pursuit of, and 
success in, completing higher education or career training. (3) 
Home instruction programs for Alaska Native preschool children 
that may include programs for parents and their infants, 
preschool programs, or training education and support for 
parents. Subsection (b) provides that no more than 5 percent of 
funds may be used for administrative purposes. Subsection (c) 
provides that in awarding grants or contracts priority shall be 
given to applications from Alaska Native regional nonprofit 
organizations, Alaska Native organizations, or consortia that 
include not less than one Alaska Native regional nonprofit 
organization.
    Sec. 7305 [Administrative Provisions] requires an 
application to be submitted to the Secretary before grants or 
contracts can be made. Subsection (b) provides that a State 
educational agency or local educational agency may apply for an 
award only as part of a consortium involving an Alaska Native 
organization. Subsection (c) requires each applicant to provide 
for ongoing advice from and consultation with representatives 
of the Alaska Native community. Subsection (d) requires each 
entity that applies for a grant to inform local educational 
agencies.
    Sec. 7306 [Definitions] defines the following terms: 
``Alaska Native'' and ``Alaska Native organization''.

                         Title VIII: Impact Aid


Section 8001-8008 amends the below ESEA sections as follows:

    Sec. 8001 [Purpose] specifies that the purpose of the 
program is to provide financial assistance to local educational 
agencies to assist in the provision of services to federally 
connected children to help them meet college- and career-ready 
State academic content and student academic achievement 
standards.
    Section 8002 [Payments Relating to Federal Acquisition of 
Real Property]
    Sec. 8002(b) [Amount] provides that in calculating the 
amount that a local educational agency is eligible to receive 
for a fiscal year, the Secretary must apply the current levied 
real property tax rate for current expenditures levied by 
fiscally independent local educational agencies, or imputed for 
fiscally dependent local educational agencies, to the current 
annually determined estimated taxable value of the acquired 
Federal property. In determining the total taxable value of 
such acquired Federal property for fiscal year 2011 and each 
succeeding fiscal year, the Secretary must: (1) first determine 
the total taxable value for the purpose of levying property tax 
for school purposes for current expenditures of real property 
located within the boundaries of the local educational agency; 
(2) then determine the per acre value of the eligible Federal 
property by dividing the total taxable value by the difference 
between the total acres located within the boundaries of the 
local educational agency and the number of Federal acres 
eligible under this section; and (3) then multiply the per acre 
value by the number of eligible Federal acres. When two or more 
local educational agencies share eligible Federal property, a 
local educational agency can ask the Secretary to calculate the 
per acre value of each local educational agency and apply the 
average of these per acre values to the acres of the Federal 
property in that agency.
    Sec. 8002(g) [Former Districts] provides that for fiscal 
year 2006 and all succeeding fiscal years, if an eligible local 
educational agency is formed at any time after 1938 by the 
consolidation of two or more former school districts, the local 
educational agency can choose to have the Secretary determine 
its eligibility and any amount for which it is eligible for any 
fiscal year on the basis of one or more of those former 
districts, as designated by the local educational agency. 
Eligible local educational agencies include: (1) any local 
educational agency that, for fiscal year 1994 or any preceding 
fiscal year, applied, and was determined to be eligible under 
Public Law 81-874; or (2) a local educational agency formed by 
the consolidation of two or more districts, at least one of 
which was eligible for assistance for the fiscal year 
proceeding the year of consolidation, if (a) for fiscal years 
2006 through 2011, the local educational agency had notified 
the Secretary of the designation not later than 30 days after 
the enactment of this act; and (b) for fiscal year 2012, and 
any subsequent fiscal year, the local educational agency 
includes the designation in its application.
    Sec. 8002(h) [Payments with Respect to Fiscal Years in 
Which Insufficient Funds are Appropriated] requires the 
Secretary to first make a foundation payment to each local 
educational agency that was eligible to receive a payment for 
fiscal year 2007. The amount of this payment must be equal to 
90 percent of the payment the local educational agency received 
in 2006. If the amount appropriated for the Impact Aid program 
is insufficient to pay the full amount for all eligible local 
educational agencies for the fiscal year, then the Secretary 
must ratably reduce the payment. From the amount that is left 
over, the Secretary must make payments to each local 
educational agency that the Secretary determines eligible for a 
payment for a fiscal year after 2007, for the fiscal year for 
which such agency was determined eligible for the payment. The 
amount of the local educational agency's foundation payment 
must be equal to its foundation payment for the first fiscal 
year for any succeeding fiscal year. For local educational 
agencies determined to be eligible after 2007, the payment must 
be calculated by: (i) calculating the local educational 
agency's maximum payment; (ii) calculating the percentage that 
the amount appropriated for the Impact Aid program for the most 
recent fiscal year for which the Secretary has completed making 
payments is of the total maximum payments for that fiscal year 
for all local educational agencies eligible for a payment 
relating to Federal acquisition of real property and multiply 
the agency's maximum payment by that percentage; and (iii) 
multiplying the amount by 90 percent. From any funds remaining 
after making all foundation payments for the fiscal year 
involved, the Secretary must make a payment to each local 
educational agency that received a foundation payment in an 
amount that bears the same relation to the remainder as a 
percentage share determined for the local educational agency 
bears to the percentage share for all local educational 
agencies eligible to receive a payment for the fiscal year 
involved, except that data from the most current fiscal year 
must be used.
    Sec. 8002(i) [Special Payments] specifies, for fiscal years 
in which insufficient funds are appropriated, that the 
calculation of the foundation payment for a local educational 
agency that meets the requirements below must be equal to 90 
percent of the payment received in fiscal year 2005, for fiscal 
year 2011 and each succeeding fiscal year. Impacted districts 
are those that: (A) received a payment for fiscal year 1996; 
(B) serve a school district that contains all or a portion of 
U.S. military academy; (C) serves a school district in which at 
least 60 percent of the real property is federally owned; and 
(D) demonstrate to the Secretary that the per-pupil revenue 
derived from local sources is not less than that revenue for 
the preceding fiscal year.
    Sec. 8002(m) [Records] allows the Secretary to base a 
determination of eligibility on original records (including 
reproductions of those records) documenting the assessed value 
of real property, prepared by a legally authorized official as 
of the time of the Federal acquisition, or other records that 
the Secretary determines to be appropriate and reliable, 
including Federal agency records or local historical records.
    Section 8003 [Payments for Eligible Federally Connected 
Children]
    Sec. 8003(a)(1) [Computation of Payment--In General] 
specifies that for the purpose of computing the amount an 
agency is eligible to receive as a basic support payment for 
its federally connected children or for students with 
disabilities, the Secretary must determine the number of 
federally connected children who were in average daily 
attendance (including children enrolled in a State that has an 
open enrollment policy, but not including children enrolled in 
a distance learning program who are not residing within the 
agencies geographic boundaries.
    Sec. 8003(a)(4) [Computation of Payment--Military 
Installation and Indian Housing Undergoing Renovation or 
Rebuilding] counts children as federally connected even if they 
did not reside on Federal property because said property was 
undergoing renovation or rebuilding, or was authorized for 
demolition. It specifies that children can only be so counted 
for 4 years.
    Sec. 8003(a)(5) [Computation of Payment--Military ``Build 
to Lease'' Program Housing] requires the Secretary, in 
computing the amount of payment for a local educational agency 
for federally connected children, to consider children residing 
in housing initially acquired or constructed under the ``Build 
to Lease'' program, or under lease of off-base property to 
reside on Federal property.
    Sec. 8003(b)(2)(B) [Eligibility for Heavily Impacted Local 
Educational Agencies] provides that a heavily impacted local 
educational agency is eligible to receive a basic support 
payment if it: (1) is a local educational agency whose 
boundaries are the same as a Federal military installation, or 
whose boundaries are the same as island property designated by 
the Secretary of the Interior to be property that is held in 
trust by the Federal Government, and that has no taxing 
authority; (2) is a local educational agency that (A) has an 
enrollment of federally connected children that constitutes a 
percentage of the total student enrollment of the agency that 
is not less than 45 percent; (B) has a per-pupil expenditure 
that is less than (i) for an agency that has a total student 
enrollment of 500 or more students, 125 percent of the average 
per-pupil expenditure of the State in which the agency is 
located; or (ii) for an agency that has a total student 
enrollment of less than 500 students, 150 percent of the 
average per-pupil expenditure of the State in which the agency 
is located, or the average per-pupil expenditure of three or 
more comparable local educational agencies in the State in 
which the agency is located; (C) is an agency that (i) has a 
tax rate for general fund purposes that is not less than 95 
percent of the average tax rate for general fund purposes of 
comparable local educational agencies in the State; or (ii) was 
eligible to receive a payment under this subsection for fiscal 
year 2012 and is located in a State that by State law has 
eliminated ad valorem tax as a revenue source for local 
educational agencies; or (D) has an enrollment of children 
described in subsection (a)(1) that constitutes a percentage of 
the total student enrollment of the agency which is not less 
than 30 percent, and has a tax rate for general fund purposes 
which is not less than 125 percent of the average tax rate for 
general fund purposes for comparable local educational agencies 
in the State; or (3) is a local educational agency that has a 
total student enrollment of not less than 25,000 students, of 
which not less than 50 percent are children federally connected 
and not less than 5,500 of such children resided on Federal 
property with a parent employed on Federal property within the 
local educational agency's school district boundaries or 
resided on Federal property with a parent who is on active 
duty. Generally, a heavily impacted local educational agency 
that met these requirements is ineligible to receive a basic 
support payment if the agency fails to meet the requirements 
for the subsequent fiscal year except that it will continue to 
receive a basic support payment for the fiscal year for which 
the ineligibility determination is made. However, a local 
educational agency with an enrollment of federally connected 
children that is at least 35 percent of total enrollment and 
that was also eligible in 2001 retains its eligibility. A local 
educational agency that is eligible for basic support payments, 
but whose tax rate for general fund purposes falls below 95 
percent of the average tax rate for general fund purposes of 
local educational agencies in the State for 2 consecutive years 
loses its eligibility. A heavily impacted local educational 
agency that becomes ineligible for at least 1 fiscal year can 
resume eligibility for a basic support payment for a subsequent 
fiscal year if it meets the requirements. However, it cannot 
receive a payment until the fiscal year after the eligibility 
determination. For the first fiscal year for which a heavily 
impacted local educational agency applies for a basic support 
payment, or with respect to the first fiscal year for which a 
heavily impacted local educational agency applies for a basic 
support payment after becoming ineligible for 1 or more 
preceding fiscal years, the agency must apply for the payment 
at least 1 year prior to the start of that first fiscal year.
    Sec. 8003(b)(2)(C) [Maximum Amount for Heavily Impacted 
Local Educational Agencies] provides that the maximum amount 
that a heavily impacted local educational agency is eligible to 
receive for any fiscal year is the sum of the total weighted 
student units, multiplied by the greater of (1) four-fifths of 
the average per-pupil expenditure of the State in which the 
local educational agency is located for the third fiscal year 
preceding the fiscal year for which the determination is made; 
or (2) four-fifths of the average per-pupil expenditure of all 
of the States for the third fiscal year preceding the fiscal 
year for which the determination is made. The section also 
creates special calculations for certain local educational 
agencies, including those with large and small numbers of 
certain eligible children.
    Sec. 8003(b)(2)(D) [Maximum Amount for Large Heavily 
Impacted Local Educational Agencies] provides that the maximum 
amount that a heavily impacted local educational agency is 
eligible to receive for any fiscal year must be determined 
using the formula for the maximum amount of basic support 
payments. For purposes of calculating the maximum amount, this 
section specifies that the factor used in determining the 
weighted student units is 1.35. It defines a heavily impacted 
local educational agency as a local educational agency that has 
a total student enrollment of not less than 25,000 students, of 
which not less than 50 percent are federally connected and not 
less than 5,500 of such children reside on Federal property 
with a parent that is either employed on Federal property or on 
active duty.
    Sec. 8003(b)(2)(E) [Data] requires the Secretary to use 
student, revenue, expenditure, and tax data from the third 
fiscal year preceding the fiscal year for which the local 
educational agency is applying for assistance.
    Sec. 8003(b)(2)(G) [Eligibility for Heavily Impacted Local 
Educational Agencies Affected by Privatization of Military 
Housing] deems eligible for payment, heavily impacted local 
educational agencies who are ineligible due to conversion of 
military housing units to private housing, or as the direct 
result of base realignment and closure or modularization as 
determined by the Secretary of Defense, force structure change, 
or force relocation.
    Sec. 8003(b)(3)(B) [Learning Opportunity Threshold] 
requires the Secretary to disregard children in distance 
learning programs who do not reside within the geographic 
boundaries of the local educational agency from its total 
enrollment when calculating the agency's learning opportunity 
threshold percentage.
    Sec. 8003(b)(3)(D) [Ratable Distribution] sets a formula 
the Secretary must use for each fiscal year in which there are 
insufficient funds to make the total payments for federally 
connected children, but for which the funds appropriated exceed 
the amount required to pay each local educational agency 100 
percent of the local educational agency's learning opportunity 
threshold payment.
    Sec. 8003(b)(3)(H) [Special Rule] requires the Secretary to 
deem each local educational agency that received a fiscal year 
2009 basic support payment for heavily impacted local 
educational agencies under this paragraph as eligible to 
receive a basic support payment for heavily impacted local 
educational agencies under this paragraph for each of fiscal 
2010, 2011, and 2012 and make payments for each of those years.
    Sec. 8003(b)(3)(I) [Continued Eligibility for a Heavily 
Impacted Local Educational Agency Entering Into] specifies 
that, for any fiscal year, a heavily impacted local educational 
agency that received a basic support payment under this 
paragraph for the fiscal year prior to the fiscal year for 
which the local educational agency entered into an 
intergovernmental cooperative agreement with a State 
educational agency must remain eligible to receive a basic 
support payment under this paragraph for the duration of the 
intergovernmental cooperative agreement, but in no case for 
more than 5 years.
    Sec. 8003(c) [Prior Year Data] provides an exception to the 
requirement that calculations for distribution of payments for 
federally connected children be based on prior year data.
    Sec. 8003(e) [Hold Harmless] requires the Secretary to pay 
local educational agencies, in 2012, 90 percent of the basic 
support payment it received in 2011, in 2013, 85 percent of the 
basic support payment it received in 2012, and in 2014, 80 
percent of the basic support payment it received in 2013.
    Section 8007 [Construction]
    Sec. 8007(a) [Construction Payments Authorized] authorizes 
construction payments to each local educational agency that 
receives a basic support payment for federally connected 
children for that fiscal year. The local educational agency 
must also meet one of the following requirements: (1) the 
number of children who are federally connected because they 
resided on Indian lands for the preceding school year 
constituted at least 50 percent of the total student enrollment 
in the schools of the agency during the preceding school year; 
(2) the number of children who are federally connected because 
they (a) lived on Federal property and had a parent on active-
duty or (b) did not live on Federal property, but had a parent 
on active duty, for the preceding school year constituted at 
least 50 percent of the total student enrollment in the schools 
of the agency during the preceding school year; or (3) the 
agency is heavily impacted or has lost eligibility but is 
receiving a basic support payment for the year in which the 
eligibility determination is made.
    Section 8010 [Federal Administration]
    Sec. 8010(d) [Timely Payments] requires the Secretary to 
pay a local educational agency the full amount that the agency 
is eligible to receive (or, if applicable, the amount that is 
available to pay the agency) for a fiscal year by September 30 
of the second fiscal year following the fiscal year for which 
the amount has been appropriated if the local educational 
agency submits the necessary information to the Secretary not 
later than 1 calendar year following the fiscal year in which 
the amount has been appropriated.
    Section 8013 [Definitions] changes the definition of 
``Armed Forces'' to include the Coast Guard.

Section 8009 amends ESEA by inserting a new section:

    Sec. 8009 [Eligibility for Impact Aid] sets out special 
eligibility requirements for North Chicago Community Unit 
School District 187.

                      Title IX: General Provisions


Section 9101 amends section 9101 of ESEA as follows:

    Sec. 9101 [Definitions] specifies definitions for the 
following terms:

(1) Adjusted cohort; entering cohort; transferred into; 
transferred out
(2) Advanced placement and International Baccalaureate course
(3) Advanced placement or international baccalaureate 
examination
(4) Authorizing committees
(5) Average daily attendance
(6) Average per-pupil expenditure
(7) Charter management organization
(8) Child
(9) Child with a disability
(10) Conditions for learning
(11) Consolidated local application
(12) Consolidated local plan
(13) Consolidated State application
(14) Consolidated State plan
(15) Core academic subject
(16) Covered program
(17) Current expenditures
(18) Department
(19) Developmental delay
(20) Distance learning
(21) Educational service agency
(22) Elementary school
(23) English learner
(24) Evidence-based
(25) Expanded learning time
(26) Family literacy activities
(27) Family member
(28) Free public education
(29) Gifted and talented
(30) Graduation rates
(31) High school
(32) Highly qualified teacher
(33) High-need local educational agency
(34) High-need school
(35) Institution of higher education
(36) Leading indicators
(37) Local educational agency
(38) Magnet school
(39) Mutual consent
(40) Native American and Native American Language
(41) On track to college and career readiness
(42) Outlying area
(43) Parent
(44) Poverty line
(45) Professional development
(46) Regular secondary school diploma
(47) Scientifically based research
(48) Scientifically valid research
(49) Secondary school
(50) Secretary
(51) Specialized instructional support personnel; Specialized 
instructional support services
(52) State
(53) State Advisory Council on Early Childhood Education and 
Care
(54) State educational agency
(55) Teacher mentoring
(56) Turnaround partner
(57) Universal design for learning

    Sec. 9101(b) [Conforming Amendments] makes conforming 
amendments.

Section 9102 [Unsafe School Choice Option] amends section 9532(a) of 
        ESEA as follows:

    Sec. 9102 [Unsafe School Choice Option] specifies that a 
student who is threatened with or becomes a victim of a crime 
in or on the grounds of a school can attend another school in 
the local educational agency.

Section 9103 [Evaluation Authority] amends section 9601 as follows:

    Sec. 9601 [Evaluation Authority]
    Sec. 9601(a)(1-5) [Reservation of Funds] provides that 
except as provided in subsection (b), the Secretary of 
Education is permitted to reserve no more than 3 percent of the 
amount appropriated to carry out each categorical program and 
demonstration project authorized under the act. The reserved 
funds will be used by the Secretary via the Director of the 
Institute of Education Sciences to: (1) conduct comprehensive, 
high-quality evaluation of the program or project that provide 
information for policymaking and to support continuous 
improvement and use methods appropriate for the evaluation 
questions being asked; (2) provide technical assistance to 
grant recipients about the conduct of the evaluation activities 
the grantees carry out under the act and the collection and 
reporting of performance data relating to the program or 
project, (3) evaluate the aggregate short- and long-term 
effects and costs efficiencies across Federal programs assisted 
or authorized under the act and related Federal preschool, 
elementary and secondary programs; (4) increase the usefulness 
of evaluation of grant recipients in order to ensure the 
continuous improvement of programs or project by improving the 
quality, timeliness, efficiency, dissemination and use of 
information relating to performance under the program or 
project; and (5) identify and disseminate research and best 
practices related to the programs and projects authorized under 
the act.
    Sec. 9601(b) [Title I] states that the Secretary is 
permitted to reserve no more than 1 percent of funds 
appropriated for title I.
    Sec. 9601(c)(1-2) [Evaluation Plan] requires that beginning 
not more than 1 year after the enactment of the Elementary and 
Secondary Education Reauthorization Act, the Secretary must 
annually develop and submit to Congress a plan that: (1) 
describes the timeline for evaluation of the programs and 
projects under the act; and (2) describes the specific 
evaluation activities the Secretary intends to carry out for 
such programs and projects during the following year.
    Sec. 9601(d) [Evaluation Activities Authorized Elsewhere] 
provides that if funds are authorized elsewhere in the act, 
other than title I, the Secretary may not reserve additional 
funds under this section for evaluation of that program or 
project.
    Sec. 9601(e) [Special Rule Regarding Allocation For Impact 
Evaluations] requires that the Secretary use not less than 30 
percent of funds reserved under section 9601 for each of the 
fiscal years 2012 through 2017, for impact evaluations that 
meet the requirements in subsection (a)(1).

Title X: Commission on Effective Regulation and Assessment Systems for 
                             Public Schools


Section 10011 adds the following to ESEA

    Sec. 10011 [Short Title] states that the title may be cited 
as the ``Commission on Effective Regulation and Assessment 
Systems for Public Schools Act''.
    Sec. 10012(1-2) [Definitions] defines the terms 
``Chairperson'' and ``Commission''.
    Sec. 10013(a-b) [Establishment of Commission on Effective 
Regulation and Assessment Systems for Public Schools] directs 
that the Secretary will establish the Commission on Effective 
Regulation and Assessment Systems for Public Schools within 30 
days of the enactment of this act. The Commission will: (1) 
examine the regulatory requirements on elementary and secondary 
education at the Federal, State, and local levels; (2) make 
recommendations on how to align and improve requirements in 
such regulations; (3) examine the quality and purpose of 
current requirements; and (4) make recommendations to improve 
and align assessment systems to provide meaningful information 
and improve student achievement, teacher performance, and 
innovation.
    Sec. 10013(c) [Membership] directs that the Commission will 
be composed of four Governors, six State legislators, two chief 
State school officers, two State superintendents, two 
principals, two teachers, two assessment experts, and two 
teacher and principal effectiveness experts. The Secretary will 
solicit input and nominations for appointing members of the 
Commission from Governors, members of Congress, State 
legislators, and superintendents, principals, teachers, and 
other members of the education community in addition to 
parents, students, and other members of the general public. The 
Secretary will determine Commission members after considering 
recommendations and input.
    Sec. 10013(d) [Chairperson] directs that the Secretary will 
appoint a Governor as the Chairperson of the Commission.
    Sec. 10013(e) [Meetings] states that, at the call of the 
Chairperson, the Commission will meet at least once every 6 
months and such other meetings as the Chairperson sees fit. All 
meetings will be open to the public.
    Sec. 10013(f) [Quorum] states that a majority of the 
Commission members shall constitute a quorum, but a lesser 
number of members may hold hearings.
    Sec. 10013(g) [Initial Meeting] states that the first 
meeting of the Commission will take place within 60 days after 
the enactment of this act.
    Sec. 10014 [Powers of the Commission]
    Sec. 10014(a) [Hearings] states that the Commission will 
hold hearings, take testimony, and receive evidence as the 
Commission determines is appropriate. In hearings under this 
subsection, the Commission will consider inviting witnesses 
from, among other groups, teachers, parents, principals, 
superintendents, Federal, State, and local educational agency 
personnel, researchers and other experts, and any other 
individuals the Commission determines is appropriate.
    Sec. 10014(b) [Information from Federal Agencies] states 
that the Commission may obtain information directly from any 
Federal department or agency as the Commission considers 
necessary. Upon request of the Chairperson, the department or 
agency head will furnish such information to the Commission.
    Sec. 10015 [Duties of the Commission]
    Sec. 10015(a)(1-3) [Duties] explains that the Commission 
shall take action to fully understand the issues of effective 
regulation and assessment systems for public schools. The 
Commission will focus on examining the over-regulation and the 
effective testing of public schools. In conducting its work, 
the Commission may examine examples of State educational agency 
and local educational agency regulations and testing 
requirements.
    Sec. 10015(b) [Reports] directs the Commission to submit 
regular reports to the Secretary and the members of the 
authorizing committees, including a report within 1 year of the 
Commission's first meeting and on an annual basis thereafter. 
The Commission shall prepare a public report analyzing findings 
of the Commission and making recommendations for Federal, 
State, and local policymakers, which will be broadly 
disseminated to the general public.
    Sec. 10015(c) [Testimony] directs the Chairperson to 
provide testimony to the authorizing committees annually.
    Sec. 10016 [Commission Personnel Matters]
    Sec. 10016(a) [Compensation of Members] states that each 
member of the Commission will serve without compensation for 
service on the Commission.
    Sec. 10016(b) [Travel Expenses] states that members of the 
Commission will be allowed travel expenses while away from 
their homes or regular places of business when performing 
services for the Commission.
    Sec. 10016(c)(1-2) [Assistance] directs the Assistant 
Secretary of Elementary and Secondary Education to assist the 
Commission without reimbursement upon request of the 
Commission. Any Federal Government employee may be detailed to 
the Commission without reimbursement, and such detail shall be 
without interruption or loss of civil service status or 
privilege.

      Title XI: Amendments to Other Laws; Miscellaneous Provisions


Part A--Amendments to Other Laws

Subpart 1--McKinney-Vento Homeless Assistance Act

Section 11011 states that the subpart may be cited as the ``McKinney-
        Vento Homeless Education Reauthorization Act of 2011''.

Section 11012 amends the McKinney-Vento Homeless Assistance Act as 
        follows:

    Sec. 721 [Statement of Policy] states the following as the 
policy of Congress. (1) Each State shall ensure that each 
homeless child and youth has access to the same free 
appropriate public education, including a public preschool 
education, as is provided to other children and youth. (2) In 
any State where compulsory residency requirements or other 
requirements of laws, regulations, practices, or policies may 
act as a barrier to the identification, enrollment, attendance, 
or success in school of homeless children and youth, the State 
shall review and revise such laws, regulations, practices, or 
policies to ensure that homeless children and youth are 
afforded the same free appropriate public education as is 
provided to other children and youth. (3) Homelessness is not a 
sufficient reason to separate students from the mainstream 
school environment. (4) Homeless children and youth shall have 
access to the education and other services that such children 
and youth need to ensure that such children and youth have an 
opportunity to meet the same college- and career-ready State 
student academic achievement standards to which all students 
are held.
    Sec. 722 [Grants for State and Local Activities for the 
Education of Homeless Children and Youth]
    Sec. 722(a) [General Authority] provides that the Secretary 
is authorized to make grants to States.
    Sec. 722(b) [Application] provides that in order for a 
State to be eligible to receive a grant under this section, the 
State educational agency, in consultation with other relevant 
State agencies, shall submit an application to the Secretary.
    Sec. 722(c) [Allocation and Reservations]
    Sec. 722(c)(1)(A) [Allocation; In General] provides that 
the Secretary is authorized to allot to each State an amount 
that bears the same ratio to the amount appropriated that 
remains after the Secretary reserves funds under paragraph (2) 
and uses funds to carry out section 724 (d) and (h), as the 
amount allocated under section 1122 of the Elementary and 
Secondary Education Act of 1965 to the State for that year 
bears to the total amount allocated under section 1122 of such 
act to all States for that year.
    Sec. 722(c)(1)(B)(i-ii) [Minimum Allotments] provides that 
no State shall receive for a fiscal year less than the greater 
of (i) $150,000; or (ii) an amount that bears the same ratio to 
the amount appropriated for such year under section 726 that 
remains after the Secretary reserves funds under paragraph (2) 
and uses funds to carry out section 724 (d) and (h), as the 
amount the State received under this paragraph for the 
preceding fiscal year bears to the total amount received by all 
States under this paragraph for the preceding fiscal year.
    Sec. 722(c)(1)(C) [Reduction for Insufficient Funds] 
provides that if there are insufficient funds in a fiscal year 
to allot to each State the minimum amount under subparagraph 
(B), the Secretary shall ratably reduce the allotments to all 
States based on the proportionate share that each State 
received under this subsection for the preceding fiscal year.
    Sec. 722(c)(2) [Reservations]
    Sec. 722(c)(2)(A) [Students in Territories] states that the 
Secretary is authorized to reserve 0.1 percent of the amount 
appropriated for each fiscal year to be allocated among the 
U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth 
of the Northern Mariana Islands. Such funds shall be used for 
programs that are consistent with the purposes of the programs 
described in this subtitle.
    Sec. 722(c)(2)(B) [Indian Students] (i) requires that the 
Secretary transfer 1 percent of appropriated funds to the 
Department of the Interior for programs that are for Indian 
students served by schools funded by the Secretary of the 
Interior and that are consistent with the purposes of the 
programs described in this subtitle. (ii) Requires that the 
Secretary of Education and the Secretary of the Interior enter 
into an agreement for the distribution and use of the funds 
described in clause (i) under terms that the Secretary of 
Education determines best meet the purposes of the programs 
described in this subtitle.
    Sec. 722(d)(1-4) [State Activities] requires that State 
grant funds be used for the following: (1) to provide 
activities for and services to improve the identification of 
homeless children and youth and enable such children and youth 
to enroll in, attend, and succeed in school; (2) to establish 
or designate an Office of the Coordinator for Education of 
Homeless Children and Youth in the State educational agency; 
(3) to prepare and carry out the duties in the State plan; (4) 
to develop and implement professional development activities 
for liaisons and other local educational agency and school 
personnel, and community agencies to (A) improve their 
identification of homeless children and youth and (B) improve 
their awareness of, and capacity to respond to, specific needs 
in the education of homeless children and youth.
    Sec. 722(e) [State and Local Subgrants]
    Sec. 722(e)(1) [Minimum Disbursements by States] provides 
that the State educational agency (A) may use not more that 20 
percent of the State's allocation or $85,000, whichever amount 
is greater, for State-level activities; and (B) shall use the 
remainder of the State's allocation to award subgrants to local 
educational agencies for the purposes of carrying out section 
723.
    Sec. 722(e)(2) [Use by State Educational Agency] provides 
that a State educational agency may use funds for State-level 
activities to conduct activities directly or through grants or 
contracts.
    Sec. 722(e)(3) [Prohibition on Segregating Homeless 
Students] provides, with the exception of covered counties, no 
State receiving funds under this subtitle shall segregate a 
homeless child or youth in a separate school, or in a separate 
program within a school.
    Sec. 722(f) [Functions of the Office of the Coordinator] 
requires that the Coordinator for Education of Homeless 
Children and Youth established in each State: (1) gather and 
make publicly available reliable, valid, and comprehensive 
information on (A) the nature and extent of the problems 
homeless children and youth have in gaining access to public 
preschool programs, and schools; (B) the difficulties in 
identifying the special needs and barriers to participation and 
achievement of such children and youth; (C) any progress made 
by the State educational agency and local educational agencies 
in the State in addressing such problems and difficulties; and 
(D) the success of the programs under this subtitle in 
identifying homeless children and youth and allowing homeless 
children and youth to enroll in, attend, and succeed in, 
school; (2) develop and carry out the State plan; (3) collect 
data for and transmit to the Secretary reports to assess the 
educational needs of homeless children and youth within the 
State; (4) improve the provision of comprehensive education and 
related support services to homeless children and youth and 
their families, and to minimize educational disruption, through 
collaboration with (A) educators, (B) providers of services to 
homeless children and youth and homeless families, (C) 
providers of emergency, transitional, and permanent housing to 
homeless children and youth, and their families, (D) local 
educational agency liaisons, and (E) community organizations 
and groups representing homeless children and youth and their 
families; (5) provide professional development and technical 
assistance to and conduct monitoring of local educational 
agencies; and (6) make opportunities available for teachers and 
local educational agency liaisons to participate in ongoing and 
relevant professional development programs and activities.
    Sec. 722(g) [State Plan]
    Sec. 722(g)(1)(A-J) [In General] requires that each State 
submit to the Secretary and implement a plan to provide for the 
education of all homeless children and youth within the State. 
Such plan must include the following. (A) A description of how 
such children and youth are (or will be) given the opportunity 
(i) to meet the same college- and career-ready State student 
academic achievement standards as all students are expected to 
meet and (ii) to become college- and career-ready. (B) A 
description of the procedures the State educational agency will 
use, in coordination with local educational agencies, to 
identify such children and youth in the State and to assess 
their needs. (C) A description of procedures for the prompt 
resolution of disputes arising under this subtitle. (D) A 
description of programs for school personnel to increase the 
awareness of such personnel of the specific needs of homeless 
adolescents. (E) A description of procedures that ensure that 
homeless children and youth are able to participate in Federal, 
State, or local nutrition programs. (F) A description of 
procedures that ensure that (i) homeless children have access 
to public preschool programs, administered by the State 
educational agency or local educational agency; (ii) homeless 
youth are identified and accorded equal access to appropriate 
and available secondary education and support services; and 
(iii) homeless children and youth who meet the relevant 
eligibility criteria are able to participate in Federal, State, 
or local programs. (G) Strategies to address problems 
identified in the reports provided to the Secretary. (H) 
Strategies to address other problems with respect to the 
education of homeless children and youth, including enrollment 
problems. (I) A demonstration that the State educational 
agency, and local educational agencies and schools in the 
State, have developed and shall regularly review and revise 
their policies and practices to remove barriers to the 
identification, enrollment, attendance, retention, and success 
of homeless children and youth in schools in the State. (J) 
Assurances that the following will be carried out: (i) the 
State educational agency and local educational agencies in the 
State will adopt policies and practices to ensure that homeless 
children and youth are not stigmatized or segregated on the 
basis of their status as homeless; (ii) local educational 
agencies will designate an appropriate staff person as the 
local educational agency liaison for homeless children and 
youth, who shall have sufficient training and time to carry out 
the duties (iii) the State and local educational agencies in 
the State will adopt policies and practices to ensure that 
transportation is provided at the request of the parent or 
guardian involved to and from the school of origin in 
accordance with specific requirements; and (iv) the State 
educational agency and local educational agencies will adopt 
policies and practices to promote school success for homeless 
children and youth, including access to full participation in 
academic and extracurricular activities that are made available 
to non-homeless students.
    Sec. 722(g)(2) [Compliance] (A) requires that each plan 
adopted under this subsection shall also describe how the State 
will ensure that local educational agencies in the State will 
comply with the requirements specified in the State plan. (B) 
Requires that the State plan indicates what technical 
assistance the State will furnish to local educational agencies 
and how compliance efforts will be coordinated with the local 
educational agency liaisons.
    Section 722(g)(3)(A-C) [School Readiness for Homeless 
Children] states that each State plan adopted under this 
subsection shall ensure that entities carrying out preschool 
programs funded, administered, or overseen by the agency 
involved (A) shall not be required to enroll a homeless child 
immediately in an early learning program that is operating at 
full capacity when the child seeks to enroll; (B) identify and 
prioritize homeless children for enrollment and increase their 
enrollment and attendance in early learning programs; and (C) 
review the educational and related needs of homeless children 
and their families in such agency's service area, in 
coordination with the liaison designated.
    Sec. 722(g)(4)(A-J) [Local Educational Agency Requirements]
    Section 722(g)(4)(A)(i-ii) [In General] provides that the 
local educational agency serving each child or youth to be 
assisted under this subtitle shall, according to the child's or 
youth's best interest (i) continue the child's or youth's 
education in the school of origin for the duration of 
homelessness; or (ii) enroll the child or youth in any public 
school that nonhomeless students who live in the attendance 
area in which the child or youth is actually living are 
eligible to attend.
    Sec. 722(g)(4)(B)(i-v) [Best Interest in School Stability] 
states that in determining the best interest of the child or 
youth under subparagraph (A), the local educational agency 
shall (i) presume that keeping a homeless child or youth in the 
school of origin is in the child's or youth's best interest, 
except when doing so is contrary to the wishes of the child's 
or youth's parent or guardian; (ii) consider student-centered 
factors related to the child's or youth's best interest; (iii) 
if, after conducting the best interest determination described 
in clause (ii), the local educational agency determines that it 
is not in the child's or youth's best interest to attend the 
school of origin or the school requested by the parent, 
guardian, or unaccompanied youth, provide the homeless child's 
or youth's parent or guardian or the unaccompanied youth with a 
written explanation, including a statement regarding the right 
to appeal; (iv) in the case of an unaccompanied youth, ensure 
that the local educational agency liaison assists in placement 
or enrollment decisions under this subparagraph, gives priority 
to the views of such unaccompanied youth, and provides notice 
to such youth of the right to appeal; and (v) provide 
transportation.
    Sec. 722(g)(4)(C)(i) [Enrollment] provides that the school 
selected in accordance with this paragraph shall immediately 
enroll the homeless child or youth, even if the child or youth 
(I) is unable to produce records traditionally required for 
enrollment; (II) has unpaid fines or fees from prior schools or 
is unable to pay fees in the school selected; or (III) has 
missed application or enrollment deadlines during any period of 
homelessness.
    Sec. 722(g)(4)(C)(ii) [Contacting School Last Attended] 
requires that the enrolling school immediately contact the 
school last attended by the child or youth to obtain relevant 
academic and other records.
    Sec. 722(g)(4)(C)(iii) [Relevant Health Records] provides 
that if the child or youth needs to obtain immunizations or 
other required health records, the enrolling school shall 
immediately refer the parent or guardian of the child or youth, 
or the unaccompanied youth, to the local educational agency 
liaison, who shall assist in obtaining necessary immunizations 
or screenings, or records.
    Sec. 722(g)(4)(C)(iv) [No Liability] states that whenever 
the school selected enrolls an unaccompanied youth in 
accordance with this paragraph, no liability shall be imposed 
upon the school by reason of enrolling the youth without parent 
or guardian consent.
    Sec. 722(g)(4)(D) [Records] requires that any record 
ordinarily kept by the school regarding each homeless child or 
youth be maintained (i) so that the records involved are 
available when a homeless child or youth enters a new school or 
school district, even if the child or youth owes fees or fines 
or did not withdraw from the previous school in conformance 
with local withdrawal procedures; and (ii) in a manner 
consistent with section 444 of the General Education Provisions 
Act (20 U.S.C. 1232g).
    Sec.722(g)(4)(E)(i-iv) [Disputes] states that if a dispute 
arises over eligibility, enrollment, school selection, or 
service in a public school or public preschool, or any other 
issue relating to services under this subtitle that: (i) in the 
case of a dispute relating to eligibility for enrollment or 
school selection, the child or youth shall be immediately 
enrolled in the school in which enrollment is sought, pending 
final resolution of the dispute including all available 
appeals; (ii) the parent or guardian of the child or youth 
shall be provided with a written explanation of the school's 
decision regarding eligibility for enrollment, school 
selection, or services, made by the school or the local 
educational agency, which shall include information about the 
right to appeal the decision; (iii) the child, youth, parent, 
or guardian shall be referred to the local educational agency 
liaison, who shall carry out the dispute resolution process as 
expeditiously as possible after receiving notice of such 
dispute; and (iv) in the case of an unaccompanied youth, the 
liaison shall ensure that the youth is immediately enrolled in 
school pending resolution of such dispute.
    Sec. 722(g)(4)(F) [Placement Choice] provides that the 
choice regarding placement shall be made regardless of whether 
the child or youth involved lives with the homeless parents or 
has been temporarily placed elsewhere.
    Sec. 722(g)(4)(G) [School Of Origin Defined] defines the 
term ``school of origin''.
    Sec. 722(g)(4)(H) [Contact Information] provides that 
nothing in this subtitle shall prohibit a local educational 
agency from requiring a parent or guardian of a homeless child 
to submit contact information.
    Sec. 722(g)(4)(I) [Privacy] requires that information 
regarding a homeless child's or youth's living situation be 
treated as a student education record under section 444 of the 
General Education Provisions Act (20 U.S.C. 1232g).
    Sec. 722(g)(4)(J) [Academic Achievement] requires that the 
school selected in accordance with this paragraph ensure that 
homeless children and youth have opportunities to meet the same 
college- and career-ready State student academic achievement 
standards to which other students are held.
    Sec. 722(g)(4)(K) [School Readiness for Homeless Children] 
requires that each local educational agency ensure school 
readiness for homeless children.
    Sec. 722(g)(5) [Comparable Services] states that in 
addition to receiving services provided for homeless children 
and youth under this subtitle or other Federal, State, or local 
laws, regulations, policies, or practices, each homeless child 
or youth to be assisted under this subtitle also shall be 
provided services comparable to services offered to other 
students in the school selected under paragraph (4), including 
the following: (A) transportation services; (B) educational 
services for which the child or youth meets the eligibility 
criteria; (C) programs in career and technical education; (D) 
programs for gifted and talented students; (E) school nutrition 
programs; and (F) health and counseling services.
    Sec.722(g)(6) [Coordination]
    Sec. 722(g)(6)(A)(i-ii) [In General] states that each local 
educational agency must coordinate (i) the provision of 
services under this subtitle with the services of local social 
services agencies and other agencies or entities providing 
services to homeless children and youth and their families; and 
(ii) transportation, transfer of school records, and other 
interdistrict activities, with other local educational 
agencies.
    Sec. 722(g)(6)(B) [Housing Assistance] requires that each 
State educational agency and local educational agency that 
receives assistance under this subtitle shall coordinate, if 
applicable, with State and local housing agencies responsible 
for developing comprehensive housing affordability strategy to 
minimize education disruption for children and youth who become 
homeless.
    Sec. 722(g)(6)(C)(i-iii) [Coordination Purpose] requires 
that the coordination required under subparagraphs (A) and (B) 
be designed to: (i) ensure that all homeless children and youth 
are identified within a reasonable time frame; (ii) ensure that 
homeless children and youth have access to and are in 
reasonable proximity to available education and related support 
services; and (iii) raise the awareness of school personnel and 
service providers of the effects of short-term stays in a 
shelter and other challenges associated with homelessness.
    Sec. 722(g)(6)(D) [Homeless Children and Youths With 
Disabilities] states that for children and youth who are to be 
assisted both under this subtitle, and under the Individuals 
with Disabilities Education Act or section 504 of the 
Rehabilitation Act of 1973, each local educational agency shall 
coordinate the provision of services under this subtitle with 
the provision of programs for children with disabilities served 
by such local educational agency and other involved local 
educational agencies.
    Sec. 722(g)(7) [Local Educational Agency Liaison]
    Sec. 722(g)(7)(A)(i-x) [Duties] requires that each local 
educational agency liaison for homeless children and youth 
ensure that: (i) all homeless children and youth are identified 
by school personnel and through outreach and coordination 
activities with other entities and agencies; (ii) homeless 
children and youth are enrolled in, and have a full and equal 
opportunity to succeed in, schools of that local educational 
agency; (iii) homeless families, and homeless children and 
youth, have access to educational services for which such 
families, children, and youth are eligible; (iv) homeless 
families, and homeless children and youth receive referrals to 
health care services, dental services, mental health and 
substance abuse services, housing services, and other 
appropriate services; (v) the parents or guardians of homeless 
children and youth are informed of the educational and related 
opportunities available to their children and are provided with 
meaningful opportunities to participate in the education of 
their children; (vi) public notice of the educational rights of 
homeless children and youth is incorporated into documents 
related to residency requirements or enrollment, provided upon 
school enrollment and withdrawal, posted on the local 
educational agency's Web site, and disseminated in locations 
frequented by parents or guardians of such children and youth, 
and unaccompanied youth; (vii) disputes are resolved in 
accordance with paragraph (4)(E); (viii) the parent or guardian 
of a homeless child or youth, and any unaccompanied youth, is 
fully informed of all transportation services; (ix) school 
personnel are adequately prepared to implement this subtitle 
and receive professional development, resource materials, 
technical assistance, and other support; and (x) unaccompanied 
youth (I) are enrolled in school; (II) have opportunities to 
meet the same college- and career-ready State student academic 
achievement standards to which other students are held; and 
(III) are informed of their status as independent students 
under section 480 of the Higher Education act of 1965.
    Sec. 722(g)(7)(B) [Notice] requires that State Coordinators 
appointed under subsection (d)(3) and local educational 
agencies inform school personnel, service providers, and 
advocates working with homeless families and homeless children 
and youth of the contact information and duties of the local 
educational agency liaisons.
    Sec. 722(g)(7)(C) [Local and State Coordination] requires 
that the local educational agency liaisons, as a part of their 
duties, coordinate and collaborate with the State Coordinators 
and community and school personnel. Such coordination shall 
include collecting and providing to the State Coordinator the 
data needed.
    Sec. 722(g)(7)(D) [Professional Development] requires that 
the local educational agency liaisons participate, as 
appropriate, in the professional development and other 
technical assistance activities provided by the State 
Coordinator.
    Sec. 722(h) [Special Rule for Emergency Assistance]
    Sec. 722(h)(1) [Emergency Assistance]
    Sec. 722(h)(1)(A) [Reservation of Amounts] states that the 
Secretary may use funds appropriated under section 726 for 
fiscal year 2012, for the purposes of providing emergency 
assistance through grants.
    Sec. 722(h)(1)(B) [General Authority] requires that the 
Secretary use the funds to make grants to State educational 
agencies to enable the agencies to make subgrants to local 
educational agencies to provide activities for specific 
individuals.
    Sec. 722(h(1)(C)(i-ii) [Eligible Individuals] requires that 
funds made available under this subsection be used to provide 
such activities for eligible individuals, consisting of 
homeless children and youths, and their families, who (i) have 
become homeless due to home foreclosure; or (ii) have become 
homeless due to a major disaster.
    Sec. 722(h)(2) [Grants to State Educational Agencies]
    Sec. 722(h)(2)(A) [Disbursement] requires that the 
Secretary make grants with funds provided for emergency 
assistance to State educational agencies based on need, 
consistent with the number of eligible individuals in the 
States involved.
    Sec. 722(h)(2)(B) [Assurance] states that to be eligible to 
receive a grant under this paragraph, a State educational 
agency shall provide an assurance to the Secretary that the 
State educational agency, and each local educational agency 
receiving a subgrant from the State educational agency under 
this subsection, that the activities carried out under this 
subsection are consistent with the authorized local activities.
    Sec. 722(h)(3) [Subgrants to Local Educational Agencies] 
provides that a State educational agency that receives a grant 
under paragraph (2) shall use the funds made available through 
the grant to make subgrants to local educational agencies. The 
State educational agency shall make the subgrants to local 
educational agencies based on need, consistent with the number 
of eligible individuals in the areas served by the local 
educational agencies.
    Sec. 722(h)(4)(A-B) [Restriction] requires that the 
Secretary--(A) shall determine the amount (if any) by which the 
funds appropriated under section 726 for fiscal year 2009 
exceed $70,000,000; and (B) may only use funds from that amount 
to carry out this subsection.
    Sec. 722(i) [School Readiness for Homeless Children] 
requires that each State educational agency and local 
educational agency receiving assistance under this subtitle 
ensure that programs serving public preschool children comply 
with the requirements of this subtitle.
    Sec. 723 [Local Educational Agency Subgrants for the 
Education of Homeless Children and Youth]
    Sec. 723(a)(1) [In General] requires that the State 
educational agency make subgrants to local educational agencies 
for the purpose of facilitating the identification, enrollment, 
attendance, and success in school of homeless children and 
youth.
    Sec. 723(a)(2) [Services]
    Sec. 723(a)(2)(A)(i-ii) [In General] states that services 
under paragraph (1): (i) may be provided through programs on 
school grounds or at other facilities; and (ii) shall be 
provided through existing programs and mechanisms that 
integrate homeless children and youth with nonhomeless children 
and youth.
    Sec. 723(a)(2)(B) [Services on School Grounds] states that 
if services under paragraph (1) are provided to homeless 
children and youth on school grounds, the school involved may 
use funds under this subtitle to provide the same services to 
other children and youth who are determined by the local 
educational agency serving the school to be at risk of failing 
in, or dropping out of, school.
    Sec. 723(a)(3) [Requirement] states the services provided 
under this section shall not replace the regular academic 
program and shall be designed to expand upon or improve 
services provided as part of the school's regular academic 
program.
    Sec. 723(a)(4) [Duration of Grants] requires that subgrants 
awarded under this section cannot exceed terms of 3 years.
    Sec. 723(b)(1-7) [Application] states that a local 
educational agency that desires to receive a subgrant under 
this section shall submit an application to the State 
educational agency that shall include the following: (1) an 
assessment of the educational and related needs of homeless 
children and youth in the area served by the local educational 
agency; (2) a description of the services and programs for 
which assistance is sought to address the needs identified in 
paragraph (1); (3) an assurance that the local educational 
agency's combined fiscal effort per student, or the aggregate 
expenditures of that agency and the State with respect to the 
provision of free public education by such agency for the 
fiscal year preceding the fiscal year for which the subgrant 
determination is made, was not less than 90 percent of such 
combined fiscal effort or aggregate expenditures for the second 
fiscal year preceding the fiscal year for which the 
determination is made; (4) an assurance that the applicant 
complies with, or will use requested funds to comply with, 
paragraphs (3) through (7) of section 722(g); (5) a description 
of policies and procedures that the agency will implement to 
ensure that activities carried out by the agency will not 
isolate or stigmatize homeless children and youth; (6) an 
assurance that the local educational agency will collect and 
promptly provide data requested by the State Coordinator; and 
(7) an assurance that the local educational agency has removed 
the policies and practices that have created barriers to the 
identification, enrollment, attendance, retention, and success 
in school of all homeless children and youth.
    Sec. 723(c) [Awards]
    Sec. 723(c)(1) [In General] requires that the State 
educational agency, in accordance with the requirements of this 
subtitle and from amounts made available to it under section 
722(a), make subgrants on a competitive basis to local 
educational agencies that submit applications. Such subgrants 
shall be awarded on the basis of the need of such agencies.
    Sec. 723(c)(2) [Need]
    Sec. 723(c)(2)(A) [In General] states that in determining 
need under paragraph (1), the State educational agency may 
consider the number of homeless children and youth enrolled in 
preschool, elementary schools, and secondary schools within the 
area served by the local educational agency, and shall consider 
the needs of such children and youth and the ability of the 
local educational agency to meet such needs.
    Sec. 723(c)(2)(B)(i-iv) [Other Considerations] provides 
that the State educational agency may also consider the 
following: (i) the extent to which the proposed use of funds 
will facilitate the identification, enrollment, attendance, 
retention, and educational success of homeless children and 
youth; (ii) the extent to which the application reflects 
coordination with other local and State agencies that serve 
homeless children and youth; (iii) the extent to which the 
applicant exhibits in the application and in current practice a 
commitment to education for all homeless children and youth; 
and (iv) such other criteria as the State agency determines to 
be appropriate.
    Sec. 723(c)(3) [Quality] requires that in determining the 
quality of applications under paragraph (1), the State 
educational agency consider each of the following: (A) the 
applicant's needs assessment and the likelihood that the 
program presented in the application will meet such needs; (B) 
the types, intensity, and coordination of the services to be 
provided under the program; (C) the extent to which the 
applicant will promote meaningful involvement of parents or 
guardians of homeless children or youth in the education of 
their children; (D) the extent to which homeless children and 
youth will be integrated into the regular education program 
involved; (E) the quality of the applicant's evaluation plan 
for the program; (F) the extent to which services provided 
under this subtitle will be coordinated with other services 
available to homeless children and youth and their families; 
(G) the extent to which the local educational agency will use 
the subgrant to leverage resources; (H) the local educational 
agency's use of funds to serve homeless children and youth 
under section 1113(c)(3) of the Elementary and Secondary 
Education Act of 1965; (I) the extent to which the applicant's 
program meets such other measures as the State educational 
agency considers to be indicative of a high-quality program; 
and (J) the extent to which the application describes how the 
applicant will meet the requirements of section 722(g)(4).
    Sec. 723(d) [Authorized Activities] provides that a local 
educational agency may use funds awarded under this section for 
activities that carry out the purpose of this subtitle, 
including the following. (1) The provision of tutoring, 
supplemental instruction, and enriched educational services 
that are linked to the achievement of the same college- and 
career-ready State academic content standards and college- and 
career-ready State student academic achievement standards as 
the State establishes for other children and youth. (2) The 
provision of expedited evaluations of the strengths, needs, and 
eligibility of homeless children and youth. (3) Professional 
development and other activities for educators and pupil 
services personnel. (4) The provision of referral services to 
homeless children and youth for medical, dental, mental, and 
other health services. (5) The provision of assistance to 
defray the cost of transportation. (6) The provision of 
developmentally appropriate early childhood and care programs, 
not otherwise provided through Federal, State, or local 
funding. (7) The provision of services and assistance to 
attract, engage, and retain homeless children and youth. (8) 
The provision for homeless children and youth of before- and 
after-school, mentoring, and summer programs in which a teacher 
or other qualified individual provides tutoring, homework 
assistance, and supervision of educational activities. (9) If 
necessary, the payment of fees and other costs associated with 
tracking, obtaining, and transferring records necessary to 
facilitate the appropriate placement of homeless children and 
youth in school. (10) The provision of education and training 
to the parents of homeless children and youth about the rights 
of, and resources available to, such children and youth, and 
other activities designed to increase the meaningful 
involvement of families of homeless children or youth in the 
education of their children. (11) The development of 
coordination of activities between schools and agencies 
providing services to homeless children and youth. (12) The 
provision of pupil services (including counseling) and 
referrals for such services. (13) Activities to address the 
particular needs of homeless children and youth that may arise 
from domestic violence and parental mental health or substance 
abuse problems. (14) The adaptation of space and purchase of 
supplies for any nonschool facilities made available under 
subsection (a)(2) to provide services under this subsection. 
(15) The provision of school supplies. (16) The provision of 
assistance to defray the cost of the position of liaison. (17) 
The provision of other extraordinary or emergency assistance 
needed to enable homeless children and youth to enroll, attend, 
and succeed in school, including in early learning programs.
    Sec. 724 [Secretarial Responsibilities]
    Sec. 724(a) [Review of State Plans] requires that in 
reviewing the State plan submitted the Secretary use a peer 
review process and shall evaluate whether State laws, policies, 
and practices described in such plan adequately address the 
problems of all homeless children and youth relating to access 
to education and placement as described in such plan.
    Sec. 724(b)(1-2) [Technical Assistance] states that the 
Secretary (1) shall provide support and technical assistance to 
State educational agencies; and (2) may designate an individual 
who shall coordinate services and activities for the education 
of homeless children and youth.
    Sec. 724(c) [Notice]
    Sec. 724(c)(1) [In General] requires that the Secretary 
before the next school year that begins after the date of 
enactment of the Elementary and Secondary Education 
Reauthorization Act, develop and disseminate a public notice of 
the educational rights of homeless children and youth. The 
notice shall include information regarding the definition of 
homeless children and youth in section 725.
    Sec. 724(c)(2) [Dissemination] requires that the Secretary 
disseminate the notice nationally. The Secretary also shall 
disseminate such notice to heads of other Department of 
Education offices. The Secretary shall also disseminate such 
notice to heads of other Federal agencies, and grant recipients 
and other entities carrying out federally funded programs.
    Sec. 724(d) [Evaluation and Dissemination] requires that 
the Secretary conduct evaluation, dissemination, and technical 
assistance activities for programs that are designed to meet 
the educational needs of homeless preschool, elementary school, 
and secondary school students, and may use funds appropriated 
under section 726 to conduct such activities.
    Sec. 724(e) [Submission and Distribution] requires that the 
Secretary require applications for grants under section 722 to 
be submitted to the Secretary not later than the expiration of 
the 120- day period beginning on the date that funds are 
available for purposes of making such grants and shall make 
such grants not later than the expiration of the 180-day period 
beginning on such date.
    Sec. 724(f) [Determination by Secretary] requires that the 
Secretary, based on the information received from the States 
and information gathered by the Secretary under subsection (h), 
determine the extent to which State educational agencies are 
ensuring that each homeless child or youth has access to a free 
appropriate public education. The Secretary shall provide 
support and technical assistance to State educational agencies 
in areas in which barriers to a free appropriate public 
education persist.
    Sec. 724(g)(1-3) [Publication] requires the Secretary 
develop, issue, and publish in the Federal Register, not later 
than 90 days after the date of enactment of the Elementary and 
Secondary Education Reauthorization Act, a summary of the 
changes enacted by that act and related strategies.
    Sec. 724(h) [Information]
    Sec. 724(h)(1)(A-E) [In General] requires that the 
Secretary collect and disseminate publicly data and information 
regarding: (A) the number of homeless children and youth; (B) 
the education and related support services such children and 
youth receive; (C) the extent to which the needs of homeless 
children and youth are being met; (D) the academic progress 
being made by homeless children and youth, including the 
percent or number of homeless children and youth participating 
in State assessments; and (E) such other data and information 
as the Secretary determines to be necessary and relevant to 
carry out this subtitle.
    Sec. 724(h)(2) [Coordination] requires the Secretary 
coordinate such collection and dissemination with other 
agencies and entities that receive assistance and administer 
programs under this subtitle.
    Sec. 724(i)(1-2) [Report] requires that no later than 4 
years after the date of enactment of the Elementary and 
Secondary Education Reauthorization Act the Secretary prepare 
and submit to the President and the Committee on Education and 
the Workforce of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the Senate a 
report on the status of the provision of education and related 
support services to homeless children and youth.
    Sec. 725(1-6) [Definitions] defines the following terms: 
``enroll'', ``enrollment'', ``homeless children'', ``local 
educational agency'', ``State educational agency'', 
``Secretary'', ``State'', and ``unaccompanied youth''.
    Sec. 726 [Authorization of Appropriations] states that for 
the purpose of carrying out this subtitle, there are authorized 
to be appropriated to the Secretary such sums as may be 
necessary for fiscal year 2012 and for each of the 6 succeeding 
fiscal years.

Subpart 2--Advanced Research Projects Agency--Education

Section 11021 amends The Department of Education Organizational Act by 
        inserting after Section 220 the following new section:

    Sec. 221 [Advanced Research Projects Agency--Education]
    Sec. 221(a) [Establishment] establishes an Advanced 
Research Projects Agency--Education in the Department of 
Education, to be referred to as ``ARPA-ED.''
    Sec. 221(b) [Purposes] establishes ARPA-ED to pursue 
breakthrough research and development in educational technology 
and providing effective use of the technology to improve 
achievement for all students by: (1) identifying and promoting 
revolutionary advances in fundamental and applied sciences to 
be translated into new learning technologies; (2) developing 
novel learning technologies, and enabling processes and context 
for effective use of those technologies; (3) developing, 
testing, and evaluating the impact and efficacy of those 
technologies; (4) accelerating transformational technological 
advances in areas in which the private sector is not likely to 
accelerate advances because of difficulties in implementation 
or adoption or technical and market uncertainty; (5) 
coordinating activities with nongovernmental entities to 
demonstrate technologies and research application to facilitate 
technology transfer; and (6) encouraging educational research 
using new technologies and the data produced by technologies.
    Sec. 221(c) [Authorities of the Secretary] authorizes the 
Secretary of Education to: (1) appoint a director of ARPA-ED; 
(2) establish processes for the development and execution of 
projects and the solicitation of entities to carry out the 
projects in a manner that is: (A) tailored to the purposes of 
ARPA-ED and not constrained by other Department-wide 
requirements, and (B) Designed to heighten transparency and 
public- and private-sector involvement; (3) award grants, 
contracts, cooperative agreements, and cash prizes and enter 
into transactions; (4) make appointments of up to 20 scientific 
engineering, professional, and other mission-related employees 
for periods up to 4 years; (5)(A) prescribe the rates of basic 
pay for the personnel and (B) pay any employee appointed under 
paragraph (4) additional pay; (6) obtain independent, periodic, 
rigorous evaluations of (A) the effectiveness of the processes 
ARPA-ED uses to meet its mission and (B) the effectiveness of 
individual projects assisted by ARPA-ED using evidence 
standards developed in consultation with the Institutes of 
Education Sciences; and (7) disseminate information on 
effective practices and technologies developed with ARPA-ED 
support.
    Sec. 221(d) [Evaluation Funds] provides that the Secretary 
may use funds available to ARPA-ED to pay the cost of the 
evaluation under subsection (c)(6).
    Sec. 221(e) [Federal Advisory Committee Act] provides that 
any advisory committee convened by the Secretary to provide 
advice with respect to this section shall be exempt from the 
requirements of the Federal Advisory Committee Act.
    Sec. 221(f) [Nonduplication] states that to the greatest 
extent possible the Secretary will work to ensure the 
activities of the ARPA-ED do not duplicate activities under 
programs carried out under Federal law by the Department of 
Education and other Federal Agencies.

Part B--Miscellaneous Provisions

    Section 11211 makes technical and conforming amendments.

                         VIII. Additional Views

 ADDITIONAL VIEWS OF SENATORS BURR, ISAKSON, HATCH, McCAIN, AND ROBERTS

    Since its inception, the Elementary and Secondary Education 
Act (ESEA) of 1965 has prioritized the most disadvantaged 
students in our society by providing a basic level of financial 
support for schools serving communities of low-income families 
and students. Throughout the years since, however, previous 
Congresses and Administrations have strayed from this basic--
albeit central--tenet of the Federal Government's efforts in 
education, supporting an ever-expanding and unfocused Federal 
role that has failed to raise student achievement and only 
further frustrated innovation in the States. Ultimately, this 
increasingly Federal approach toward our Nation's schools has 
endangered the mission of ESEA and the students it was supposed 
to serve.
    Indeed, passage of the No Child Left Behind Act of 2001, 
although well-intentioned, ushered in a new era of larger 
Federal mandates, ballooning Federal education spending, and 
complex accountability requirements that have done little to 
address student academic achievement, creating a compliance 
nature in States more focused on adhering to Federal rules than 
on instruction. Admittedly, the history of these misguided 
efforts is bipartisan, with both Republicans and Democrats 
supporting an ever-increasing Federal role. But after decades 
of Federal expansion with little to show for it, now is the 
right time to signal a fundamental shift in the future of 
Federal education policy back to lessened Federal involvement 
and greater flexibility for State and local governments, 
schools, teachers, and parents. Educating our Nation's students 
is a State and local responsibility that cannot be successfully 
managed from Washington, DC, leading us to believe the overall 
Federal approach needs to be rethought. This proposed 
reauthorization, in our view, fails to initiate that 
fundamental shift.

                               ESERA 2011

    Since the last ESEA reauthorization over 10 years ago, much 
has changed in the States and the schools they serve. Committee 
Republicans support the efforts of States to raise their own 
academic content standards and update accountability systems as 
many have through the efforts of the National Governors 
Association (NGA) and the Council of Chief State School 
Officers (CCSSO). To the extent States are taking the lead in 
identifying opportunities to improve their standards and 
assessments and make reforms to their own accountability 
systems, we applaud these State-led efforts. With that said we 
firmly reject attempts--however lightly tried in ESERA 2011 or 
more directly through the Administration's Race to the Top 
competition--to prod States toward the Common Core Standards 
Initiative. In our view, Federal legislation and policy should 
remain silent on this issue, even if in the form of nudges or 
inducements.
    Unfortunately, rather than returning accountability for 
educating students to local decisionmakers, this legislation 
continues to make decisions in Washington that would be better 
managed by the States. Although this bill would eliminate 
onerous mandates on adequate yearly progress (AYP) and annual 
measurable objectives (AMOs), it makes the wrong exchange for 
that freedom by mandating a focus on the bottom 5 percent of 
low-performing schools while also maintaining focus on 
``achievement gap schools'', those in which the largest 
disparities between subgroups exists.
    Further, ESERA 2011 injects Washington-defined school 
turnaround strategies that would mandate how many teachers 
would need to be dismissed, how many years would be too long 
before a principal would need to be dismissed, and--in a clear 
illustration of how misguided this one-size-fits-all approach 
truly is--actually give States cover to keep persistently low-
performing schools open for several years without ever 
improving. We believe one-size-fits-all school turnaround 
models cannot be so thoughtfully constructed to successfully 
manage thousands of unique schools across the country without 
being either overly prescriptive or the result of a lowest-
common denominator compromise from Washington. Ultimately, the 
tough business of school turnaround efforts will require hard 
decisions and designs made by locals with the support of 
parents and teachers free of Washington micromanagement.

                         PROGRAMS AND SPENDING

    Finally, ESERA 2011 purports to eliminate or consolidate 39 
Federal education programs, which in the view of the Minority 
is deceptive marketing at best. ESERA 2011 creates new programs 
while disguising old ones, failing to recognize the continued 
rapid expansion of the U.S. Department of Education, the 
absence of evident return for our continued spending, and the 
dire condition of the Federal purse. Specifically, this 
legislation eliminates several programs that lack any 
connection to academic achievement or had not been funded in 
years and then touts these eliminations as an achievement 
toward reining in spending. Moreover, ESERA 2011 claims to 
eliminate subject-specific programs but creates new 
superprograms to simply continue those activities with even 
more Federal controls and mandates than its anteceding 
programs. We believe this is a shell game that only continues 
Federal spending blithely, all while claiming belt tightening.
    As if this disingenuous attempt at program consolidation 
through phantom cuts were not enough, the committee also 
further adds (partly through amendments during the October 20, 
2011, Executive Session) to the list of categorical programs 
new, expensive additions such as Promise Neighborhoods, Race to 
the Top, Investing in Innovation (i3), the Advanced Research 
Projects Agency--Education (ARPA-ED), Well-Rounded curriculum 
spending, and teacher and principal recruitment programs. It is 
appalling that the committee has prioritized the spending of 
hundreds of millions to billions of Federal dollars for these 
new, untested programs when our priority should be direct 
spending for the most disadvantaged students in our Nation, 
through title I formula funds.

                           COMMITTEE PROCESS

    Federal education legislation has always enjoyed broad 
bipartisan support because, despite deep policy differences 
amongst interested parties, previous Congresses and 
Administrations have prioritized a cooperative, bipartisan 
process with the intent of improving education in our Nation. 
This reauthorization departs from this history on several 
counts.
    In the midst of ongoing HELP Committee work, on September 
23, 2011--a mere 3 weeks before the HELP Committee would hold 
executive session on ESEA legislation--President Obama and the 
U.S. Department of Education issued State-level waivers to 
NCLB's most central provisions. While some aspects of these 
waivers clearly are appropriate (i.e., relief from adequate 
yearly progress (AYP)) others are not (i.e., requirements for 
teacher and principal evaluations) and run afoul of the clear 
intent of section 9401 of the ESEA (P.L. 107-110) providing 
statutory relief for States without mention of Federally 
mandated strings or requirements on that relief. The waiver 
authority provided by the Administration requires college- and 
career-ready expectations; State-developed differentiated 
recognition, accountability, and support; effective instruction 
and leadership requirements; and reduced duplication and 
burden. Whole cloth revisions such as these to No Child Left 
Behind are within Congress' purview as a co-equal branch of 
government, not the Administration's alone.
    Adding these waiver requirements raises serious questions 
about the legality of the Administration's waivers and 
furthermore limits its credibility amongst the States. Though 
some States have applied for waivers because of the hope of 
relief from the onerous and outdated provisions of No Child 
Left Behind, other States have declined to apply, citing the 
temporary nature of the waivers and the inability to comply for 
internal, State reasons. These issues would easily be overcome 
with a fully legislated congressional reauthorization, as 
opposed to waivers, by virtue of the representation of each 
State in Congress and the value of the legislative process. 
Setting these concerns aside, the Administration remained 
disengaged in congressional attempts to reauthorize the law, 
taking its own approach that in our view hurts the prospects of 
a true reauthorization without the leadership of the President.
    Perhaps as a result of the hurried atmosphere created by 
President Obama's insistence on waivers, the Majority also 
unnecessarily rushed the committee to the original October 19 
(subsequently rescheduled for the following day), 2011 
Executive Session. Despite assertions by the Majority that 
adequate time was given for review of a draft that spanned 
nearly 900 pages and the to-the-letter adherence to committee 
rules, this bare minimum, de minimus approach to reauthorizing 
legislation as important as K-12 Federal education policy is 
clearly inappropriate for the full discourse this legislation 
deserves. As a result, several prominent education advocacy 
groups representing teachers, principals and school board 
members wrote a letter to the Majority urging postponement of 
the executive session for fear the process was moving too 
quickly. These pleas, along with the objections of members of 
the Minority, were ignored by the Majority for reasons still 
unapparent.

                               CONCLUSION

    Supporters of ESERA 2011 claim their bill takes the 
approach of rejecting No Child Left Behind's heavy Federal 
prescription, agreeing that current Federal law stifles 
innovation on the ground, all while replacing it with its own 
version of heavy Federal prescription and mandates. If this 
legislation becomes law, the Federal Government will continue 
the business of telling States and locals how to intervene in 
their schools, continue spending at levels that are 
unsustainable, and lock out the flexibility necessary for 
teaching the diverse nature of students our Nation presents.
    Committee Republicans believe now is the time to right size 
the Federal role in education and empower States and local 
communities to take back control of education in their local 
schools. This legislation undermines the central tenets of why 
the Federal Government initiated its involvement in education 
in 1965, which is to promote equity in funding to the most 
disadvantaged students in our Nation with their more affluent 
peers while maintaining the local control that made American 
schools the envy of the world. This legislation would further 
remove the Federal Government from these central tenets and, as 
a result, should not become law.

                 ADDITIONAL VIEWS OF SENATOR MURKOWSKI

    I agree with my Minority colleagues that the No Child Left 
Behind Act (NCLB) created more one-size-fits-all Federal 
mandates and, in too many schools, a culture of compliance that 
overshadowed effective, innovative instruction. I disagree, 
however, that there has been little improvement in academic 
achievement since the enactment of NCLB. In many schools, the 
academic achievement of low-income, minority, and special needs 
students has increased and achievement gaps have decreased. 
Schools have used the data generated by the Adequate Yearly 
Progress system to improve instructional practices and 
professional development. NCLB also gave educators, parents, 
and taxpayers the information they needed to leverage changes 
that had long been needed.
    I had hoped that the Senate Health, Education, Labor, and 
Pensions Committee would have taken this opportunity to restore 
an appropriate balance in the roles played by Federal, State, 
and local governments, schools, teachers, and parents. 
Unfortunately, the Elementary and Secondary Education 
Reauthorization Act (ESERA) failed to successfully combine 
strong accountability for taxpayers' funds and our children's 
future with greater opportunity for States to design 
accountability systems that work for their students.
    I support this legislation's focus on college- and career-
ready standards (which I believe should be crafted by States 
rather than mandated by the Federal Government). I support the 
continued focus on the groups of students who tend to be most 
academically at risk. I agree that including student growth in 
the measure of a school's success is a crucial improvement. I 
also agree that recognition of high-performing schools is long 
overdue.
    I strongly disagree, however, with ESERA's focus on only 
the bottom 5 percent of low-performing schools and only the 
very largest disparities between subgroups. Under ESERA 2011, 
the lack of achievement of students with disabilities, 
minorities and other subgroups of students could be masked and 
again ignored. That is unacceptable.
    I agree with my Minority colleagues that the school 
turnaround strategies included in this legislation ignore the 
realities in many areas of our Nation, especially in 
challenging communities in both urban and rural America. 
Teacher and principal turnover is the problem in too many of 
our schools--especially in rural States like Alaska. Yet, this 
bill requires principals to be fired despite having no control 
over the factors that impact student learning, such as staffing 
and professional development. The bill requires teachers who 
are happy to build their lives in challenging communities to be 
fired, rather than focusing on helping them to improve their 
instructional practices. According to the best advice of some 
of our Nation's most effective education leaders, none of these 
turnaround models will encourage innovative, smart, successful 
educators to take jobs in our most challenging schools. While 
the legislation does allow the Department to approve a State-
designed strategy, States' experiences with the Department's 
offer of waivers informs us that this model is more likely to 
extend Federal micromanagement in the decisions of our local 
schools instead of reduce it.
    Some of my colleagues believe that the Federal Government 
has no role in education. Others believe that the Federal 
Government should limit the Federal role to funding title I as 
a block grant and allow States to determine whether schools are 
effective or not. I believe that the Federal Government does 
have a role in assisting our Nation's children to be prepared 
for the future. I believe we must maintain the commitment made 
in 1965 to our Nation's disadvantaged students by supporting 
programs that have resulted in student gains, and that while we 
must give States more authority to innovate, the Federal 
Government should demand that our schools meet the needs of 
each and every student.
    This is especially true in regard to our Nation's first 
peoples. Tragically, this committee missed an important 
opportunity to take on one of the most complicated and 
important educational issues of the day--the role of America's 
indigenous first peoples in the education of their children. 
Over the course of our Nation's history since the ratification 
of our Constitution, the U.S. government has had a government-
to-government relationship with Indian tribes. Over the past 
decade, the increasing desire for self-determination among our 
American Indian, Alaska Native, and Native Hawaiian populations 
who believe they should have greater responsibility for the 
success of their children has gained strength. Yet, the 
Majority chose not to be informed by these facts or even engage 
in a discussion about the role of Native Americans in their own 
children's education. This committee must examine how ESEA can 
more effectively serve our Nation's first peoples. Yet the only 
mention of Native Americans remains relegated to Title VII, 
Indian Education where it has always been--a segregated 
afterthought. This is not acceptable.
    I also agree with my Minority colleagues that the process 
by which ESERA was brought to the committee's consideration was 
deeply flawed. The Senate HELP Committee has a long history of 
resolving complex and controversial issues in a fully 
bipartisan, fully inclusive manner. The Senate HELP Committee 
has, in the past, represented the best traditions of the U.S. 
Senate. This reauthorization departs from this history on 
several counts.
    This legislation was drafted by Senators Harkin and Enzi 
alone. This nearly 900-page bill was presented to committee 
members on October 11, 2011. In the 1 week between the bill's 
unveiling and the Executive Session, no substantive, bipartisan 
negotiation was permitted. Chairman Harkin provided committee 
members just 1 week to review the legislation, evaluate its 
impact on their individual States and communities, and engage 
National and constituent stakeholders. I agree with my Minority 
colleagues, and--truth to tell, many of my Majority 
colleagues--that this hurried approach was inappropriate. The 
final product reflects the lack of informed and careful 
consideration that this committee has given to every previous 
major reauthorization in recent history. I am also deeply 
dismayed that the Chairman chose to hold a hearing to take 
testimony on the strengths and weaknesses of ESERA after the 
bill was passed out of committee.
    I am hopeful that with the start of the 113th Congress, 
this committee will start over and, through a fully bipartisan 
and inclusive process, build legislation that will work in both 
the urban and rural corners of our Nation and that will work 
for parents, educators, taxpayers and students alike.

                      IX. Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
rules of the Senate, 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

           *       *       *       *       *       *       *


SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Elementary and Secondary 
Education Act of 1965''.

[SEC. 2. TABLE OF CONTENTS.]

  [The table of contents for this Act is as follows:

[Sec. 1. Short title.
[Sec. 2. Table of contents.

    [TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

[Sec. 1001. Statement of purpose.
[Sec. 1002. Authorization of appropriations.
[Sec. 1003. School improvement.
[Sec. 1004. State administration.

[Part A--Improving Basic Programs Operated by Local Educational Agencies

                 [Subpart 1--Basic Program Requirements

[Sec. 1111. State plans.
[Sec. 1112. Local educational agency plans.
[Sec. 1113. Eligible school attendance areas.
[Sec. 1114. Schoolwide programs.
[Sec. 1115. Targeted assistance schools.
[Sec. 1116. Academic assessment and local educational agency and school 
          improvement.
[Sec. 1117. School support and recognition.
[Sec. 1118. Parental involvement.
[Sec. 1119. Qualifications for teachers and paraprofessionals.
[Sec. 1120. Participation of children enrolled in private schools.
[Sec. 1120A. Fiscal requirements.
[Sec. 1120B. Coordination requirements.

                         [Subpart 2--Allocations

[Sec. 1121. Grants for the outlying areas and the Secretary of the 
          Interior.
[Sec. 1122. Allocations to States.
[Sec. 1124. Basic grants to local educational agencies.
[Sec. 1124A. Concentration grants to local educational agencies.
[Sec. 1125. Targeted grants to local educational agencies.
[Sec. 1125AA. Adequacy of funding of targeted grants to local 
          educational agencies in fiscal years after fiscal year 2001.
[Sec. 1125A. Education finance incentive grant program.
[Sec. 1126. Special allocation procedures.
[Sec. 1127. Carryover and waiver.

           [Part B--Student Reading Skills Improvement Grants

                        [Subpart 1--Reading First

[Sec. 1201. Purposes.
[Sec. 1202. Formula grants to State educational agencies.
[Sec. 1203. State formula grant applications.
[Sec. 1204. Targeted assistance grants.
[Sec. 1205. External evaluation.
[Sec. 1206. National activities.
[Sec. 1207. Information dissemination.
[Sec. 1208. Definitions.

                     Subpart 2--Early Reading First

[Sec. 1221. Purposes; definitions.
[Sec. 1222. Local Early Reading First grants.
[Sec. 1223. Federal administration.
[Sec. 1224. Information dissemination.
[Sec. 1225. Reporting requirements.
[Sec. 1226. Evaluation.

   [Subpart 3--William F. Goodling Even Start Family Literacy Programs

[Sec. 1231. Statement of purpose.
[Sec. 1232. Program authorized.
[Sec. 1233. State educational agency programs.
[Sec. 1234. Uses of funds.
[Sec. 1235. Program elements.
[Sec. 1236. Eligible participants.
[Sec. 1237. Applications.
[Sec. 1238. Award of subgrants.
[Sec. 1239. Evaluation.
[Sec. 1240. Indicators of program quality.
[Sec. 1241. Research.
[Sec. 1242. Construction.

         [Subpart 4--Improving Literacy Through School Libraries

[Sec. 1251. Improving literacy through school libraries.

                [Part C--Education of Migratory Children

[Sec. 1301. Program purpose.
[Sec. 1302. Program authorized.
[Sec. 1303. State allocations.
[Sec. 1304. State applications; services.
[Sec. 1305. Secretarial approval; peer review.
[Sec. 1306. Comprehensive needs assessment and service-delivery plan; 
          authorized activities.
[Sec. 1307. Bypass.
[Sec. 1308. Coordination of migrant education activities.
[Sec. 1309. Definitions.

[Part D--Prevention and Intervention Programs for Children and Youth who 
                  are Neglected, Delinquent, or At-risk

[Sec. 1401. Purpose and program authorization.
[Sec. 1402. Payments for programs under this part.

                    [Subpart 1--State Agency Programs

[Sec. 1411. Eligibility.
[Sec. 1412. Allocation of funds.
[Sec. 1413. State reallocation of funds.
[Sec. 1414. State plan and State agency applications.
[Sec. 1415. Use of funds.
[Sec. 1416. Institution-wide projects.
[Sec. 1417. Three-year programs or projects.
[Sec. 1418. Transition services.
[Sec. 1419. Evaluation; technical assistance; annual model program.

                    Subpart 2--Local Agency Programs

[Sec. 1421. Purpose.
[Sec. 1422. Programs operated by local educational agencies.
[Sec. 1423. Local educational agency applications.
[Sec. 1424. Uses of funds.
[Sec. 1425. Program requirements for correctional facilities receiving 
          funds under this section.
[Sec. 1426. Accountability.

                     [Subpart 3--General Provisions

[Sec. 1431. Program evaluations.
[Sec. 1432. Definitions.

                 [Part E--National Assessment of Title I

[Sec. 1501. Evaluations.
[Sec. 1502. Demonstrations of innovative practices.
[Sec. 1503. Assessment evaluation.
[Sec. 1504. Close Up fellowship program.

                  [Part F--Comprehensive School Reform

[Sec. 1601. Purpose.
[Sec. 1602. Program authorization.
[Sec. 1603. State applications.
[Sec. 1604. State use of funds.
[Sec. 1605. Local applications.
[Sec. 1606. Local use of funds.
[Sec. 1607. Evaluation and reports.
[Sec. 1608. Quality initiatives.

                  [Part G--Advanced Placement Programs

[Sec. 1701. Short title.
[Sec. 1702. Purposes.
[Sec. 1703. Funding distribution rule.
[Sec. 1704. Advanced placement test fee program.
[Sec. 1705. Advanced placement incentive program grants.
[Sec. 1706. Supplement, not supplant.
[Sec. 1707. Definitions.

                   [Part H--School Dropout Prevention

[Sec. 1801. Short title.
[Sec. 1802. Purpose.
[Sec. 1803. Authorization of appropriations.

                [Subpart 1--Coordinated National Strategy

[Sec. 1811. National activities.

            [Subpart 2--School Dropout Prevention Initiative

[Sec. 1821. Definitions.
[Sec. 1822. Program authorized.
[Sec. 1823. Applications.
[Sec. 1824. State reservation.
[Sec. 1825. Strategies and capacity building.
[Sec. 1826. Selection of local educational agencies for subgrants.
[Sec. 1827. Community based organizations.
[Sec. 1828. Technical assistance.
[Sec. 1829. School dropout rate calculation.
[Sec. 1830. Reporting and accountability.

                       [Part I--General Provisions

[Sec. 1901. Federal regulations.
[Sec. 1902. Agreements and records.
[Sec. 1903. State administration.
[Sec. 1904. Local educational agency spending audits.
[Sec. 1905. Prohibition against Federal mandates, direction, or control.
[Sec. 1906. Rule of construction on equalized spending.
[Sec. 1907. State report on dropout data.
[Sec. 1908. Regulations for sections 1111 and 1116.

[TITLE II--PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS AND 
                               PRINCIPALS

       [Part A--Teacher and Principal Training and Recruiting Fund

[Sec. 2101. Purpose.
[Sec. 2102. Definitions.
[Sec. 2103. Authorizations of appropriations.

                      [Subpart 1--Grants to States

[Sec. 2111. Allotments to States.
[Sec. 2112. State applications.
[Sec. 2113. State use of funds.

           Subpart 2--Subgrants to Local Educational Agencies

[Sec. 2121. Allocations to local educational agencies.
[Sec. 2122. Local applications and needs assessment.
[Sec. 2123. Local use of funds.

              Subpart 3--Subgrants to Eligible Partnerships

[Sec. 2131. Definitions.
[Sec. 2132. Subgrants.
[Sec. 2133. Applications.
[Sec. 2134. Use of funds.

                       [Subpart 4--Accountability

[Sec. 2141. Technical assistance and accountability.

                     [Subpart 5--National Activities

[Sec. 2151. National activities of demonstrated effectiveness.

              [Part B--Mathematics and Science Partnerships

[Sec. 2201. Purpose; definitions.
[Sec. 2202. Grants for mathematics and science partnerships.
[Sec. 2203. Authorization of appropriations.

                 [Part C--Innovation for Teacher Quality

                   [Subpart 1--Transitions to Teaching

                 [CHAPTER A--TROOPS-TO-TEACHERS PROGRAM

[Sec. 2301. Definitions.
[Sec. 2302. Authorization of Troops-to-Teachers Program.
[Sec. 2303. Recruitment and selection of program participants.
[Sec. 2304. Participation agreement and financial assistance.
[Sec. 2305. Participation by States.
[Sec. 2306. Support of innovative preretirement teacher certification 
          programs.
[Sec. 2307. Reporting requirements.
               [CHAPTER B--TRANSITION TO TEACHING PROGRAM

[Sec. 2311. Purposes.
[Sec. 2312. Definitions.
[Sec. 2313. Grant program.
[Sec. 2314. Evaluation and accountability for recruiting and retaining 
          teachers.
                     [CHAPTER C--GENERAL PROVISIONS

[Sec. 2321. Authorization of appropriations.

                  [Subpart 2--National Writing Project

[Sec. 2331. Purposes.
[Sec. 2332. National Writing Project.

                       [Subpart 3--Civic Education

[Sec. 2341. Short title.
[Sec. 2342. Purpose.
[Sec. 2343. General authority.
[Sec. 2344. We the People program.
[Sec. 2345. Cooperative civic education and economic education exchange 
          programs.
[Sec. 2346. Authorization of appropriations.

          [Subpart 4--Teaching of Traditional American History

[Sec. 2351. Establishment of program.
[Sec. 2352. Authorization of appropriations.

                [Subpart 5--Teacher Liability Protection

[Sec. 2361. Short title.
[Sec. 2362. Purpose.
[Sec. 2363. Definitions.
[Sec. 2364. Applicability.
[Sec. 2365. Preemption and election of State nonapplicability.
[Sec. 2366. Limitation on liability for teachers.
[Sec. 2367. Allocation of responsibility for noneconomic loss.
[Sec. 2368. Effective date.

             [Part D--Enhancing Education Through Technology

[Sec. 2401. Short title.
[Sec. 2402. Purposes and goals.
[Sec. 2403. Definitions.
[Sec. 2404. Authorization of appropriations.

              [Subpart 1--State and Local Technology Grants

[Sec. 2411. Allotment and reallotment.
[Sec. 2412. Use of allotment by State.
[Sec. 2413. State applications.
[Sec. 2414. Local applications.
[Sec. 2415. State activities.
[Sec. 2416. Local activities.

               [Subpart 2--National Technology Activities

[Sec. 2421. National activities.
[Sec. 2422. National education technology plan.

                  [Subpart 3--Ready-to-Learn Television

[Sec. 2431. Ready-to-Learn Television.

   [Subpart 4--Limitation on Availability of Certain Funds for Schools

[Sec. 2441. Internet safety.

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

[Sec. 3001. Authorizations of appropriations; condition on effectiveness 
          of parts.

    [Part A--English Language Acquisition, Language Enhancement, and 
                        Academic Achievement Act

[Sec. 3101. Short title.
[Sec. 3102. Purposes.

 [Subpart 1--Grants and Subgrants for English Language Acquisition and 
                          Language Enhancement

[Sec. 3111. Formula grants to States.
[Sec. 3112. Native American and Alaska Native children in school.
[Sec. 3113. State and specially qualified agency plans.
[Sec. 3114. Within-State allocations.
[Sec. 3115. Subgrants to eligible entities.
[Sec. 3116. Local plans.

              [Subpart 2--Accountability and Administration

[Sec. 3121. Evaluations.
[Sec. 3122. Achievement objectives and accountability.
[Sec. 3123. Reporting requirements.
[Sec. 3124. Coordination with related programs.
[Sec. 3125. Rules of construction.
[Sec. 3126. Legal authority under State law.
[Sec. 3127. Civil rights.
[Sec. 3128. Programs for Native Americans and Puerto Rico.
[Sec. 3129. Prohibition.

                     [Subpart 3--National Activities

[Sec. 3131. National professional development project.

                         [Subpart 4--Definitions

[Sec. 3141. Eligible entity.

      [Part B--Improving Language Instruction Educational Programs

[Sec. 3201. Short title.
[Sec. 3202. Purpose.
[Sec. 3203. Native American children in school.
Sec. 3204. Residents of the territories and freely associated states.

             [Subpart 1--Program Development and Enhancement

[Sec. 3211. Financial assistance for language instruction educational 
          programs.
[Sec. 3212. Program enhancement activities.
[Sec. 3213. Comprehensive school and systemwide improvement activities.
[Sec. 3214. Applications.
[Sec. 3215. Capacity building.
[Sec. 3216. Programs for Native Americans and Puerto Rico.
[Sec. 3217. Evaluations.
[Sec. 3218. Construction.

           [Subpart 2--Research, Evaluation, and Dissemination

[Sec. 3221. Authority.
[Sec. 3222. Research.
[Sec. 3223. Academic excellence awards.
[Sec. 3224. State grant program.
[Sec. 3225. Instruction materials development.

                [Sec.Subpart 3--Professional Development

[Sec. 3231. Professional development grants.

            [Subpart 4--Emergency Immigrant Education Program

[Sec. 3241. Purpose.
[Sec. 3242. State administrative costs.
[Sec. 3243. Withholding.
[Sec. 3244. State allotments.
[Sec. 3245. State applications.
[Sec. 3246. Administrative provisions.
[Sec. 3247. Uses of funds.
[Sec. 3248. Reports.

                       [Subpart 5--Administration

[Sec. 3251. Release time.
[Sec. 3252. Notification.
[Sec. 3253. Coordination and reporting requirements.

                       [Part C--General Provisions

[Sec. 3301. Definitions.
[Sec. 3302. Parental notification.
[Sec. 3303. National Clearinghouse.
[Sec. 3304. Regulations.

                     [TITLE IV--21ST CENTURY SCHOOLS

           [Part A--Safe and Drug-Free Schools and Communities

[Sec. 4001. Short title.
[Sec. 4002. Purpose.
[Sec. 4003. Authorization of appropriations.

                        [Subpart 1--State Grants

[Sec. 4111. Reservations and allotments.
[Sec. 4112. Reservation of State funds for safe and drug-free schools.
[Sec. 4113. State application.
[Sec. 4114. Local educational agency program.
[Sec. 4115. Authorized activities.
[Sec. 4116. Reporting.
[Sec. 4117. Programs for Native Hawaiians.

                      [Subpart 2--National Programs

[Sec. 4121. Federal activities.
[Sec. 4122. Impact evaluation.
[Sec. 4123. Hate crime prevention.
[Sec. 4124. Safe and Drug-Free Schools and Communities Advisory 
          Committee.
[Sec. 4125. National coordinator program.
[Sec. 4126. Community service grant program.
[Sec. 4127. School Security Technology and Resource Center.
[Sec. 4128. National Center for School and Youth Safety.
[Sec. 4129. Grants to reduce alcohol abuse.
[Sec. 4130. Mentoring programs.

                       [Subpart 3--Gun Possession

[Sec. 4141. Gun-free requirements.

                     [Subpart 4--General Provisions

[Sec. 4151. Definitions.
[Sec. 4152. Message and materials.
[Sec. 4153. Parental consent.
[Sec. 4154. Prohibited uses of funds.
[Sec. 4155. Transfer of school disciplinary records.

            [Part B--21st Century Community Learning Centers

[Sec. 4201. Purpose; definitions.
[Sec. 4202. Allotments to States.
[Sec. 4203. State application.
[Sec. 4204. Local competitive grant program.
[Sec. 4205. Local activities.
[Sec. 4206. Authorization of appropriations.

                  [Part C--Environmental Tobacco Smoke

[Sec. 4301. Short title.
[Sec. 4302. Definitions.
[Sec. 4303. Nonsmoking policy for children's services.
[Sec. 4304. Preemption.

  [TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE PROGRAMS

                      [Part A--Innovative Programs

[Sec. 5101. Purposes, State and local responsibility.

                  [Subpart 1--State and Local Programs

[Sec. 5111. Allotment to States.
[Sec. 5112. Allocation to local educational agencies.

                       [Subpart 2--State Programs

[Sec. 5121. State uses of funds.
[Sec. 5122. State applications.

             [Subpart 3--Local Innovative Education Programs

[Sec. 5131. Local uses of funds.
[Sec. 5132. Administrative authority.
[Sec. 5133. Local applications.

                     [Subpart 4--General Provisions

[Sec. 5141. Maintenance of effort.
[Sec. 5142. Participation of children enrolled in private schools.
[Sec. 5143. Federal administration.
[Sec. 5144. Supplement, not supplant.
[Sec. 5145. Definitions.
[Sec. 5146. Authorization of appropriations.

                     [Part B--Public Charter Schools

                   [Subpart 1--Charter School Programs

[Sec. 5201. Purpose.
[Sec. 5202. Program authorized.
[Sec. 5203. Applications.
[Sec. 5204. Administration.
[Sec. 5205. National activities.
[Sec. 5206. Federal formula allocation during first year and for 
          successive enrollment expansions.
[Sec. 5207. Solicitation of input from charter school operators.
[Sec. 5208. Records transfer.
[Sec. 5209. Paperwork reduction.
[Sec. 5210. Definitions.
[Sec. 5211. Authorization of appropriations.

  [Subpart 2--Credit Enhancement Initiatives To Assist Charter School 
           Facility Acquisition, Construction, and Renovation

[Sec. 5221. Purpose.
[Sec. 5222. Grants to eligible entities.
[Sec. 5223. Applications.
[Sec. 5224. Charter school objectives.
[Sec. 5225. Reserve account.
[Sec. 5226. Limitation on administrative costs.
[Sec. 5227. Audits and reports.
[Sec. 5228. No full faith and credit for grantee obligations.
[Sec. 5229. Recovery of funds.
[Sec. 5230. Definitions.
[Sec. 5231. Authorization of appropriations.

           [Subpart 3--Voluntary Public School Choice Programs

[Sec. 5241. Grants.
[Sec. 5242. Uses of funds.
[Sec. 5243. Applications.
[Sec. 5244. Priorities.
[Sec. 5245. Requirements and voluntary participation.
[Sec. 5246. Evaluations.
[Sec. 5247. Definitions.
[Sec. 5248. Authorization of appropriations.

                   [Part C--Magnet Schools Assistance

[Sec. 5301. Findings and purpose.
[Sec. 5302. Definition.
[Sec. 5303. Program authorized.
[Sec. 5304. Eligibility.
[Sec. 5305. Applications and requirements.
[Sec. 5306. Priority.
[Sec. 5307. Use of funds.
[Sec. 5308. Prohibition.
[Sec. 5309. Limitations.
[Sec. 5310. Evaluations.
[Sec. 5311. Authorization of appropriations; reservation.

             [Part D--Fund for the Improvement of Education

[Sec. 5401. Authorization of appropriations.

            [Subpart 1--Fund for the Improvement of Education

[Sec. 5411. Programs authorized.
[Sec. 5412. Applications.
[Sec. 5413. Program requirements.
[Sec. 5414. Studies of national significance.

     [Subpart 2--Elementary and Secondary School Counseling Programs

[Sec. 5421. Elementary and secondary school counseling programs.

             [Subpart 3--Partnerships in Character Education

[Sec. 5431. Partnerships in Character Education program.

                [Subpart 4--Smaller Learning Communities

[Sec. 5441. Smaller learning communities.

   [Subpart 5--Reading Is Fundamental--Inexpensive Book Distribution 
                                 Program

[Sec. 5451. Inexpensive book distribution program for reading 
          motivation.

                [Subpart 6--Gifted and Talented Students

[Sec. 5461. Short title.
[Sec. 5462. Purpose.
[Sec. 5463. Rule of construction.
[Sec. 5464. Authorized programs.
[Sec. 5465. Program priorities.
[Sec. 5466. General provisions.

                    [Subpart 7--Star Schools Program

[Sec. 5471. Short title.
[Sec. 5472. Purposes.
[Sec. 5473. Grant program authorized.
[Sec. 5474. Applications.
[Sec. 5475. Other grant assistance.
[Sec. 5476. Administrative provisions.
[Sec. 5477. Definitions.

                       [Subpart 8--Ready to Teach

[Sec. 5481. Grants.
[Sec. 5482. Application required.
[Sec. 5483. Reports and evaluation.
[Sec. 5484. Digital educational programming grants.
[Sec. 5485. Administrative costs.

             [Subpart 9--Foreign Language Assistance Program

[Sec. 5491. Short title.
[Sec. 5492. Program authorized.
[Sec. 5493. Applications.
[Sec. 5494. Elementary school foreign language incentive program.

                     [Subpart 10--Physical Education

[Sec. 5501. Short title.
[Sec. 5502. Purpose.
[Sec. 5503. Program authorized.
[Sec. 5504. Applications.
[Sec. 5505. Requirements.
[Sec. 5506. Administrative provisions.
[Sec. 5507. Supplement, not supplant.

                [Subpart 11--Community Technology Centers

[Sec. 5511. Purpose and program authorization.
[Sec. 5512. Eligibility and application requirements.
[Sec. 5513. Uses of funds.

    [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.
[Sec. 5522. Findings and purposes.
[Sec. 5523. Program authorization.
[Sec. 5524. Administrative provisions.
[Sec. 5525. Availability of funds.
[Sec. 5526. Definitions.

              Subpart 13--Excellence in Economic Education

[Sec. 5531. Short title.
[Sec. 5532. Purpose and goals.
[Sec. 5533. Grant program authorized.
[Sec. 5534. Applications.
[Sec. 5535. Requirements.
[Sec. 5536. Administrative provisions.
[Sec. 5537. Supplement, not supplant.

      [Subpart 14--Grants to Improve the Mental Health of Children

[Sec. 5541. Grants for the integration of schools and mental health 
          systems.
[Sec. 5542. Promotion of school readiness through early childhood 
          emotional and social development.

                     [Subpart 15--Arts in Education

[Sec. 5551. Assistance for arts education.

  [Subpart 16--Parental Assistance and Local Family Information Centers

[Sec. 5561. Purposes.
[Sec. 5562. Grants authorized.
[Sec. 5563. Applications.
[Sec. 5564. Uses of funds.
[Sec. 5565. Administrative provisions.
[Sec. 5566. Local family information centers.

                [Subpart 17--Combatting Domestic Violence

[Sec. 5571. Grants to combat the impact of experiencing or witnessing 
          domestic violence on elementary and secondary school children.

             [Subpart 18--Healthy, High-Performance Schools

[Sec. 5581. Grant program authorized.
[Sec. 5582. State uses of funds.
[Sec. 5583. Local uses of funds.
[Sec. 5584. Report to Congress.
[Sec. 5585. Limitations.
[Sec. 5586. Healthy, high-performance school building defined.

[Subpart 19--Grants for Capital Expenses of Providing Equitable Services 
                       for Private School Students

[Sec. 5591. Grant program authorized.
[Sec. 5592. Uses of funds.
[Sec. 5593. Allotments to States.
[Sec. 5594. Subgrants to local educational agencies.
[Sec. 5595. Capital expenses defined.
[Sec. 5596. Termination.

    [Subpart 20--Additional Assistance for Certain Local Educational 
            Agencies Impacted by Federal Property Acquisition

[Sec. 5601. Reservation.
[Sec. 5602. Eligibility.
[Sec. 5603. Maximum amount.

               [Subpart 21--Women's Educational Equity Act

[Sec. 5611. Short title and findings.
[Sec. 5612. Statement of purpose.
[Sec. 5613. Programs authorized.
[Sec. 5614. Applications.
[Sec. 5615. Criteria and priorities.
[Sec. 5616. Report.
[Sec. 5617. Administration.
[Sec. 5618. Amount.

                [TITLE VI--FLEXIBILITY AND ACCOUNTABILITY

                 [Part A--Improving Academic Achievement

                       [Subpart 1--Accountability

[Sec. 6111. Grants for State assessments and related activities.
[Sec. 6112. Grants for enhanced assessment instruments.
[Sec. 6113. Funding.

  [Subpart 2--Funding Transferability for State and Local Educational 
                                Agencies

[Sec. 6121. Short title.
[Sec. 6122. Purpose.
[Sec. 6123. Transferability of funds.

          [Subpart 3--State and Local Flexibility Demonstration

[Sec. 6131. Short title.
[Sec. 6132. Purpose.
[Sec. 6133. General provision.
                 [CHAPTER A--STATE FLEXIBILITY AUTHORITY

[Sec. 6141. State flexibility.
[Sec. 6142. Consolidation and use of funds.
[Sec. 6143. Performance review and penalties.
[Sec. 6144. Renewal of grant of flexibility authority.
               [CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION

[Sec. 6151. Local flexibility demonstration agreements.
[Sec. 6152. Consolidation and use of funds.
[Sec. 6153. Limitations on administrative expenditures.
[Sec. 6154. Performance review and penalties.
[Sec. 6155. Renewal of local flexibility demonstration agreement.
[Sec. 6156. Reports.

      [Subpart 4--State Accountability for Adequate Yearly Progress

[Sec. 6161. Accountability for adequate yearly progress.
[Sec. 6162. Peer review.
[Sec. 6163. Technical assistance.
Sec. 6164. Report to Congress.

                   [Part B--Rural Education Initiative

[Sec. 6201. Short title.
[Sec. 6202. Purpose.

           [Subpart 1--Small, Rural School Achievement Program

[Sec. 6211. Use of applicable funding.
[Sec. 6212. Grant program authorized.
[Sec. 6213. Accountability.

             [Subpart 2--Rural and Low-Income School Program

[Sec. 6221. Program authorized.
[Sec. 6222. Uses of funds.
[Sec. 6223. Applications.
[Sec. 6224. Accountability.

                     [Subpart 3--General Provisions

[Sec. 6231. Annual average daily attendance determination.
[Sec. 6232. Supplement, not supplant.
[Sec. 6233. Rule of construction.
[Sec. 6234. orization of appropriations.

                       [Part C--General Provisions

[Sec. 6301. Prohibition against Federal mandates, direction, or control.
[Sec. 6302. Rule of construction on equalized spending.

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

                        [Part A--Indian Education

[Sec. 7101. Statement of policy.
[Sec. 7102. Purpose.

        [Subpart 1--Formula Grants to Local Educational Agencies

[Sec. 7111. Purpose.
[Sec. 7112. Grants to local educational agencies and tribes.
[Sec. 7113. Amount of grants.
[Sec. 7114. Applications.
[Sec. 7115. Authorized services and activities.
[Sec. 7116. Integration of services authorized.
[Sec. 7117. Student eligibility forms.
[Sec. 7118. Payments.
[Sec. 7119. State educational agency review.

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

[Sec. 7121. Improvement of educational opportunities for Indian 
          children.
[Sec. 7122. Professional development for teachers and education 
          professionals.

                     [Subpart 3--National Activities

[Sec. 7131. National research activities.
[Sec. 7132. In-service training for teachers of Indian children.
[Sec. 7133. Fellowships for Indian students.
[Sec. 7134. Gifted and talented Indian students.
[Sec. 7135. Grants to tribes for education administrative planning and 
          development.
[Sec. 7136. Improvement of educational opportunities for adult Indians.

                   [Subpart 4--Federal Administration

[Sec. 7141. National Advisory Council on Indian Education.
[Sec. 7142. Peer review.
[Sec. 7143. Preference for Indian applicants.
[Sec. 7144. Minimum grant criteria.

        [Subpart 5--Definitions; Authorizations of Appropriations

[Sec. 7151. Definitions.
[Sec. 7152. Authorizations of appropriations.

                   [Part B--Native Hawaiian Education

[Sec. 7201. Short title.
[Sec. 7202. Findings.
[Sec. 7203. Purposes.
[Sec. 7204. Native Hawaiian Education Council and island councils.
[Sec. 7205. Program authorized.
[Sec. 7206. Administrative provisions.
[Sec. 7207. Definitions.

                    [Part C--Alaska Native Education

[Sec. 7301. Short title.
[Sec. 7302. Findings.
[Sec. 7303. Purposes.
[Sec. 7304. Program authorized.
[Sec. 7305. Administrative provisions.
[Sec. 7306. Definitions.

                         [TITLE VIII--IMPACT AID

[Sec. 8001. Purpose.
[Sec. 8002. Payments relating to Federal acquisition of real property.
[Sec. 8003. Payments for eligible federally connected children.
[Sec. 8004. Policies and procedures relating to children residing on 
          Indian lands.
[Sec. 8005. Application for payments under sections 8002 and 8003.
[Sec. 8007. Construction.
[Sec. 8008. Facilities.
[Sec. 8009. State consideration of payments in providing State aid.
[Sec. 8010. Federal administration.
[Sec. 8011. Administrative hearings and judicial review.
[Sec. 8012. Forgiveness of overpayments.
[Sec. 8013. Definitions.
[Sec. 8014. Authorization of appropriations.

                      [TITLE IX--GENERAL PROVISIONS

                          [Part A--Definitions

[Sec. 9101. Definitions.
[Sec. 9102. Applicability of title.
[Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

    [Part B--Flexibility in the use of Administrative and Other Funds

[Sec. 9201. Consolidation of State administrative funds for elementary 
          and secondary education programs.
[Sec. 9202. Single local educational agency States.
[Sec. 9203. Consolidation of funds for local administration.
[Sec. 9204. Consolidated set-aside for Department of the Interior funds.

 [Part C--Coordination of Programs; Consolidated State and Local Plans 
                            and Applications

[Sec. 9301. Purpose.
[Sec. 9302. Optional consolidated State plans or applications.
[Sec. 9303. Consolidated reporting.
[Sec. 9304. General applicability of State educational agency 
          assurances.
[Sec. 9305. Consolidated local plans or applications.
[Sec. 9306. Other general assurances.

                            [Part D--Waivers

[Sec. 9401. Waivers of statutory and regulatory requirements.

                       [Part E--Uniform Provisions

                       [Subpart 1--Private Schools

[Sec. 9501. Participation by private school children and teachers.
[Sec. 9502. Standards for by-pass.
[Sec. 9503. Complaint process for participation of private school 
          children.
[Sec. 9504. By-pass determination process.
[Sec. 9505. Prohibition against funds for religious worship or 
          instruction.
[Sec. 9506. Private, religious, and home schools.

                      [Subpart 2--Other Provisions

[Sec. 9521. Maintenance of effort.
[Sec. 9522. Prohibition regarding State aid.
[Sec. 9523. Privacy of assessment results.
[Sec. 9524. School prayer.
[Sec. 9525. Equal access to public school facilities.
[Sec. 9526. General prohibitions.
[Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
[Sec. 9528. Armed Forces recruiter access to students and student 
          recruiting information.
[Sec. 9529. Prohibition on federally sponsored testing.
[Sec. 9530. Limitations on national testing or certification for 
          teachers.
[Sec. 9531. Prohibition on nationwide database.
[Sec. 9532. Unsafe school choice option.
[Sec. 9533. Prohibition on discrimination.
[Sec. 9534. Civil rights.
[Sec. 9535. Rulemaking.
[Sec. 9536. Severability.

                          [Part F--Evaluations

[Sec. 9601. Evaluations.]

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. Authorization of appropriations.

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

Sec. 1001. Purpose.
Sec. 1002. State administration and State accountability and support.

 Part A--Improving Basic Programs Operated by Local Educational Agencies

                  subpart 1--basic program requirements

Sec. 1111. State and local requirements.
Sec. 1112. Local educational agency plans.
Sec. 1113. Eligible school attendance areas.
Sec. 1114. Schoolwide programs.
Sec. 1115. Targeted assistance schools.
Sec. 1116. School performance.
Sec. 1117. Blue ribbon schools.
Sec. 1118. Parent and family engagement.
Sec. 1119. Qualifications for teachers and paraprofessionals.
Sec. 1120. Participation of children enrolled in private schools.
Sec. 1120A. Fiscal requirements.
Sec. 1120B. Coordination requirements.

                         subpart 2--allocations

Sec. 1121. Grants for the outlying areas and the Secretary of the 
          Interior.
Sec. 1122. Allocations to States.
Sec. 1124. Basic grants to local educational agencies.
Sec. 1124A. Concentration grants to local educational agencies.
Sec. 1125. Targeted grants to local educational agencies.
Sec. 1125AA. Adequacy of funding of targeted grants to local educational 
          agencies in fiscal years after fiscal year 2001.
Sec. 1125A. Education finance incentive grant program.
Sec. 1126. Special allocation procedures.
Sec. 1127. Carryover and waiver.

     subpart 3--grants for state assessments and related activities

Sec. 1131. Grants for state assessments and related activities.

                       Part B--Pathways to College

                 subpart 1--improving secondary schools

Sec. 1201. Secondary school reform.

                     subpart 2--accelerated learning

Sec. 1221. Purposes.
Sec. 1222. Funding distribution rule.
Sec. 1223. Advanced Placement and International Baccalaureate 
          examination fee program.
Sec. 1224. Advanced Placement and International Baccalaureate incentive 
          program grants.
Sec. 1225. Supplement, not supplant.
Sec. 1226. Definitions.

                 Part C--Education of Migratory Children

Sec. 1301. Program purpose.
Sec. 1302. Program authorized.
Sec. 1303. State allocations.
Sec. 1304. State applications; services.
Sec. 1305. Secretarial approval; peer review.
Sec. 1306. Comprehensive needs assessment and service-delivery plan; 
          authorized activities.
Sec. 1307. Bypass.
Sec. 1308. National activities.
Sec. 1309. Performance data.
Sec. 1310. Evaluation and study.
Sec. 1311. State assistance in determining number of migratory children.
Sec. 1312. Definitions.

Part D--Prevention and Intervention Programs for Children and Youth Who 
                  Are Neglected, Delinquent, or At-risk

Sec. 1401. Purpose and program authorization.
Sec. 1402. Payments for programs under this part.

                    subpart 1--state agency programs

Sec. 1411. Eligibility.
Sec. 1412. Allocation of funds.
Sec. 1413. State reallocation of funds.
Sec. 1414. State plan and State agency applications.
Sec. 1415. Use of funds.
Sec. 1416. Institution-wide projects.
Sec. 1417. Three-year programs or projects.
Sec. 1418. Transition services.
Sec. 1419. Program evaluation.

                    subpart 2--local agency programs

Sec. 1421. Purpose.
Sec. 1422. Programs operated by local educational agencies.
Sec. 1423. Local educational agency applications.
Sec. 1424. Uses of funds.
Sec. 1425. Program requirements for correctional facilities receiving 
          funds under this section.
Sec. 1426. Accountability.

                      subpart 3--general provisions

Sec. 1431. Program evaluations.
Sec. 1432. Definitions.

        Part E--Educational Stability of Children in Foster Care

Sec. 1501. Educational stability of children in foster care.
Sec. 1502. Definitions.

                       Part F--General Provisions

Sec. 1601. Federal regulations.
Sec. 1602. Agreements and records.
Sec. 1603. State administration.
Sec. 1604. Local educational agency spending audits.
Sec. 1605. Prohibition against Federal mandates, direction, or control.
Sec. 1606. Rule of construction on equalized spending.
Sec. 1607. State report on dropout data.
Sec. 1608. Regulations for sections 1111 and 1116.

         TITLE II--SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS

 Part A--Continuous Improvement and Support for Teachers and Principals

Sec. 2101. Purpose.
Sec. 2102. Definitions.

                       subpart 1--grants to states

Sec. 2111. Allotments to States.
Sec. 2112. State applications.
Sec. 2113. State use of funds.

           subpart 2--subgrants to local educational agencies

Sec. 2121. Allocations to local educational agencies.
Sec. 2122. Local applications and needs assessment.
Sec. 2123. Local use of funds.

                subpart 3--national leadership activities

Sec. 2131. National leadership activities.

                        subpart 4--accountability

Sec. 2141. Accountability.

              subpart 5--principal recruitment and training

Sec. 2151. Principal recruitment and training grant program.

                Part B--Teacher Pathways to the Classroom

Sec. 2201. Teacher Pathways.

                 Part C--Teacher Incentive Fund Program

Sec. 2301. Purposes; definitions.
Sec. 2302. Teacher incentive fund grants.

          Part D--Achievement Through Technology and Innovation

Sec. 2401. Short title.
Sec. 2402. Purposes and goals.
Sec. 2403. Definitions.
Sec. 2404. Allocation of funds; limitation; trigger.

                    subpart 1--state and local grants

Sec. 2411. Allotment and reallotment.
Sec. 2412. Use of allotment by State.
Sec. 2413. State applications.
Sec. 2414. State activities.
Sec. 2415. Local applications.
Sec. 2416. Local activities.

                   subpart 2--state competitive grants

Sec. 2421. State competitive grants.

                       subpart 3--internet safety

Sec. 2431. Internet safety.

   TITLE III--LANGUAGE INSTRUCTION FOR ENGLISH LEARNERS AND IMMIGRANT 
                                STUDENTS

Part A--English Language Acquisition, Language Enhancement, and Academic 
                             Achievement Act

Sec. 3101. Short title.
Sec. 3102. Purposes.

  subpart 1--grants and subgrants for english language acquisition and 
                          language enhancement

Sec. 3111. Formula grants to States.
Sec. 3112. Native American and Alaska Native children in school.
Sec. 3113. State educational agency plans.
Sec. 3114. Within-State allocations.
Sec. 3115. Subgrants to eligible entities.
Sec. 3116. Local plans.

              subpart 2--accountability and administration

Sec. 3121. Evaluations.
Sec. 3122. Reporting requirements.
Sec. 3123. Coordination with related programs.
Sec. 3124. Rules of construction.
Sec. 3125. Legal authority under State law.
Sec. 3126. Civil rights.
Sec. 3127. Programs for Native Americans and Puerto Rico.
Sec. 3128. Prohibition.

                     subpart 3--national activities

Sec. 3131. Professional development grants.
Sec. 3132. Commission on Assessment of English Learners.

                       Part B--General Provisions

Sec. 3201. Definitions.
Sec. 3202. Parental notification.
Sec. 3203. National Clearinghouse.
Sec. 3204. Regulations.

         TITLE IV--SUPPORTING SUCCESSFUL, WELL-ROUNDED STUDENTS

     Part A--Improving Literacy Instruction and Student Achievement

Sec. 4101. Short title.
Sec. 4102. Purposes.
Sec. 4103. Definitions.
Sec. 4104. Program authorized.
Sec. 4105. State planning grants.
Sec. 4106. State implementation grants.
Sec. 4107. State activities.
Sec. 4108. Subgrants to eligible entities in support of birth through 
          kindergarten entry literacy.
Sec. 4109. Subgrants to eligible entities in support of kindergarten 
          through grade 12 literacy.
Sec. 4110. National evaluation, information dissemination, and technical 
          assistance.
Sec. 4111. Consequences of insufficient progress, reporting 
          requirements, and conflicts of interest.
Sec. 4112. Rules of construction.

  Part B--Improving Science, Technology, Engineering, and Mathematics 
                   Instruction and Student Achievement

Sec. 4201. Purpose.
Sec. 4202. Definitions.
Sec. 4203. Grants; allotments.
Sec. 4204. Applications.
Sec. 4205. Authorized activities.
Sec. 4206. Performance metrics; report.
Sec. 4207. Evaluation.
Sec. 4208. Supplement not supplant.
Sec. 4209. Maintenance of effort.

          Part C--Increasing Access to a Well-rounded Education

Sec. 4301. Purpose.
Sec. 4302. Definitions.
Sec. 4303. Grant program.

             Part D--Successful, Safe, and Healthy Students

Sec. 4401. Purpose.
Sec. 4402. Definitions.
Sec. 4403. Reservations.
Sec. 4404. Successful, safe, and healthy students State grants.
Sec. 4405. Technical assistance.
Sec. 4406. Prohibited uses of funds.
Sec. 4407. Federal and State nondiscrimination laws.

             Part E--21st Century Community Learning Centers

Sec. 4501. Purpose; definitions.
Sec. 4502. Allotments to States.
Sec. 4503. State application.
Sec. 4504. Local competitive grant program.
Sec. 4505. Local activities.

                      Part F--Promise Neighborhoods

Sec. 4601. Short title.
Sec. 4602. Purpose.
Sec. 4603. Definitions.

           subpart 1--promise neighborhood partnership grants

Sec. 4611. Program authorized.
Sec. 4612. Eligible entities.
Sec. 4613. Application requirements.
Sec. 4614. Use of funds.
Sec. 4615. Report and publicly available data.
Sec. 4616. Accountabilty.

                    subpart 2--promise school grants

Sec. 4621. Program authorized.
Sec. 4622. Definition of eligible entity.
Sec. 4623. Application requirements; priority.
Sec. 4624. Use of funds.
Sec. 4625. Report and publicly available data.
Sec. 4626. Accountability.

                      subpart 3--general provisions

Sec. 4631. National activities.

       Part G--Parent and Family Information and Resource Centers

Sec. 4701. Purpose.
Sec. 4702. Definition of eligible entity.
Sec. 4703. Grants authorized.
Sec. 4704. Applications.
Sec. 4705. Uses of funds.
Sec. 4706. Administrative provisions.

                         Part H--Ready-to-Learn

Sec. 4801. Ready-to-Learn.

                Part I--Programs of National Significance

Sec. 4901. Programs authorized.
Sec. 4902. Applications.
Sec. 4903. Program requirements.

                      TITLE V--PROMOTING INNOVATION

                         Part A--Race to the Top

Sec. 5101. Purposes.
Sec. 5102. Reservation of funds.
Sec. 5103. Race to the Top program.
Sec. 5104. Application process.
Sec. 5105. Performance measures.
Sec. 5106. Uses of funds.
Sec. 5107. Reporting.

                     Part B--Investing in Innovation

Sec. 5201. Purposes.
Sec. 5202. Reservations.
Sec. 5203. Program authorized; length of grants; priorities.
Sec. 5204. Applications.
Sec. 5205. Uses of funds.
Sec. 5206. Performance measures.
Sec. 5207. Reporting.

                    Part C--Magnet Schools Assistance

Sec. 5301. Findings and purpose.
Sec. 5302. Definition.
Sec. 5303. Program authorized.
Sec. 5304. Eligibility.
Sec. 5305. Applications and requirements.
Sec. 5306. Priority.
Sec. 5307. Use of funds.
Sec. 5308. Prohibition.
Sec. 5309. Limitations.
Sec. 5310. Evaluations.
Sec. 5311. Availability of funds for grants to agencies not previously 
          assisted.

                     Part D--Public Charter Schools

Sec. 5401. Purpose.
Sec. 5402. Distribution of funds.

              subpart 1--successful charter schools program

Sec. 5411. Definitions.
Sec. 5412. Program authorized.
Sec. 5413. Applications.
Sec. 5414. Selection criteria; priority.
Sec. 5415. Uses of funds.
Sec. 5416. Subgrants.
Sec. 5417. Performance measures; reports.
Sec. 5418. Federal formula allocation during first year and for 
          successive enrollment expansions.
Sec. 5419. Records transfer.
Sec. 5420. National activities.

   subpart 2--charter school facility acquisition, construction, and 
                               renovation

Sec. 5431. Purpose.
Sec. 5432. Definitions.
Sec. 5433. Grants to eligible entities.
Sec. 5434. Charter school objectives.
Sec. 5435. Applications; selection criteria.
Sec. 5436. Reserve account.
Sec. 5437. Limitation on administrative costs.
Sec. 5438. Audits and reports.
Sec. 5439. No full faith and credit for grantee obligations.
Sec. 5440. Recovery of funds.

             Part E--Voluntary Public School Choice Programs

Sec. 5501. Grants.
Sec. 5502. Uses of funds.
Sec. 5503. Applications.
Sec. 5504. Priorities.
Sec. 5505. Requirements and voluntary participation.
Sec. 5506. Evaluations.
Sec. 5507. Definitions.

            TITLE VI--PROMOTING FLEXIBILITY; RURAL EDUCATION

                         Part A--Transferability

Sec. 6101. Transferability of funds.

                   Part B--Rural Education Initiative

Sec. 6201. Short title.
Sec. 6202. Purpose.

           subpart 1--small, rural school achievement program

Sec. 6211. Program authorized.
Sec. 6212. Academic achievement assessments.

             subpart 2--rural and low-income school program

Sec. 6221. Program authorized.
Sec. 6222. Uses of funds.
Sec. 6223. Applications.
Sec. 6224. Accountability.

                      subpart 3--general provisions

Sec. 6231. Choice of participation.
Sec. 6232. Annual average daily attendance determination.
Sec. 6233. Supplement, not supplant.
Sec. 6234. Rule of construction.

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

                        Part A--Indian Education

Sec. 7101. Statement of policy.
Sec. 7102. Purpose.

         subpart 1--formula grants to local educational agencies

Sec. 7111. Purpose.
Sec. 7112. Grants to local educational agencies and tribes.
Sec. 7113. Amount of grants.
Sec. 7114. Applications.
Sec. 7115. Authorized services and activities.
Sec. 7116. Integration of services authorized.
Sec. 7117. Student eligibility forms.
Sec. 7118. Payments.
Sec. 7119. State educational agency review.

    subpart 2--special programs and projects to improve educational 
               opportunities for indian children and youth

Sec. 7121. Improvement of educational opportunities for Indian children 
          and youth.
Sec. 7122. Professional development for teachers and education 
          professionals.

                     subpart 3--national activities

Sec. 7131. National research activities.
Sec. 7132. Improvement of academic success for students through Native 
          American language.
Sec. 7133. Improving State and tribal educational agency collaboration.

                    subpart 4--federal administration

Sec. 7141. National Advisory Council on Indian Education.
Sec. 7142. Peer review.
Sec. 7143. Preference for Indian applicants.
Sec. 7144. Minimum grant criteria.

                         subpart 5--definitions

Sec. 7151. Definitions.

       Part B--Native Hawaiian Education; Alaska Native Education

                  subpart 1--native hawaiian education

Sec. 7201. Short title.
Sec. 7202. Findings.
Sec. 7203. Purposes.
Sec. 7204. Native Hawaiian Education Council.
Sec. 7205. Program authorized.
Sec. 7206. Administrative provisions.
Sec. 7207. Definitions.

                   subpart 2--alaska native education

Sec. 7301. Short title.
Sec. 7302. Findings.
Sec. 7303. Purposes.
Sec. 7304. Program authorized.
Sec. 7305. Administrative provisions.
Sec. 7306. Definitions.

                         TITLE VIII--IMPACT AID

Sec. 8001. Purpose.
Sec. 8002. Payments relating to Federal acquisition of real property.
Sec. 8003. Payments for eligible federally connected children.
Sec. 8004. Policies and procedures relating to children residing on 
          Indian lands.
Sec. 8005. Application for payments under sections 8002 and 8003.
Sec. 8007. Construction.
Sec. 8008. Facilities.
Sec. 8009. State consideration of payments in providing State aid.
Sec. 8010. Federal administration.
Sec. 8011. Administrative hearings and judicial review.
Sec. 8012. Forgiveness of overpayments.
Sec. 8013. Definitions.

                      TITLE IX--GENERAL PROVISIONS

                           Part A--Definitions

Sec. 9101. Definitions.
Sec. 9102. Applicability of title.
Sec. 9103. Applicability to Bureau of Indian Affairs operated schools.

    Part B--Flexibility in the Use of Administrative and Other Funds

Sec. 9201. Consolidation of State administrative funds for elementary 
          and secondary education programs.
Sec. 9202. Single local educational agency States.
Sec. 9203. Consolidation of funds for local administration.
Sec. 9204. Consolidated set-aside for Department of the Interior funds.

Part C--Coordination of Programs; Consolidated State and Local Plans and 
                              Applications

Sec. 9301. Purpose.
Sec. 9302. Optional consolidated State plans or applications.
Sec. 9303. Consolidated reporting.
Sec. 9304. General applicability of State educational agency assurances.
Sec. 9305. Consolidated local plans or applications.
Sec. 9306. Other general assurances.

                             Part D--Waivers

Sec. 9401. Waivers of statutory and regulatory requirements.

                       Part E--Uniform Provisions

                       subpart 1--private schools

Sec. 9501. Participation by private school children and teachers.
Sec. 9502. Standards for by-pass.
Sec. 9503. Complaint process for participation of private school 
          children.
Sec. 9504. By-pass determination process.
Sec. 9505. Prohibition against funds for religious worship or 
          instruction.
Sec. 9506. Private, religious, and home schools.

                       subpart 2--other provisions

Sec. 9521. Maintenance of effort.
Sec. 9522. Prohibition regarding State aid.
Sec. 9523. Privacy of assessment results.
Sec. 9524. School prayer.
Sec. 9525. Equal access to public school facilities.
Sec. 9526. General prohibitions.
Sec. 9527. Prohibitions on Federal Government and use of Federal funds.
Sec. 9528. Armed Forces recruiter access to students and student 
          recruiting information.
Sec. 9529. Prohibition on federally sponsored testing.
Sec. 9530. Limitations on national testing or certification for 
          teachers.
Sec. 9531. Prohibition on nationwide database.
Sec. 9532. Unsafe school choice option.
Sec. 9533. Prohibition on discrimination.
Sec. 9534. Civil rights.
Sec. 9535. Rulemaking.
Sec. 9536. Severability.

                 subpart 3--teacher liability protection

Sec. 9541. Short title.
Sec. 9542. Purpose.
Sec. 9543. Definitions.
Sec. 9544. Applicability.
Sec. 9545. Preemption and election of State nonapplicability.
Sec. 9546. Limitation on liability for teachers.
Sec. 9547. Allocation of responsibility for noneconomic loss.
Sec. 9548. Effective date.

                           Part F--Evaluations

Sec. 9601. Evaluation authority.

                    Part G--Miscellaneous Provisions

                        subpart 1--gun possession

Sec. 9701. Gun-free requirements.

                 subpart 2--environmental tobacco smoke

Sec. 9721. Short title.
Sec. 9722. Definitions.
Sec. 9723. Nonsmoking policy for children's services.
Sec. 9724. Preemption.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

  (a) Local Educational Agency Grants.--
          (1) In general.--There are authorized to be 
        appropriated to carry out part A of title I (except for 
        sections 1116(d) and 1125A and subpart 3 of part A of 
        such title) such sums as may be necessary for fiscal 
        year 2012 and each of the 4 succeeding fiscal years.
          (2) School improvement grants, national activities, 
        and evaluation.--
                  (A) In general.--There are authorized to be 
                appropriated to carry out section 1116(d) such 
                sums as may be necessary for fiscal year 2012 
                and each of the 4 succeeding fiscal years.
                  (B) Reservation for national activities.--Of 
                the amounts appropriated under subparagraph (A) 
                for a fiscal year, the Secretary shall reserve 
                not more than 2 percent for the national 
                activities described in section 1116(d)(6).
          (3) Education finance incentive grant program.--There 
        are authorized to be appropriated to carry out section 
        1125A such sums as may be necessary for fiscal year 
        2012 and each of the 4 succeeding fiscal years.
  (b) Grants for State Assessments and the National Assessment 
of Educational Progress.--
          (1) National assessment of educational progress.--For 
        the purpose of administering the State assessments 
        under the National Assessment of Educational Progress, 
        there are authorized to be appropriated such sums as 
        may be necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
          (2) State assessments and related activities.--For 
        the purpose of carrying out assessment and related 
        activities under subpart 3 of part A of title I, there 
        are authorized to be appropriated such sums as may be 
        necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
  (c) Pathways to College.--For the purposes of carrying out 
part B of title I, Pathways to College, there are authorized to 
be appropriated such sums as may be necessary for fiscal year 
2012 and each of the 4 succeeding fiscal years.
  (d) Education of Migratory Children.--For the purposes of 
carrying out part C of title I, Education of Migratory 
Children, there are authorized to be appropriated such sums as 
may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
  (e) Neglected and Delinquent.--For the purposes of carrying 
out part D of title I, Prevention and Intervention Programs for 
Children and Youth Who Are Neglected, Delinquent, or At-risk, 
there are authorized to be appropriated such sums as may be 
necessary for fiscal year 2012 and each of the 4 succeeding 
fiscal years.
  (f) Continuous Improvement and Support for Teachers and 
Principals.--
          (1) In general.--For the purposes of carrying out 
        subparts 1, 2, 3, and 4 of part A of title II, there 
        are authorized to be appropriated such sums as may be 
        necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
          (2) Principal recruitment and training.--For the 
        purposes of carrying out subpart 5 of part A of title 
        II, Principal Recruitment and Training, there are 
        authorized to be appropriated such sums as may be 
        necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
  (g) Teacher Pathways to the Classroom.--For the purposes of 
carrying out part B of title II, Teacher Pathways to the 
Classroom, there are authorized to be appropriated such sums as 
may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
  (h) Teacher Incentive Fund.--For the purposes of carrying out 
part C of title II, Teacher Incentive Fund, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2012 and each of the 4 succeeding fiscal years.
  (i) Achievement Through Technology and Innovation.--For the 
purposes of carrying out part D of title II, Achievement 
through Technology and Innovation, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 
and each of the 4 succeeding fiscal years.
  (j) English Learners and Immigrant Students.--For the 
purposes of carrying out title III, Language and Academic 
Content Instruction for English Learners and Immigrant 
Students, there are authorized to be appropriated such sums as 
may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
  (k) Improving Literacy Instruction and Student Achievement.--
For the purposes of carrying out part A of title IV, Improving 
Literacy Instruction and Student Achievement, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2012 and each of the 4 succeeding fiscal years.
  (l) Improving Science, Technology, Engineering, and 
Mathematics Instruction and Student Achievement.--For the 
purposes of carrying out part B of title IV, Improving Science, 
Technology, Engineering, and Mathematics Instruction and 
Student Achievement, there are authorized to be appropriated 
such sums as may be necessary for fiscal year 2012 and each of 
the 4 succeeding fiscal years.
  (m) Increasing Access to a Well-rounded Education.--For the 
purposes of carrying out part C of title IV, Increasing Access 
to a Well-Rounded Education, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 
and each of the 4 succeeding fiscal years.
  (n) Successful, Safe, and Healthy Students.--For the purposes 
of carrying out part D of title IV, Successful, Safe, and 
Healthy Students, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
  (o) 21st Century Community Learning Centers.--For the 
purposes of carrying out part E of title IV, 21st Century 
Community Learning Centers, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 
and each of the 4 succeeding fiscal years.
  (p) Promise Neighborhoods.--For the purposes of carrying out 
part F of title IV, Promise Neighborhoods, there are authorized 
to be appropriated such sums as may be necessary for fiscal 
year 2012 and each of the 4 succeeding fiscal years.
  (q) Parent and Family Information and Resource Centers.--For 
the purposes of carrying out part G of title IV, Parent and 
Family Information and Resource Centers, there are authorized 
to be appropriated such sums as may be necessary for fiscal 
year 2012 and each of the 4 succeeding fiscal years.
  (r) Ready to Learn.--For the purposes of carrying out part H 
of title IV, Ready to Learn, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 
and each of the 4 succeeding fiscal years.
  (s) Programs of National Significance.--For the purposes of 
carrying out part I of title IV, Programs of National 
Significance, there are authorized to be appropriated such sums 
as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
  (t) Race to the Top.--For the purposes of carrying out part A 
of title V, Race to the Top, there are authorized to be 
appropriated such sums as may be necessary for fiscal year 2012 
and each of the 4 succeeding fiscal years.
  (u) Investing in Innovation.--For the purposes of carrying 
out part B of title V, Investing in Innovation, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2012 and each of the 4 succeeding fiscal years.
  (v) Magnet Schools Assistance.--For the purposes of carrying 
out part C of title V, Magnet Schools Assistance, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2012 and each of the 4 succeeding fiscal years.
  (w) Public Charter Schools.--For the purposes of carrying out 
part D of title V, Public Charter Schools, there are authorized 
to be appropriated such sums as may be necessary for fiscal 
year 2012 and each of the 4 succeeding fiscal years.
  (x) Voluntary Public School Choice.--For the purposes of 
carrying out part E of title V, Voluntary Public School Choice, 
there are authorized to be appropriated such sums as may be 
necessary for fiscal year 2012 and each of the 4 succeeding 
fiscal years.
  (y) Rural Education Achievement Program.--For the purposes of 
carrying out part B of title VI, Rural Education Achievement 
Program, there are authorized to be appropriated such sums as 
may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
  (z) Indian, Native Hawaiian, and Alaska Native Education.--
For the purposes of carrying out title VII, Indian, Native 
Hawaiian, and Alaska Native Education, there are authorized to 
be appropriated such sums as may be necessary for fiscal year 
2012 and each of the 4 succeeding fiscal years.
  (aa) Impact Aid.--For the purposes of carrying out title 
VIII, Impact Aid, there are authorized to be appropriated such 
sums as may be necessary for fiscal year 2012 and each of the 4 
succeeding fiscal years.
          (1) Payments for federal acquisition of real 
        property.--For the purpose of making payments under 
        section 8002, there are authorized to be appropriated 
        such sums as may be necessary for fiscal year 2012 and 
        each of the 4 succeeding fiscal years.
          (2) Basic payments; payments for heavily impacted 
        local educational agencies.--For the purpose of making 
        payments under section 8003(b), there are authorized to 
        be appropriated such sums as may be necessary for 
        fiscal year 2012 and each of the 4 succeeding fiscal 
        years.
          (3) Payments for children with disabilities.--For the 
        purpose of making payments under section 8003(d), there 
        are authorized to be appropriated such sums as may be 
        necessary for fiscal year 2012 and each of the 4 
        succeeding fiscal years.
          (4) Construction.--For the purpose of carrying out 
        section 8007, there are authorized to be appropriated 
        such sums as may be necessary for fiscal year 2012 and 
        each of the 4 succeeding fiscal years.
          (5) Facilities maintenance.--For the purpose of 
        carrying out section 8008, there are authorized to be 
        appropriated such sums as may be necessary for fiscal 
        year 2012 and each of the 4 succeeding fiscal years.

    TITLE I--IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED

[SEC. 1001. [20 U.S.C. 6301] 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. 1001. PURPOSE.

  The purpose of this title is to ensure that every child has a 
fair, equal, and significant opportunity to obtain a high-
quality education, succeed from the earliest grades, and 
graduate from high school ready for college, career, and 
citizenship. This purpose can be accomplished by--
          (1) setting high expectations for children to 
        graduate college and career ready from high school;
          (2) supporting high-quality teaching that uses 
        student achievement data, professional collaboration, 
        meaningful feedback, effective technologies, student 
        engagement, multi-tiered systems of support, and other 
        evidence-based practices to continuously improve 
        instruction and encourage new models of teaching and 
        learning;
          (3) removing barriers to, and encouraging State and 
        local innovation and leadership in, education based on 
        the evaluation of success and continuous improvement, 
        especially in providing excellent instruction, high-
        quality assessments, meaningful accountability, 
        evidence-based supports and interventions in 
        underperforming schools, highly effective educators, a 
        well-rounded education, and other key factors for 
        success;
          (4) providing additional resources and supports to 
        meet the needs of disadvantaged students, including 
        children from low-income families and those attending 
        high-poverty schools, English learners, migratory 
        children, children with disabilities, Indian children, 
        and neglected or delinquent children;
          (5) focusing on increasing student achievement and 
        closing achievement gaps, especially achievement gaps 
        between minority and nonminority students and between 
        disadvantaged children and their more advantaged peers;
          (6) removing barriers and promoting integration 
        across all levels of education, and across Federal 
        education programs;
          (7) streamlining Federal requirements to reduce 
        burdens on States, districts local educational 
        agencies, schools, and educators; and
          (8) strengthening parental engagement and 
        coordination of student, family, and community supports 
        to promote student success.

           *       *       *       *       *       *       *


[SEC. 1002. [20 U.S.C. 6302] 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.]

[SEC. 1003. [20 U.S.C. 6303] SCHOOL IMPROVEMENT.]

  [(a) State Reservations.--Each State shall reserve 2 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, 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); or
          [(2) 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.
  [(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;
          [(2) demonstrate the greatest need for such funds; 
        and
          [(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; or
          [(2) section 1126(c).
  [(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 
shall not decrease the amount of funds each local educational 
agency receives under subpart 2 below the amount received by 
such local educational agency under such subpart 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. [1004]1002. STATE ADMINISTRATION AND STATE ACCOUNTABILITY AND 
                    SUPPORT.

  (a) [In General.--Except as provided in subsection (b)]State 
Administration.--
          (1) In general.--Except as provided in paragraph (2), 
        to carry out administrative duties assigned under parts 
        A, C, and D of this title, each State may reserve the 
        greater of--
          [(1)]
                  (A) 1 percent of the amounts received under 
                such parts; or
          [(2)]
                  (B) $400,000 ($50,000 in the case of each 
                outlying area).
  [(b)]
          (2) 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)]paragraph 
        (1)(A) 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.
  (b) Accountability and Support.--
          (1) In general.--Each State may reserve not more than 
        4 percent of the amount the State receives under 
        subpart 2 of part A to carry out paragraph (2) and to 
        carry out the State and local educational agency 
        responsibilities under section 1116, which may include 
        carrying out a statewide system of technical assistance 
        and support for local educational agencies.
          (2) Uses.--Of the amount reserved under paragraph (1) 
        for any fiscal year, the State educational agency--
                  (A) shall use not less than 90 percent of 
                that amount by allocating such sums directly to 
                local educational agencies for activities 
                required under section 1116; or
                  (B) may, with the approval of the local 
                educational agency, directly provide for such 
                activities or arrange for their provision 
                through other entities such as educational 
                service agencies.
          (3) Priority.--The State educational agency, in 
        allocating funds to local educational agencies under 
        this subsection, shall give priority to local 
        educational agencies that--
                  (A) serve the lowest-achieving schools, 
                including schools identified under subsection 
                (b) or (c) of section 1116;
                  (B) demonstrate the greatest need for such 
                funds; and
                  (C) demonstrate the strongest commitment to 
                ensuring that such funds are used to enable the 
                lowest-achieving schools to improve student 
                achievement and outcomes.
          (4) 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 this subsection is greater than 
        the amount needed to provide the assistance described 
        in this subsection, the State educational agency shall 
        allocate the excess amount to local educational 
        agencies in accordance with--
                  (A) the relative allocations the State 
                educational agency made to those agencies for 
                that fiscal year under subpart 2 of part A; or
                  (B) section 1126(c).
          (5) Special rule.--Notwithstanding any other 
        provision of this subsection, the amount of funds 
        reserved by the State educational agency under this 
        subsection in any fiscal year shall not decrease the 
        amount of funds each local educational agency receives 
        under subpart 2 of part A below the amount received by 
        such local educational agency under such subpart for 
        the preceding fiscal year.
          (6) Reporting.--Each State educational agency shall 
        make publicly available a list of those schools that 
        have received funds or services pursuant to this 
        subsection and the percentage of students from each 
        such school from families with incomes below the 
        poverty line.

           *       *       *       *       *       *       *


PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

                 Subpart 1--Basic Program Requirements

[SEC. 1111. [20 U.S.C. 6311] 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. 1111. STATE AND LOCAL REQUIREMENTS.

  (a) Academic Standards, Academic Assessments, and 
Accountability Requirements.--
          (1) Requirements for college and career ready state 
        standards.--In order to receive a grant under this 
        part, each State shall demonstrate that the State meets 
        the following requirements:
                  (A) College and career ready aligned 
                standards for reading or language arts and 
                mathematics.--
                          (i) In general.--The State shall--
                                  (I) not later than December 
                                31, 2013, adopt college and 
                                career ready academic content 
                                standards in reading or 
                                language arts, and mathematics, 
                                that meet the requirements of 
                                clauses (ii) and (iii); and
                                  (II) not later than the 
                                beginning of the 2015-2016 
                                school year, adopt college and 
                                career ready student academic 
                                achievement standards in 
                                reading or language arts, and 
                                mathematics, that meet the 
                                requirements of clauses (ii) 
                                and (iv).
                          (ii) Alignment of college and career 
                        ready standards.--Each State plan shall 
                        demonstrate that the State has adopted 
                        college and career ready academic 
                        content standards and college and 
                        career ready student academic 
                        achievement standards that are aligned 
                        with--
                                  (I) academic coursework, 
                                without the need for 
                                remediation, at public 
                                institutions of higher 
                                education in the State;
                                  (II) relevant State career 
                                and technical education 
                                standards; and
                                  (III) appropriate career 
                                skills.
                          (iii) Requirements for academic 
                        content standards.--College and career 
                        ready academic content standards 
                        shall--
                                  (I) be used by the State, and 
                                by local educational agencies, 
                                public elementary schools, and 
                                public secondary schools in the 
                                State to carry out the 
                                requirements of this part;
                                  (II) be the same standards 
                                that the State applies to all 
                                public elementary and secondary 
                                schools and students in the 
                                State;
                                  (III) include the same 
                                knowledge, skills, and levels 
                                of achievement expected of all 
                                elementary and secondary school 
                                students in the State; and
                                  (IV) be evidence-based and 
                                include rigorous content and 
                                skills.
                          (iv) Requirements for student 
                        academic achievement standards.--
                        College and career ready student 
                        academic achievement standards for a 
                        subject shall--
                                  (I) be aligned with the 
                                State's academic content 
                                standards described in clause 
                                (iii); and
                                  (II) establish levels of 
                                performance (at a minimum, 
                                basic, on-track, and advanced 
                                levels) that determine how well 
                                students are mastering the 
                                material in the State academic 
                                content standards.
                          (v) Method.--A State may meet the 
                        requirements in this subparagraph 
                        individually or through a consortium 
                        with 1 or more other States.
                          (vi) No requirement to submit 
                        standards to the secretary.--A State 
                        shall not be required to submit the 
                        State's college and career ready 
                        academic content standards or the 
                        State's college and career ready 
                        student academic achievement standards 
                        to the Secretary for review or 
                        approval.
                  (B) Science standards.--A State--
                          (i) shall demonstrate that the State 
                        has adopted, by not later than December 
                        31, 2013, statewide academic content 
                        standards and student academic 
                        achievement standards in science that 
                        are aligned with the knowledge and 
                        skills needed to be college and career 
                        ready, as described in subparagraph 
                        (A)(ii);
                          (ii) shall not be required to submit 
                        such standards to the Secretary; and
                          (iii) may choose to use such 
                        standards as part of the State's 
                        accountability system under paragraph 
                        (3), if such standards meet the 
                        requirements of clauses (ii) through 
                        (iv) of subparagraph (A).
                  (C) Standards for other subjects.--If a State 
                adopts high-quality academic content standards 
                and student academic achievement standards in 
                subjects other than reading or language arts, 
                mathematics, and science, such State may choose 
                to use such standards as part of the State's 
                accountability system, consistent with section 
                1116.
                  (D) Alternate academic achievement standards 
                for students with the most significant 
                cognitive disabilities.--The State may, through 
                a documented and validated standards-setting 
                process, adopt alternate academic achievement 
                standards in any subject included in the 
                State's accountability system under paragraph 
                (3) 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 in each subject being assessed; 
                        and
                          (ii) such alternate academic 
                        achievement standards--
                                  (I) are aligned with the 
                                State academic content 
                                standards required under this 
                                paragraph for the subject;
                                  (II) provide access to the 
                                general curriculum and the 
                                student academic achievement 
                                standards required under this 
                                paragraph for such subject; and
                                  (III) reflect professional 
                                judgment as to the highest 
                                possible standards achievable 
                                by such student.
                  (E) English language proficiency standards.--
                A State shall, not later than December 31, 
                2014, adopt high-quality English language 
                proficiency standards that--
                          (i) are aligned with the State's 
                        academic content standards in reading 
                        or language arts under subparagraph (A) 
                        so that achieving English language 
                        proficiency, as measured by the State's 
                        English language proficiency standards, 
                        indicates a sufficient knowledge of 
                        English to allow the State to validly 
                        and reliably measure the student's 
                        achievement on the State's reading or 
                        language arts student academic 
                        achievement standards;
                          (ii) ensure proficiency in English 
                        for each of the domains of speaking, 
                        listening, reading, and writing;
                          (iii) address the different 
                        proficiency levels of English learners; 
                        and
                          (iv) are updated, not later than 1 
                        year after the State adopts any new 
                        academic content standards in reading 
                        or language arts under this paragraph, 
                        in order to align the English language 
                        proficiency standards with the new 
                        content standards.
                  (F) No federal control.--Nothing in this 
                section shall be construed to authorize an 
                officer or employee of the Federal Government 
                to mandate, direct, or control a State's 
                academic content standards or student academic 
                achievement standards developed in accordance 
                with this section.
                  (G) Existing standards.--Nothing in this part 
                shall prohibit a State from revising, 
                consistent with this section, any standard 
                adopted under this part before, on, or after 
                the date of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 
                2011.
          (2) Academic assessments.--
                  (A) State assessments.--The State plan shall 
                demonstrate that the State educational agency, 
                in consultation with local educational 
                agencies, shall, beginning not later than the 
                beginning of the 2015-2016 school year, adopt 
                and implement statewide assessments that--
                          (i) include statewide assessments in 
                        reading or language arts, and 
                        mathematics, annually for grades 3 
                        through 8 and not less frequently than 
                        once during grades 10 through 12, 
                        that--
                                  (I) are aligned with the 
                                State's academic content 
                                standards in such subjects 
                                under paragraph (1)(A);
                                  (II) are administered to all 
                                public elementary and secondary 
                                school students in the State;
                                  (III) measure individual 
                                academic achievement;
                                  (IV) in the case of a State 
                                described in subsection 
                                (b)(1)(B), measure individual 
                                student growth, including 
                                measuring whether students are 
                                attaining growth in accordance 
                                with clauses (i) and (ii) of 
                                such subsection; and
                                  (V) may, at the State's 
                                choosing--
                                          (aa) be administered 
                                        through a single 
                                        summative assessment 
                                        each year; or
                                          (bb) be administered 
                                        through multiple 
                                        statewide assessments 
                                        during the course of 
                                        the year if the State 
                                        can demonstrate to the 
                                        Secretary's 
                                        satisfaction that the 
                                        results of these 
                                        multiple assessments, 
                                        taken in their 
                                        totality, provide a 
                                        summative score that 
                                        provides valid and 
                                        reliable information on 
                                        whether students are on 
                                        track to college and 
                                        career readiness in 
                                        reading or language 
                                        arts, and mathematics;
                          (ii) include statewide assessments in 
                        science, not less than once during each 
                        of the grade spans of grades 3 through 
                        5, 6 through 9, and 10 through 12, that 
                        measure--
                                  (I) student achievement 
                                relative to the State's science 
                                student academic achievement 
                                standards under paragraph 
                                (1)(B);
                                  (II) individual academic 
                                achievement; and
                                  (III) in the case of a State 
                                described in subsection 
                                (b)(1)(B), individual student 
                                growth, including measuring 
                                whether students are attaining 
                                growth in accordance with 
                                clauses (i) and (ii) of such 
                                subsection;
                          (iii) include the English language 
                        proficiency assessments and any 
                        alternate assessments described in 
                        subparagraphs (D) and (E), 
                        respectively; and
                          (iv) at the discretion of the State, 
                        measure the proficiency of students in 
                        the other academic subjects for which 
                        the State has adopted academic content 
                        standards and student academic 
                        achievement standards under paragraph 
                        (1)(C).
                  (B) Requirements for assessments.--The 
                assessments administered under this paragraph 
                shall--
                          (i) be the same academic assessments 
                        used to measure the achievement of all 
                        students;
                          (ii) be used only for purposes for 
                        which such assessments are valid and 
                        reliable, and be consistent with 
                        relevant, nationally recognized 
                        professional and technical standards;
                          (iii) be used only if the State 
                        educational agency provides to the 
                        Secretary evidence 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, which 
                        evidence the Secretary may make public;
                          (iv) involve multiple measures of 
                        student academic achievement, including 
                        measures that assess higher-order 
                        thinking skills and understanding;
                          (v) provide for--
                                  (I) the participation in such 
                                assessments of all students;
                                  (II) the reasonable 
                                adaptations for children with 
                                disabilities necessary to 
                                measure the academic 
                                achievement of such children in 
                                a subject, relative to the 
                                State academic content 
                                standards and State student 
                                academic achievement standards 
                                under paragraph (1) for such 
                                subject;
                                  (III) the valid and reliable 
                                accommodations for children 
                                with disabilities necessary to 
                                measure the academic 
                                achievement of such children in 
                                a subject, relative to the 
                                State academic content 
                                standards and State student 
                                academic achievement standards 
                                under paragraph (1) for such 
                                subject; and
                                  (IV) the inclusion of English 
                                learners, who shall be assessed 
                                in a valid and reliable manner 
                                and provided reasonable 
                                accommodations on assessments 
                                administered to such students 
                                under this paragraph, 
                                including, to the extent 
                                practicable, assessments in the 
                                language and form most likely 
                                to yield accurate data on what 
                                such students know and can do 
                                in academic content areas, 
                                until such students have 
                                achieved English language 
                                proficiency as determined under 
                                subparagraph (D), except that 
                                the State may exempt any 
                                English learner at the lowest 
                                levels of English language 
                                proficiency from the reading or 
                                language arts assessment for 
                                not more than 2 years following 
                                the date of the student's first 
                                enrollment in a school in the 
                                United States;
                          (vi) notwithstanding clause (v)(IV), 
                        include 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 3 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 2 additional consecutive years, 
                        if 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;
                          (vii) 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;
                          (viii) produce individual student 
                        interpretive, descriptive, and 
                        diagnostic reports that allow parents, 
                        teachers, and principals to understand 
                        and address the specific academic needs 
                        of students and include information 
                        regarding achievement on the academic 
                        assessments aligned with State academic 
                        achievement standards, and that are 
                        provided to parents, teachers, and 
                        principals--
                                  (I) as soon as is practicably 
                                possible after the assessment 
                                is given;
                                  (II) in an understandable and 
                                uniform format; and
                                  (III) to the extent 
                                practicable, in a language that 
                                parents can understand;
                          (ix) enable results to be 
                        disaggregated within the 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 results would 
                        reveal personally identifiable 
                        information about an individual 
                        student;
                          (x) be consistent with widely 
                        accepted professional testing standards 
                        and objectively measure academic 
                        achievement, knowledge, and skills;
                          (xi) not evaluate or assess personal 
                        or family beliefs and attitudes or 
                        publicly disclose personally 
                        identifiable information;
                          (xii) enable itemized score analyses 
                        to be produced and reported, consistent 
                        with clause (ii), 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;
                          (xiii) produce student achievement 
                        and other student data that can be used 
                        to inform determinations of individual 
                        principal and teacher effectiveness for 
                        purposes of evaluation and for 
                        determining the needs of principals and 
                        teachers for professional development 
                        and support; and
                          (xiv) consistent with paragraph 
                        (3)(D), be administered to not less 
                        than 95 percent of all students, and 
                        not less than 95 percent of each 
                        subgroup of students described in 
                        clause (ix), who are enrolled in the 
                        school.
                  (C) Languages of assessments.--The State 
                shall identify the languages other than English 
                that are present in the participating student 
                population in the State and indicate, in the 
                State's plan under subsection (b), the 
                languages for which yearly student academic 
                assessments included in the State's 
                accountability system under paragraph (3) are 
                not available and are needed. The State shall 
                make every effort to develop assessments in 
                such languages and may request assistance from 
                the Secretary if linguistically accessible 
                academic assessments are needed. Upon request, 
                the Secretary shall assist with the 
                identification of appropriate academic 
                assessments in such languages, but shall not 
                mandate a specific academic assessment or mode 
                of instruction.
                  (D) Assessments of english language 
                proficiency.--
                          (i) In general.--Each State plan 
                        shall demonstrate that local 
                        educational agencies in the State will, 
                        not later than the beginning of the 
                        2015-2016 school year, provide for the 
                        annual assessment of English language 
                        proficiency of all English learners in 
                        the schools served by the State 
                        educational agency.
                          (ii) Requirements.--The English 
                        language proficiency assessment 
                        described in clause (i) shall--
                                  (I) be aligned with the 
                                State's English language 
                                proficiency standards under 
                                paragraph (1)(E);
                                  (II) be designed to measure, 
                                in a valid and reliable manner, 
                                student progress toward, and 
                                attainment of, English language 
                                proficiency; and
                                  (III) reflect the academic 
                                language that is required for 
                                success on the State's academic 
                                assessments, consistent with 
                                paragraph (1)(E)(iv).
                  (E) Alternate assessments for students with 
                the most significant cognitive disabilities.--A 
                State may provide alternate assessments that 
                are aligned with alternate academic achievement 
                standards described in 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 in 
                        determining, on a subject-by-subject 
                        basis, when a child's significant 
                        cognitive disability justifies 
                        assessment based on alternate academic 
                        achievement standards;
                          (ii) ensures that parents of the 
                        students whom the State plans to assess 
                        using alternate assessments are 
                        involved in the decision that their 
                        child's academic achievement will be 
                        measured against alternate academic 
                        achievement standards, consistent with 
                        section 614(d)(1)(A)(i)(VI)(bb) of the 
                        Individuals with Disabilities Education 
                        Act, and are informed whether 
                        participation in such assessment may 
                        preclude the student from completing 
                        the requirements for a regular 
                        secondary school diploma, as determined 
                        by the State;
                          (iii) provides evidence that students 
                        with the most significant cognitive 
                        disabilities are, to the maximum extent 
                        practicable, included in the general 
                        curriculum and in assessments aligned 
                        with such curriculum, as described in 
                        section 601(c)(5)(A) of the Individuals 
                        with Disabilities Education Act;
                          (iv) certifies that, consistent with 
                        section 612(a)(16)(A) of the 
                        Individuals with Disabilities Education 
                        Act, the State's regular academic 
                        assessments described in subparagraphs 
                        (A), (C), and (D) are universally 
                        designed to be accessible to students, 
                        including students with sensory, 
                        physical, and intellectual 
                        disabilities, through the provision of 
                        reasonable adaptations and valid and 
                        reliable accommodations that produce 
                        valid results;
                          (v) develops, disseminates 
                        information about, makes available, and 
                        promotes the use of reasonable 
                        adaptations and valid and reliable 
                        accommodations to increase the number 
                        of students with the most significant 
                        cognitive disabilities participating in 
                        grade-level academic instruction and 
                        assessments that are aligned with 
                        grade-level academic standards, and 
                        promotes the use of appropriate 
                        accommodations to increase the number 
                        of students with the most significant 
                        cognitive disabilities who are tested 
                        against grade-level academic 
                        achievement standards;
                          (vi) takes steps to ensure that 
                        regular and special education teachers 
                        and other appropriate staff know how to 
                        administer assessments, including how 
                        to make appropriate use of reasonable 
                        adaptations and valid and reliable 
                        accommodations for such assessments, 
                        for students with the most significant 
                        cognitive disabilities; and
                          (vii) requires separate 
                        determinations about whether a student 
                        should be assessed using an alternate 
                        assessment for each subject assessed.
                  (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 
                        (A)(i)(I), the assessment shall 
                        measure, at a minimum, whether each 
                        student is meeting or exceeding the on-
                        track level of performance for the 
                        State academic content standards for 
                        the student's grade level, and, if the 
                        State chooses--
                                  (I) may measure the student's 
                                level of performance in the 
                                grades above or below the 
                                student's grade level; and
                                  (II) may be used to measure 
                                student growth using assessment 
                                items above and below grade 
                                level, including for purposes 
                                of determining if a student is 
                                attaining growth in accordance 
                                with clauses (i) and (ii) of 
                                subsection (b)(1)(B), as 
                                applicable.
                          (ii) Subparagraph (B)(i) shall not be 
                        interpreted to require that all 
                        students taking the computer adaptive 
                        assessment be administered the same 
                        assessment items.
                  (G) Reducing duplicative assessment.--The 
                State shall include, in the State plan under 
                subsection (b), a description of how the State 
                will regularly analyze assessment and 
                accommodations practice and use, and reduce 
                duplicative assessment.
          (3) State-designed accountability systems.--
                  (A) Accountability system.--Each State plan 
                shall, not later than the beginning of the 
                2013-2014 school year, demonstrate that the 
                State educational agency has developed and is 
                implementing a single, statewide accountability 
                system that--
                          (i) annually measures and reports 
                        on--
                                  (I) the achievement of 
                                students in all public 
                                elementary schools and 
                                secondary schools and local 
                                educational agencies in the 
                                State on the assessments 
                                described in paragraph (2); and
                                  (II) for high schools in the 
                                State, graduation rates;
                          (ii) expects the continuous 
                        improvement of all public schools in 
                        the State in the academic achievement 
                        and outcomes of all students, including 
                        the subgroups of students described in 
                        section 1116(b)(1)(B);
                          (iii) annually identifies schools 
                        that need supports and interventions to 
                        prepare college and career ready 
                        students;
                          (iv) provides for the improvement, 
                        through supports and interventions that 
                        address student needs, of all schools 
                        that are not identified under section 
                        1116(b) but are low-performing or have 
                        low-performing subgroups of the 
                        students described in section 
                        1116(b)(1)(B);
                          (v) develops the capacity of local 
                        educational agencies and schools to 
                        effectively educate their students and 
                        continuously improve;
                          (vi) recognizes, and encourages other 
                        local educational agencies to 
                        replicate, the practices of local 
                        educational agencies and schools that 
                        are successful in effecting significant 
                        student achievement or student growth; 
                        and
                          (vii) meets the requirements of 
                        section 1116.
                  (B) Subjects covered.--The State shall 
                include in the accountability system the 
                subjects of reading or language arts and 
                mathematics and may include any other subject 
                that the State chooses through its State plan, 
                if the State has adopted academic content 
                standards and student academic achievement 
                standards under paragraph (1)(C) and 
                assessments under paragraph (2)(B) for the 
                subject.
                  (C) Accountability for charter schools.--The 
                accountability provisions under this Act shall 
                be overseen for public charter schools in 
                accordance with State charter school law.
                  (D) Students with the most significant 
                cognitive disabilities.--In determining the 
                percentage of students who are on track to 
                college and career readiness or, if applicable, 
                attaining growth in accordance with clauses (i) 
                and (ii) of subsection (b)(1)(B), for a subject 
                for any purpose under this section or section 
                1116 or 1117, a State educational agency may 
                include, for all schools in the State, the 
                performance of the State's students with the 
                most significant cognitive disabilities on 
                alternate assessments as described in paragraph 
                (2)(E) in the subjects included in the State's 
                accountability system, if the total number of 
                those students in all grades assessed and for 
                each subject in the accountability system who 
                are on track to college and career readiness, 
                according to those alternate assessments, does 
                not exceed 1 percent of all students in the 
                State in the grades assessed in each subject.
          (4) Transition provisions.--The Secretary shall take 
        such steps as are necessary to provide for the orderly 
        transition between the accountability systems required 
        under section 1111(b)(2), as such section was in effect 
        on the day before the date of enactment of the 
        Elementary and Secondary Education Reauthorization Act 
        of 2011, and the new accountability systems required 
        under this subsection.
          (5) Voluntary partnerships.--A State may enter into a 
        voluntary partnership with another State to develop and 
        implement the academic assessments, academic content 
        standards, and student academic achievement standards 
        required under this section.
  (b) State Plans.--
          (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, specialized 
        instructional support personnel, administrators, other 
        staff, and parents, that--
                  (A) demonstrates the State's compliance with 
                this section;
                  (B) if the State chooses to use student 
                growth as a measure of academic progress and to 
                determine if students are on track to college 
                and career readiness, describes how the State 
                will measure student growth to ensure that--
                          (i) a student performing below the 
                        on-track level of performance for the 
                        student's grade level under subsection 
                        (a)(1)(A)(iv) on the academic 
                        assessment for the subject under 
                        subsection (a)(2) is attaining a rate 
                        of academic growth in the subject that 
                        indicates that the student will be on 
                        track to college and career readiness 
                        in not more than a specified number of 
                        years; or
                          (ii) a student who is performing at 
                        or above the on-track level of 
                        performance for the student's grade 
                        level on the academic assessment for 
                        the subject is continuing to make 
                        academic growth;
                  (C) is coordinated with the State plans 
                required by other programs under this Act, the 
                Individuals with Disabilities Education Act, 
                the Rehabilitation Act of 1973 (29 U.S.C. 701 
                et seq.), the Carl D. Perkins Career and 
                Technical Education Act of 2006, the Head Start 
                Act, the Child Care and Development Block Grant 
                Act of 1990, and the Adult Education and Family 
                Literacy Act;
                  (D) provides an assurance that the State will 
                continue to administer the academic assessments 
                required under paragraphs (3)(A) and (7) of 
                this subsection, as such paragraphs were in 
                effect on the day before the date of enactment 
                of the Elementary and Secondary Education 
                Reauthorization Act of 2011, and to include the 
                results of such assessments in the State's 
                accountability system, until the State has 
                implemented the assessments required under 
                subsection (a)(2);
                  (E) provides an assurance that the State will 
                participate in the biennial State academic 
                assessments of grade 4 and grade 8 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;
                  (F) describes the State accountability system 
                under subsection (a)(3) and the State's plan 
                for blue ribbon schools under section 1117 (if 
                the State chooses to carry out such section);
                  (G) describes the process the State will 
                utilize to review local educational agency 
                plans submitted pursuant to section 1112, 
                including the parent and family engagement plan 
                described in section 1118 and other provisions 
                related to parent and family engagement;
                  (H) describes the support the State will 
                provide to local educational agencies for the 
                education of homeless children and youths, and 
                how such support is consistent with the 
                requirements of subtitle B of title VII of the 
                McKinney-Vento Homeless Assistance Act;
                  (I) describes how the State educational 
                agency has involved the committee of 
                practitioners established under section 1603(b) 
                in developing the plan and monitoring its 
                implementation;
                  (J) describes how the State educational 
                agency will coordinate with the State Advisory 
                Council on Early Childhood Education and Care, 
                as appropriate;
                  (K) describes how the State and State 
                educational agency will comply with the 
                requirements of section 1501, and the State's 
                plan to ensure such compliance;
                  (L) describes how, beginning not later than 1 
                year after the date of enactment of the 
                Elementary and Secondary Education 
                Reauthorization Act of 2011, and for each 
                subsequent year--
                          (i) the State educational agency will 
                        provide for the equitable distribution 
                        of teachers in the State within local 
                        educational agencies and the State 
                        using data on the percentage and 
                        distribution of more than 1, or an 
                        index that incorporates more than 1, of 
                        the categories of teachers described in 
                        subparagraph (M); and
                          (ii) the State will report to the 
                        Secretary the percentage and 
                        distribution of teachers in the State, 
                        based on the measures used in the 
                        State, for each quartile of schools 
                        based on school poverty level, for 
                        high-minority schools, and for low-
                        minority schools; and
                  (M) describes how the State will annually 
                submit to the Secretary, for each quartile of 
                schools in the State based on school poverty 
                level and for high-minority schools and low-
                minority schools in the State, data regarding 
                the percentage and distribution of the 
                following categories of teachers:
                          (i) Teachers who are not classified 
                        as highly qualified teachers.
                          (ii) Teachers who are inexperienced.
                          (iii) Teachers who have not completed 
                        a teacher preparation program.
                          (iv) Teachers who are not teaching in 
                        the subject or field for which the 
                        teacher is certified or licensed.
                          (v) Where applicable, teachers who 
                        are in the highest or lowest rating 
                        categories of a teacher evaluation 
                        system that is consistent with section 
                        2301(b)(4).
          (2) Comprehensive plan.--A State plan submitted under 
        paragraph (1) may be submitted as part of the 
        comprehensive plan under section 9302.
          (3) Duration of the plan.--
                  (A) In general.--Each State plan shall--
                          (i) remain in effect for the duration 
                        of the State's participation under this 
                        part; and
                          (ii) 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.
                  (B) Additional information.--
                          (i) Revised plans.--If a State makes 
                        significant changes to its plan, such 
                        as adopting new State academic content 
                        standards, new State student 
                        achievement standards, or new academic 
                        assessments under subsection (a), the 
                        State shall submit a revised plan to 
                        the Secretary.
                          (ii) Review of revised plans.--The 
                        Secretary shall review the information 
                        submitted under clause (i) and may, 
                        notwithstanding paragraph (4), approve 
                        or disapprove changes to the State plan 
                        without undertaking the peer-review or 
                        hearing process described in such 
                        paragraph.
          (4) Peer review and secretarial approval.--
                  (A) Secretarial duties.--The Secretary 
                shall--
                          (i) establish a peer-review process 
                        that maximizes collaboration with each 
                        State to assist in the review of State 
                        plans;
                          (ii) appoint expert individuals to 
                        the peer-review process who--
                                  (I) represent a regionally 
                                diverse cross-section of 
                                States;
                                  (II) are representative of 
                                parents, teachers, State 
                                educational agencies, and local 
                                educational agencies; and
                                  (III) are familiar with 
                                educational standards, 
                                assessments, accountability, 
                                the needs of persistently low-
                                achieving schools as described 
                                in section 1116(c)(2), and the 
                                needs of disadvantaged students 
                                and other educational needs of 
                                students;
                          (iii) ensure that the peer-review 
                        process provides timely feedback from 
                        the peer-review panel to the States, 
                        and that such feedback shall be made 
                        publicly available, including through 
                        electronic means;
                          (iv) not decline approval of a State 
                        plan before--
                                  (I) offering the State an 
                                opportunity to revise the State 
                                plan;
                                  (II) providing technical 
                                assistance to the State to meet 
                                the requirements of this 
                                subsection and subsections (a) 
                                and (c); and
                                  (III) upon the request of a 
                                State, providing a hearing;
                          (v) have the authority to disapprove 
                        a State plan for not meeting the 
                        requirements of this part, and may deny 
                        approval to a State plan under this 
                        subsection that was recommended by the 
                        peer-review panel by making available 
                        written findings of the cause for such 
                        disapproval;
                          (vi) approve a State plan not later 
                        than 120 days after its submission 
                        unless the Secretary determines that 
                        the plan does not meet the requirements 
                        of this section;
                          (vii) if the Secretary determines 
                        that the State plan does not meet the 
                        requirements of this subsection and 
                        subsection (c), immediately notify the 
                        State in writing of such determination 
                        and the reasons for such determination; 
                        and
                          (viii) 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 1 or more 
                        specific elements of the State's 
                        academic content standards or to use 
                        specific academic assessment 
                        instruments or items.
                  (B) State revisions.--A State plan shall be 
                revised by the State educational agency if 
                necessary to satisfy the requirements of this 
                section.
  (c) Parent and Family Engagement.--Each State plan shall 
include a description of how the State will strengthen 
engagement of the parents and families in education (referred 
to in this subsection as the ``parent and family engagement 
plan'') in accordance with the following:
          (1) Statewide parent and family engagement 
        strategy.--The parent and family engagement plan shall 
        demonstrate how the State plans to increase and enhance 
        the engagement of parents and family members in 
        education throughout the State, through the 
        implementation and replication of evidence-based or 
        promising practices and strategies, in order to--
                  (A) increase student academic achievement and 
                college and career readiness (as measured by 
                the State academic content and student academic 
                achievement standards);
                  (B) provide parents and family members with 
                the skills and opportunities necessary to 
                become full partners in their child's 
                education;
                  (C) improve child development;
                  (D) strengthen relationships and partnerships 
                among school personnel (including educators and 
                administrators) and parents and family members, 
                to support student achievement and college and 
                career readiness;
                  (E) improve the ability of local educational 
                agencies and schools to increase the 
                participation of parents and family members in 
                school improvement strategies; and
                  (F) focus the activities described in 
                subparagraphs (A) through (E) in high-need 
                local educational agencies and high-need 
                schools.
          (2) Coordination; collection; dissemination.--The 
        parent and family engagement plan shall describe how 
        the State will--
                  (A) ensure maximum coordination and minimum 
                duplication of efforts (which may include the 
                designation of a parent and family engagement 
                coordinator) among, at a minimum--
                          (i) Federal, State, and local 
                        programs;
                          (ii) the State Advisory Councils on 
                        Early Childhood Education and Care;
                          (iii) the parent and family 
                        information and resource centers 
                        established under part G of title IV; 
                        and
                          (iv) appropriate non-Federal entities 
                        (such as community-based and 
                        philanthropic organizations); and
                  (B) collect and disseminate best practices 
                and research on parent and family engagement 
                strategies to--
                          (i) local educational agencies, 
                        including high-need local educational 
                        agencies, and high-need schools in the 
                        State, such as through parent and 
                        family engagement academies and other 
                        leadership development strategies; and
                          (ii) institutions of higher education 
                        and other organizations with a 
                        demonstrated record of success in 
                        increasing the engagement of parents 
                        and family members in education.
          (3) Technical assistance, training, and capacity-
        building.--The State parent and family engagement plan 
        shall describe the evidence-based technical assistance, 
        professional development, or other capacity-building 
        strategies that the State will provide to, at a 
        minimum, high-need local educational agencies and high-
        need schools, which--
                  (A) shall include the provision of technical 
                assistance to local educational agencies that 
                serve schools identified under subsection (b) 
                or (c)(2) of section 1116;
                  (B) shall include partnering with the 
                appropriate parent and family information and 
                resource centers; and
                  (C) may include assistance in developing, 
                revising, or implementing the local educational 
                agency plans submitted pursuant to section 
                1112, as such plans relate to supporting parent 
                and family engagement.
          (4) Leveraging resources.--Each State plan may 
        include a description of how the State will leverage 
        resources of employers, business leaders, philanthropic 
        and non-profit organizations, and other community 
        members committed to improving student achievement and 
        development to increase and strengthen parent and 
        family engagement.
  (d) Annual State Report Cards.--
          (1) In general.--A State that receives a grant under 
        this part shall prepare and disseminate an annual 
        report card for each public elementary school and 
        secondary school in the State, each local educational 
        agency in the State, and the State as a whole.
          (2) Requirements for all report cards.--The State 
        shall ensure that the school, local educational agency, 
        and State report cards required under this subsection 
        shall--
                  (A) be uniform across the State;
                  (B) be concise;
                  (C) be presented in a format that is easily 
                understandable and, to the extent practicable, 
                provided in a language that parents can 
                understand; and
                  (D) be accessible to the public, which shall 
                include--
                          (i) making the State report card and 
                        all local educational agency and school 
                        report cards available on a single 
                        webpage of the State's website;
                          (ii) placing, on the website of each 
                        local educational agency and, where 
                        applicable, each school, a link that 
                        provides access to the report card for 
                        the local educational agency or school, 
                        respectively; and
                          (iii) providing a copy of a school's 
                        report card to the parents of each 
                        student enrolled in the school each 
                        year.
          (3) Required student information for school report 
        cards.--Each school report card required under 
        paragraph (1) shall include the following:
                  (A) A clear and concise description of the 
                State's accountability system under subsection 
                (a)(3), including a description of the criteria 
                by which the State evaluates school 
                performance, and the criteria that the State 
                has established to determine the status of 
                schools.
                  (B) Information on each of the following, in 
                the aggregate and disaggregated and cross-
                tabulated by the subgroups described in 
                subsection (a)(2)(B)(ix) (except that such 
                disaggregation and cross-tabulation shall not 
                be required in a case in which the results 
                would reveal personally identifiable 
                information about an individual student):
                          (i) Student achievement at each 
                        performance level on the State academic 
                        assessments that are included in the 
                        State's accountability system under 
                        subsection (a)(3).
                          (ii) The percentage of students who 
                        do not take the State academic 
                        assessments.
                          (iii) The most recent 3-year trend in 
                        student achievement in each subject 
                        area, and for each grade level, for 
                        such assessments.
                          (iv) A comparison of the school's 
                        student academic assessment data to the 
                        State average for each tested subject.
                          (v) In the case of a school in a 
                        State described in subsection 
                        (b)(1)(B)--
                                  (I) the number and percentage 
                                of students who are attaining 
                                growth, in accordance with 
                                clauses (i) and (ii) of such 
                                subsection, for each subject 
                                area and grade level; and
                                  (II) the most recent 3-year 
                                trend in student growth in each 
                                subject area, and for each 
                                grade level, for the State 
                                academic assessments.
                          (vi) The number and percentage of 
                        students with the most significant 
                        cognitive disabilities that take an 
                        alternate assessment under subsection 
                        (a)(2)(E), by grade and subject.
                          (vii) The number of students who are 
                        English learners, and the performance 
                        of such students, on the State's 
                        English language proficiency 
                        assessments under subsection (a)(2)(D), 
                        including the students' attainment of, 
                        and progress toward, higher levels of 
                        English language proficiency.
                          (viii) For each high school--
                                  (I) student graduation rates, 
                                including--
                                          (aa) the 4-year 
                                        adjusted cohort 
                                        graduation rate, as 
                                        defined in section 
                                        9101(30)(A); and
                                          (bb) the cumulative 
                                        graduation rate, as 
                                        defined in section 
                                        9101(30)(B); and
                                  (II) not later than the 
                                beginning of the 2012-2013 
                                school year, the rate at which 
                                students who graduated from the 
                                high school in the preceding 
                                year enrolled in institutions 
                                of higher education by the 
                                beginning of the next school 
                                year; and
                                  (III) not later than the 
                                beginning of the 2013-2014 
                                school year, the rate of 
                                student remediation, in the 
                                aggregate, for high school 
                                graduates who enroll in public 
                                institutions of higher 
                                education in the State or in 
                                other institutions of higher 
                                education (to the extent 
                                obtaining the data regarding 
                                remediation from other 
                                institutions is practicable).
                  (C) The school's categorization, if 
                applicable, in the State school accountability 
                and improvement system under section 1116.
                  (D) The most recently available academic 
                achievement results in grades 4 and 8 of the 
                State's students on the National Assessment of 
                Educational Progress in reading and 
                mathematics, including the percentage of 
                students at each achievement level in the 
                aggregate and by the groups described in 
                section 303(b)(2)(G) of the National Assessment 
                of Educational Progress Authorization Act (20 
                U.S.C. 9622(b)(2)(G)).
          (4) Optional information.--A State may include in 
        each school 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 
        and secondary schools. Such information may include--
                  (A) the percentage of students passing 
                examinations related to coursework acceptable 
                for postsecondary credit at institutions of 
                higher education, such as Advanced Placement or 
                International Baccalaureate examinations;
                  (B) the average class size, by grade;
                  (C) the incidence of school violence, 
                bullying, drug abuse, alcohol abuse, student 
                suspensions, student detentions, and student 
                expulsions;
                  (D) indicators of school climate;
                  (E) student attendance; and
                  (F) school readiness of students in 
                kindergarten.
          (5) Local educational agency and state report 
        cards.--Each local educational agency report card and 
        State report card required under paragraph (1)--
                  (A) shall include the data described in 
                clauses (i) through (viii) of paragraph (3)(B) 
                for the local educational agency or State, 
                respectively, as a whole and disaggregated by 
                the subgroups described in subsection 
                (a)(2)(B)(ix);
                  (B) may include any optional information 
                described in paragraph (4) for the local 
                educational agency or State, respectively; and
                  (C) in the case of a State report card, shall 
                include the data described in paragraph 
                (3)(B)(viii) disaggregated by status as a child 
                in foster care, 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.
          (6) Data.--A State shall only include in a school 
        report card or local educational agency report card, 
        data that do not reveal personally identifiable 
        information about an individual student.
          (7) Preexisting report cards.--A State educational 
        agency or local educational agency that was providing 
        public report cards on the performance of students, 
        schools, local educational agencies, or the State prior 
        to the date of enactment of the Elementary and 
        Secondary Education Reauthorization Act of 2011, may 
        use those report cards for the purpose of this 
        subsection as long as any such report card is modified, 
        as may be needed, to contain the information required 
        by this subsection.
          (8) Cost reduction.--Each State educational agency 
        and local educational agency receiving assistance under 
        this part shall, wherever possible, take steps to 
        reduce data collection costs and duplication of effort 
        by obtaining the information required under this 
        subsection through existing data collection efforts.
          (9) Cross-tabulated data not used for 
        accountability.--Groups of students obtained by cross-
        tabulating data under this subsection shall not be 
        considered to be subgroups under section 1116. Such 
        cross-tabulated data shall not be used to determine 
        whether a school is identified under subsection (b) or 
        (c) of section 1116 or is a low-performing school under 
        section 1116(e).
  (e) Reporting.--
          (1) Annual state report.--Each State educational 
        agency that receives assistance under this part shall 
        report annually to the Secretary, and make widely 
        available within the State--
                  (A) information on the State's progress in 
                developing and implementing the academic 
                assessments described in subsection (a)(2);
                  (B) information on the achievement of 
                students, in terms of being on track to college 
                and career readiness and, for States described 
                in subsection (b)(1)(B), in terms of attaining 
                growth in accordance with clauses (i) and (ii) 
                of such subsection, on such academic 
                assessments, including results disaggregated 
                (except 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) by the 
                subgroups described in subsection (a)(2)(B)(ix) 
                and by status as a child in foster care;
                  (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 results 
                disaggregated by the subgroups described in 
                subsection (a)(2)(B)(ix)) required under this 
                section;
                  (D) information on the acquisition of English 
                language proficiency by students who are 
                English learners;
                  (E) the number of schools, and the name of 
                each school, identified under section 
                1116(c)(2); and
                  (F) the number of schools, and the name of 
                each school, identified under section 1117.
          (2) Secretary's report card and biennial evaluation 
        report.--
                  (A) Secretary's report card.--Not later than 
                July 1, 2013, and annually thereafter, the 
                Secretary shall prepare and submit to the 
                authorizing committees a national report card 
                on the status of elementary and secondary 
                education in the United States. Such report 
                shall--
                          (i) analyze existing data from State 
                        reports required under this Act, the 
                        Individuals with Disabilities Education 
                        Act, and the Carl D. Perkins Career and 
                        Technical Education Act of 2006, and 
                        summarize major findings from such 
                        reports;
                          (ii) analyze data from the National 
                        Assessment of Educational Progress and 
                        international assessments, including 
                        the Third International Mathematics and 
                        Science Survey;
                          (iii) identify trends in student 
                        achievement, student performance, and 
                        high school graduation rates, by 
                        analyzing and reporting on the status 
                        and performance of subgroups of 
                        students, including subgroups based on 
                        race, ethnicity, and socioeconomic 
                        status and the subgroups of children 
                        with disabilities and English learners;
                          (iv) compare the performance of 
                        students, including the subgroups 
                        described in clause (iii), across 
                        States and local educational agencies 
                        across the United States;
                          (v) identify and report on promising 
                        practices, areas of greatest 
                        improvement in student achievement and 
                        educational attainment, and other 
                        examples worthy of national attention;
                          (vi) identify and report on areas of 
                        educational concern that warrant 
                        national attention; and
                          (vii)(I) analyze existing data, as of 
                        the time of the report, on Federal, 
                        State, and local expenditures on 
                        education, including per pupil 
                        spending, teacher salaries and pension 
                        obligations, school level spending, and 
                        other financial data publicly 
                        available; and
                          (II) report on current trends and 
                        major findings resulting from the 
                        analysis.
                  (B) Special rule.--The information used to 
                prepare the report described in subparagraph 
                (A) shall be derived from existing State and 
                local reporting requirements and data sources. 
                Nothing in this paragraph shall be construed as 
                authorizing, requiring, or allowing any 
                additional reporting requirements, data 
                elements, or information to be reported to the 
                Secretary not otherwise explicitly authorized 
                by any other Federal law.
                  (C) Biennial report.--The Secretary shall 
                transmit biennially to the authorizing 
                committees a report that provides national and 
                State-level data on the information collected 
                under paragraph (1).
  (f) Penalties.--If a State that receives a grant under this 
part fails to meet any requirement of this part, the Secretary 
may withhold funds for State administration under this part 
until the Secretary determines that the State has fulfilled 
those requirements.
  (g) Parents' Right-to-know.--
          (1) 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:
                  (A) Whether the teacher has met State 
                qualification and licensing criteria for the 
                grade levels and subject areas in which the 
                teacher provides instruction.
                  (B) Whether the teacher is teaching under 
                emergency or other provisional status through 
                which State qualification or licensing criteria 
                have been waived.
                  (C) 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.
                  (D) Whether the student is provided services 
                by paraprofessionals and, if so, their 
                qualifications.
          (2) Additional information.--In addition to the 
        information that parents of students may request under 
        paragraph (1), a school that receives funds under this 
        part shall provide to each individual parent, with 
        respect to the student--
                  (A) information on the level of achievement 
                of the student in each of the State academic 
                assessments as required under this part; and
                  (B) timely notice that the student has been 
                assigned, or has been taught for 4 or more 
                consecutive weeks by, a teacher who is not a 
                highly qualified teacher.
          (3) Format.--The notice and information provided to 
        parents under this subsection shall be in an 
        understandable and uniform format and, to the extent 
        practicable, provided in a language that the parents 
        can understand.
  (h) Privacy.--Information collected under this section shall 
be collected and disseminated in a manner that protects the 
privacy of individuals.
  (i) 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 State 
accountability systems, the minimum number of students in a 
subgroup needed to protect confidentiality, and other relevant 
areas.
  (j) 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.
  (k) 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 of the Department 
of Interior that receives funds under this part, the following 
shall apply:
          (1) State accredited schools.--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) Regionally accredited schools.--Each such school 
        that is accredited by a regional accrediting 
        organization shall adopt appropriate assessments, 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) Tribally accredited schools.--Each such school 
        that is accredited by a tribal accrediting agency or 
        tribal division of education shall use assessments 
        developed by such agency or division, except that the 
        Secretary of the Interior shall ensure that such 
        assessments meet the requirements of this section.

           *       *       *       *       *       *       *


[SEC. 1112. [20 U.S.C. 6312] 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. 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 Development and Duration.--
          (1) Consultation.--Each local educational agency plan 
        shall be developed in consultation with--
                  (A) teachers, principals, administrators, and 
                other appropriate school personnel;
                  (B) representatives of early childhood 
                education and care programs in the geographic 
                area served by the local educational agency, as 
                appropriate; and
                  (C) parents and family members of children in 
                schools served under this part.
          (2) Duration.--Each local educational agency plan 
        shall be submitted pursuant to this section for the 
        first year for which this part is in effect following 
        the date of enactment of the Elementary and Secondary 
        Education Reauthorization Act of 2011 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 
        to reflect changes in the local educational agency's 
        strategies and programs under this part.
  (c) 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 content and student 
                academic achievement standards expected of all 
                children described in section 1111(a)(1); and
                  (B) meets the requirements of this part.
  (d) Plan Provisions.--In order to help low-achieving children 
meet college and career ready student academic achievement 
standards, and to close the achievement gap between high- and 
low-achieving children, especially achievement gaps between 
minority and nonminority students, and between disadvantaged 
children and their more advantaged peers, each local 
educational agency plan shall describe each of the following:
          (1) How the local educational agency will work with 
        each of the schools served by the agency to--
                  (A) develop and implement a comprehensive 
                program of instruction to meet the academic 
                needs of all students;
                  (B) identify quickly and effectively students 
                who may be at risk for academic failure;
                  (C) provide additional educational assistance 
                to individual students assessed as needing help 
                in meeting the State's college and career ready 
                student academic achievement standards;
                  (D) identify significant gaps in student 
                achievement among subgroups of students 
                identified under section 1111(a)(2)(B)(ix) and 
                develop strategies to reduce such gaps in 
                achievement; and
                  (E) identify and implement effective methods 
                and instructional strategies that are based on 
                scientifically valid research intended to 
                strengthen the core academic programs of the 
                schools, including multi-tiered systems of 
                support, universal design for learning, and 
                positive behavioral interventions and supports.
          (2) How the local educational agency will monitor and 
        evaluate the effectiveness of school programs in 
        improving student academic achievement, especially for 
        students not meeting college and career ready student 
        academic achievement standards.
          (3) The strategy the local educational agency will 
        use to implement effective parent and family engagement 
        under section 1118.
          (4) How the local educational agency will coordinate 
        and integrate services provided under this part with 
        other early childhood education and care programs at 
        the local educational agency or individual school level 
        (including programs under section 619 of the 
        Individuals with Disabilities Education Act) that 
        include plans for the transition of participants in 
        such programs to local elementary school programs and, 
        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 a Head Start program, which 
        may be provided directly by the local educational 
        agency or through a subcontract with the Head Start 
        agency designated by the Secretary of Health and Human 
        Services under section 641 of the Head Start Act, or 
        another comparable public early childhood education and 
        care program.
          (5) How activities under this part will be 
        coordinated and integrated with Federal, State, and 
        local services and programs, including programs 
        supported under this Act, the Carl D. Perkins Career 
        and Technical Education Act of 2006, the Individuals 
        with Disabilities Education Act, the Rehabilitation Act 
        of 1973, the Head Start Act, the Child Care and 
        Development Block Grant Act of 1990, the Workforce 
        Investment Act of 1998, violence prevention programs, 
        nutrition programs, and housing programs.
          (6) How the local educational agency will coordinate 
        and integrate services provided under this part with 
        local workforce development programs that serve 
        disadvantaged or out-of-school youth, such as those 
        providing workforce investment activities under chapter 
        4 of subtitle B of title I of the Workforce Investment 
        Act of 1998, including a description of how the local 
        educational agency will use funds under this part to 
        support such activities.
          (7) The poverty criteria that will be used to select 
        school attendance areas under section 1113.
          (8) How teachers, in consultation with parents and 
        family members, 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 part.
          (9) How the local educational agency will identify 
        and address any disparities in the equitable 
        distribution of teachers, consistent with the 
        requirements of section 1111(b)(1)(L).
          (10) Data on the percentage and distribution of more 
        than 1, or an index that incorporates more than 1, of 
        the categories of teachers described in subparagraphs 
        (A) through (E) of subsection (e)(10).
          (11) 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.
          (12) A description of--
                  (A) how the local educational agency will 
                provide opportunities for the enrollment, 
                attendance, and success of homeless children 
                and youths; and
                  (B) the services the local educational agency 
                will provide homeless children and youths, 
                including services provided with funds reserved 
                under section 1113(c)(3), and how those 
                services may differ from those provided in 
                prior years.
          (13) A description of the support the local 
        educational agency will provide for homeless children 
        and youths, consistent with the requirements of the 
        McKinney-Vento Homeless Assistance Act.
  (e) Assurances.--Each local educational agency plan shall 
provide assurances that the local educational agency will--
          (1) use the results of the academic assessments 
        required under section 1111(a)(2), 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 on-track or advanced level of achievement on 
        the State academic assessments described in section 
        1111(a)(2);
          (2) provide to parents and teachers the results from 
        the academic assessments required under section 
        1111(a)(2) as soon as is practicably possible after the 
        test is taken in an understandable and uniform format 
        and, to the extent possible, provided in a language 
        that the parents and, to the greatest extent 
        practicable, family members, can understand;
          (3) participate, if selected, in State academic 
        assessments of student achievement in reading and 
        mathematics in grades 4 and 8 carried out under section 
        303(b)(3) of the National Assessment of Educational 
        Progress Authorization Act;
          (4) fulfill such agency's school improvement 
        responsibilities under section 1116;
          (5) ensure that 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;
          (6) 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;
          (7) inform eligible schools of the local educational 
        agency's authority to obtain waivers on the school's 
        behalf under applicable Federal flexibility provisions;
          (8) in the case of a local educational agency that 
        chooses to use funds under this part to provide early 
        childhood education and care 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;
          (9) comply with the requirements of section 1501 that 
        relate to the local educational agency and describe the 
        local educational agency's plan to ensure such 
        compliance; and
          (10) annually submit to the State educational agency, 
        for each quartile of schools in the local educational 
        agency based on school poverty level and for high-
        minority schools and low-minority schools in the local 
        educational agency, data regarding the percentage and 
        distribution of the following categories of teachers:
                  (A) Teachers who are not classified as highly 
                qualified teachers.
                  (B) Teachers who are inexperienced.
                  (C) Teachers who have not completed a teacher 
                preparation program.
                  (D) Teachers who are not teaching in the 
                subject or field for which the teacher is 
                certified or licensed.
                  (E) Where applicable, teachers who are in the 
                highest or lowest categories of a teacher 
                evaluation system that is consistent with 
                section 2301(b)(4).
  (f) Parental Notification Regarding Language Instruction 
Programs.--
          (1) In general.--Each local educational agency using 
        funds under this part to provide a language instruction 
        educational program as determined under part C of title 
        III shall, not later than 30 days after the beginning 
        of the school year, inform a parent or parents of an 
        English learner child 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 learner 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;
                          (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 1 
                                program or method is offered by 
                                the eligible entity.
          (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 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 and who are subsequently so identified, the local 
        educational agency shall notify the parents of such 
        children 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 and, to the 
        extent practicable, family members, of English learner 
        students to inform the parents and family members 
        regarding how the parents and family members 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 college and career 
        ready State student 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 and family members 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. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

  (a) Determination.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          [(3) Ranking order.--If funds allocated in accordance 
        with subsection (c) are insufficient to serve all 
        eligible school attendance areas, a local educational 
        agency shall--
                  [(A) annually rank, without regard to grade 
                spans, such agency's eligible school attendance 
                areas in which the concentration of children 
                from low-income families exceeds 75 percent 
                from highest to lowest according to the 
                percentage of children from low-income 
                families; and
                  [(B) serve such eligible school attendance 
                areas in rank order.]
          (3) Ranking order.--
                  (A) In general.--Except as provided in 
                subparagraph (B), if funds allocated in 
                accordance with subsection (c) are insufficient 
                to serve all eligible school attendance areas, 
                a local educational agency shall--
                          (i) annually rank, without regard to 
                        grade spans, such agency's eligible 
                        school attendance areas in which the 
                        concentration of children from low-
                        income families exceeds 75 percent, or 
                        exceeds 50 percent in the case of the 
                        high schools served by such agency, 
                        from highest to lowest according to the 
                        percentage of children from low-income 
                        families; and
                          (ii) serve such eligible school 
                        attendance areas in rank order.
                  (B) Applicability.--A local educational 
                agency shall not be required to reduce, in 
                order to comply with subparagraph (A), the 
                amount of funding provided under this part to 
                elementary schools and middle schools from the 
                amount of funding provided under this part to 
                such schools for the fiscal year preceding the 
                data of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 2011 
                in order to provide funding under this part to 
                high schools pursuant to subparagraph (A).
          (4) Remaining funds.--* * *
          [(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 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) to identify eligible school attendance 
                areas;
                  [(B) to determine the ranking of each area; 
                and
                  [(C) to determine allocations under 
                subsection (c).]
          (5) Measures.--
                  (A) In general.--Except as provided in 
                subparagraph (B), 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 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--
                          (i) to identify eligible school 
                        attendance areas;
                          (ii) to determine the ranking of each 
                        area; and
                          (iii) to determine allocations under 
                        subsection (c).
                  (B) Low-income families in secondary 
                schools.--For measuring the number of students 
                in low-income families in secondary schools, 
                the local educational agency shall use the same 
                measure of poverty, which shall be the 
                calculation producing the greater of the 
                results from among the following 2 
                calculations:
                          (i) The calculation described under 
                        subparagraph (A).
                          (ii) A feeder pattern described in 
                        subparagraph (C).
                  (C) Feeder pattern.--In this part, the term 
                ``feeder pattern'' means an accurate estimate 
                of the number of students in low-income 
                families in a secondary school that is 
                calculated by applying the average percentage 
                of students in low-income families of the 
                elementary school attendance areas as 
                calculated under subparagraph (A) that feed 
                into the secondary school to the number of 
                students enrolled in such school.
          (6) Exception.--* * *

           *       *       *       *       *       *       *

          (8) Reservation for early childhood education and 
        care.--A local educational agency may reserve funds 
        made available to carry out this section for early 
        childhood education and care in eligible school 
        attendance areas before making allocations to high 
        schools in eligible school attendance areas pursuant to 
        this section.
  (c) Allocations.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          [(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) Reservation for homeless children and youth and 
        other at-risk children.--
                  (A) Funds for homeless children and youth and 
                other at-risk children.--A local educational 
                agency shall reserve such funds as are 
                necessary under this part to serve--
                          (i) 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;
                          (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 programs; and
                          (iv) children in foster care (as 
                        defined in section 1502), including 
                        providing points of contact (as 
                        described in section 1501(d)) in local 
                        educational agencies for child welfare 
                        agencies and children in foster care.
                  (B) Reservation of funds.--Notwithstanding 
                the requirements of subsections (b) and (c) of 
                section 1120A, funds reserved under 
                subparagraph (A) may be used to provide 
                homeless children and youths with services not 
                ordinarily provided to other students under 
                this part, including--
                          (i) providing funding for the liaison 
                        designated pursuant to section 
                        722(g)(1)(J)(ii) of the McKinney-Vento 
                        Homeless Assistance Act;
                          (ii) providing transportation 
                        pursuant to section 722(g)(1)(J)(iii) 
                        of such Act;
                          (iii) providing services to 
                        preschool-aged homeless children and 
                        homeless secondary school students;
                          (iv) providing support services to 
                        homeless children and youths in 
                        shelters and other locations where they 
                        may live; and
                          (v) removing barriers to homeless 
                        children and youths' enrollment, 
                        attendance, retention, and success in 
                        school.
                  (C) Amount reserved.--The amount of funds 
                reserved in accordance with subparagraph (A)(i) 
                shall be determined by an assessment of the 
                needs of homeless children and youths in the 
                local educational agency. Such needs assessment 
                shall include the following:
                          (i) Information related to child, 
                        youth, and family homelessness in the 
                        local educational agency obtained 
                        through the coordination and 
                        collaboration required 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 the McKinney-Vento 
                        Homeless Assistance Act for the 
                        previous school year.
          (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, 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)]identified under 
        section 1116(c)(2) 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, 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. 
        Funds under this part may be used to support activities 
        that address needs identified through the comprehensive 
        needs assessment under subsection (b)(1)(A) and 
        consistent with the schoolwide program.
          (2) Identification of students not required.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

                          (ii) to [provide services to such 
                        children that are supplementary, as 
                        otherwise required by section 
                        1120A(b).]identify particular services 
                        as supplemental.
                  [(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, 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.]
                  (B) Supplemental funds.--
                          (i) In general.--A local educational 
                        agency serving a school participating 
                        in a schoolwide program shall use funds 
                        available to carry out this section 
                        only to supplement the aggregate amount 
                        of funds that would, in the absence of 
                        funds under this part, be made 
                        available from State and local sources 
                        for the school, including funds needed 
                        to provide services that are required 
                        by law for children with disabilities 
                        and children who are English learners.
                          (ii) Compliance.--To demonstrate 
                        compliance with clause (i), a local 
                        educational agency shall demonstrate 
                        that the methodology it uses to 
                        allocate State and local funds to each 
                        school receiving funds under this part 
                        ensures the school receives all of the 
                        State and local funds the school would 
                        otherwise receive if it were not 
                        receiving funds under this part.
                          (iii) Nonapplicability.--Section 
                        1120A(b) shall not apply to schools 
                        operating schoolwide programs under 
                        this section.
          (3) Exemption from statutory and regulatory 
        requirements.--
                  (A) Exemption.--* * *
                  (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, or 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)]section 1312) 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 described in 
                [section 1111(b)(1)]section 1111(a)(1).
                  (B) Schoolwide reform strategies that--
                          (i) provide opportunities for all 
                        children to meet the State's 
                        [proficient and advanced]on-track and 
                        advanced levels of student academic 
                        achievement described in [section 
                        1111(b)(1)(D)]section 
                        1111(a)(1)(A)(iv);
                          (ii) use effective methods and 
                        instructional strategies that are based 
                        on [scientifically based 
                        research]scientifically valid research 
                        that--
                                  (I) * * *

           *       *       *       *       *       *       *

                          (iii)(I) * * *
                                  (aa) counseling, [pupil 
                                services]specialized 
                                instructional support services, 
                                and mentoring services;
                                  (bb) * * *
                                  (cc) the integration of 
                                [vocational and technical 
                                education programs; and]career 
                                and technical education 
                                programs;
                          (II) address how the school will 
                        determine if such needs have been met; 
                        and
                                  (III) a multi-tier system of 
                                supports and positive behavior 
                                supports; and
                          (iv) are consistent with, and are 
                        designed to implement, the State and 
                        local improvement plans, if any.
                  (C) Instruction by highly qualified and 
                highly rated teachers.
                  [(D) In accordance with section 1119 and 
                subsection (a)(4), high-quality and ongoing 
                professional development for teachers, 
                principals, and paraprofessionals and, if 
                appropriate, pupil services personnel, parents, 
                and other staff to enable all children in the 
                school to meet the State's student academic 
                achievement standards.]
                  [(E)](D) Strategies to attract high-quality 
                highly qualified and highly rated teachers to 
                high-need schools.
                  [(F) Strategies to increase parental 
                involvement in accordance with section 1118, 
                such as family literary services.]
                  [(G)](E) Plans for assisting preschool 
                children in the transition from early childhood 
                programs, such as Head Start[, Even Start, 
                Early Reading First,], programs under part A of 
                title IV, or a State-run preschool program, to 
                local elementary school programs.
                  [(H)](F) Measures to include teachers in the 
                decisions regarding the use of academic 
                assessments described in [section 
                1111(b)(3)]section 1111(a)(2) in order to 
                provide information on, and to improve, the 
                achievement of individual students and the 
                overall instructional program.
                  [(I)](G) Activities to ensure that students 
                who experience difficulty mastering the 
                [proficient or advanced levels of academic 
                achievement standards required by section 
                1111(b)(1)]on-track and advanced levels of 
                academic achievement standards required by 
                section 1111(a)(1)(A)(iv) 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)](H) * * *
          (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), in consultation with the 
                local educational agency and its school support 
                team or other technical assistance provider 
                under section 1117,]Elementary and Secondary 
                Education Reauthorization Act of 2011), in 
                consultation with the local educational agency, 
                a comprehensive plan for reforming the total 
                instructional program in the school that--
                          (i) * * *

           *       *       *       *       *       *       *

                          (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(a)(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]the Elementary and 
                                Secondary Education 
                                Reauthorization Act of 2011, 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 
                        personnel]specialized instructional 
                        support personnel, technical assistance 
                        providers, school staff, and, if the 
                        plan relates to a secondary school, 
                        students from such school;
                          (iii) * * *

           *       *       *       *       *       *       *

                          (v) if appropriate, developed in 
                        coordination with programs under 
                        [Reading First, Early Reading First, 
                        Even Start,]part A of title IV, 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 to establish or enhance 
prekindergarten programs for children below the age of 6, such 
as [Even Start programs or Early Reading First 
programs]programs under part A of title IV.

           *       *       *       *       *       *       *


SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

  (a) In General.--* * *
  (b) Eligible Children.--
          (1) Eligible population.--
                  (A) In general.--The eligible population for 
                services under this section is--
                          (i) * * *

           *       *       *       *       *       *       *

                  (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]college and career ready student 
                academic achievement 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.]including children who are at risk of 
                failing to be ready for elementary school.
          (2) Children included.--
                  (A) In general.--Children who are 
                economically disadvantaged, children with 
                disabilities, migrant children [or limited 
                English proficient children], or English 
                learners, are eligible for services under this 
                part on the same basis as other children 
                selected to receive services under this part.
                  [(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.]
                  (B) Head start or literacy programs.--A child 
                who, at any time in the 2 years preceding the 
                year for which the determination is made, 
                participated in a Head Start program, a program 
                under part A of title IV, or in preschool 
                services under this title, is eligible for 
                services under this part.

           *       *       *       *       *       *       *

  (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 the opportunity to meet the State's 
        [challenging]college and career ready student academic 
        achievement 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 to help participating children meet such 
                State's [challenging]college and career ready 
                student academic achievement standards expected 
                for all children;
                  (B) * * *
                  (C) use effective methods and instructional 
                strategies that are based on [scientifically 
                based research]scientifically valid research 
                that strengthens the core academic program of 
                the school and that--
                          (i) * * *
                          (ii) help provide an accelerated, 
                        high-quality curriculum, including 
                        applied learning; [and]
                          (iii) minimize removing children from 
                        the regular classroom during regular 
                        school hours for instruction provided 
                        under this part; and
                          (iv) may include a multi-tier system 
                        of supports and positive behavioral 
                        supports;
                  (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]programs under part A of title IV, or 
                State-run preschool programs to elementary 
                school programs;
                  (E) provide instruction by highly qualified 
                and highly rated teachers;
                  (F) in accordance with [subsection (e)(3) 
                and]section 1119, provide opportunities for 
                professional development with resources 
                provided under this part, 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;

           *       *       *       *       *       *       *

          (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]on-track and advanced 
        levels of achievement by--
                  (A) * * *
                  (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]college and career ready student 
                academic achievement 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.--* * *
          (1) * * *

           *       *       *       *       *       *       *

  (e) Special Rules.--
          (1) Simultaneous service.--* * *
          (2) Comprehensive services.--If--
                  (A) * * *
                  (B) * * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) professional development 
                        necessary to assist teachers, [pupil 
                        services personnel]specialized 
                        instructional support personnel, other 
                        staff, and parents in identifying and 
                        meeting the comprehensive needs of 
                        eligible children.

           *       *       *       *       *       *       *


[SEC. 1116. [20 U.S.C. 6316] 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. 1116. SCHOOL PERFORMANCE.

  (a) School Accountability and Improvement System.--
          (1) In general.--Each State receiving a grant under 
        this part shall, as part of the accountability system 
        required under section 1111(a)(3), establish a school 
        accountability and improvement system to differentiate 
        public elementary and secondary schools by levels of 
        performance, in accordance with subsections (b) through 
        (e), and to provide such schools with intervention, as 
        needed.
          (2) Approval and peer review of system.--
                  (A) In general.--Not later than the beginning 
                of the 2013-2014 school year, a State receiving 
                a grant under this part shall develop a school 
                accountability and improvement system that 
                includes--
                          (i) the identification of the public 
                        schools in the State that are 
                        achievement gap schools and 
                        persistently low-achieving schools, and 
                        the school improvement strategies or 
                        other consequences to be used for such 
                        schools in accordance with this 
                        section; and
                          (ii) the implementation of the State-
                        designed accountability system, as 
                        described in section 1111(a)(3).
                  (B) Review and approval.--The State shall 
                include information describing the school 
                accountability and improvement system in the 
                State plan under section 1111(b), which shall 
                be subject to peer review and approval by the 
                Secretary as part of the State plan, in 
                accordance with such section.
  (b) Achievement Gap Schools.--
          (1) Identification of achievement gap schools.--
                  (A) In general.--Each State receiving a grant 
                under this part shall define the category of 
                achievement gap schools for the State as part 
                of its State plan, and shall identify annually, 
                beginning in the 2013-2014 school year, the 
                schools in the category. A State shall include 
                in its achievement gap schools the 5 percent of 
                public high schools in the State, and the 5 
                percent of public elementary schools and 
                secondary schools in the State that are not 
                high schools, that are not identified as 
                persistently low-achieving under subsection 
                (c)(2), and that have the largest achievement 
                gap among any of the subgroups of students 
                described in subparagraph (B) or have the 
                lowest performance by students in such 
                subgroups in the State, with respect to--
                          (i) being on track to career and 
                        college readiness in the subjects 
                        included in the State accountability 
                        system under section 1111(a)(3); and
                          (ii) in the case of high schools, the 
                        graduation rate.
                  (B) Subgroups of students.--The subgroups 
                described in this subparagraph shall be 
                obtained by disaggregating students enrolled in 
                a school by each major racial and ethnic group, 
                by English proficiency status, by status as a 
                child with a disability, and by economically 
                disadvantaged status.
                  (C) Data rule.--In identifying achievement 
                gap schools under this paragraph, a State 
                shall--
                          (i) use data for the most recent year 
                        for which data are available; or
                          (ii) average data for the most recent 
                        2- to 3-year period for which data are 
                        available.
                  (D) Parental notification.--Each year, a 
                State shall provide timely notification to all 
                parents of students enrolled in each school 
                identified under subparagraph (A) that the 
                school is one of the State's achievement gap 
                schools for such year.
          (2) State and local strategies.--
                  (A) Improvement strategies.--For each 
                achievement gap school identified under 
                paragraph (1), the local educational agency 
                serving the school shall, in accordance with 
                the State accountability system described in 
                section 1111(a)(3), develop and implement a 
                measurable and data-driven correction plan to 
                improve the performance of low-achieving 
                subgroups in the school in order to close 
                achievement gaps.
                  (B) Failure to improve performance after 3 
                years.--Notwithstanding any other provision of 
                law, any local educational agency serving an 
                achievement gap school that has been identified 
                as such for a period of more than 3 consecutive 
                years shall not be eligible for any priority, 
                preference, or special consideration for any 
                grant, subgrant, or other program funded under 
                this Act.
  (c) Persistently Low-achieving Schools.--
          (1) Lowest-achieving schools in the state.--
                  (A) In general.--Each State receiving a grant 
                under this part shall, beginning in the 2013-
                2014 school year and every year thereafter, 
                determine the lowest-achieving schools in the 
                State, which shall include--
                          (i) the lowest-achieving 5 percent of 
                        public high schools, and the lowest-
                        achieving 5 percent of public 
                        elementary schools and secondary 
                        schools that are not high schools, in 
                        the State, based on--
                                  (I) student performance on 
                                the State academic assessments 
                                in reading or language arts, 
                                and mathematics, including 
                                student absolute performance 
                                and, for a State described in 
                                section 1111(b)(1)(B), growth 
                                (defined, for the purposes of 
                                this section, as the percentage 
                                of students who are on track to 
                                college and career readiness in 
                                a subject);
                                  (II) in the case of high 
                                schools, graduation rates; and
                                  (III) if the State so 
                                chooses--
                                          (aa) schoolwide 
                                        gains; and
                                          (bb) absolute student 
                                        performance and, in the 
                                        case of a State 
                                        described in section 
                                        1111(b)(1)(B), student 
                                        growth, on other 
                                        statewide assessments; 
                                        and
                          (ii) the public high schools in the 
                        State that have less than a 60 percent 
                        graduation rate.
                  (B) Data rule.--In identifying the lowest-
                achieving schools under this paragraph, a State 
                shall--
                          (i) use data for the most recent year 
                        for which data are available; or
                          (ii) average data for the most recent 
                        2- to 3-year period for which data are 
                        available.
                  (C) Parental notification.--Each year, a 
                State shall provide timely notification to all 
                parents of students enrolled in each school 
                identified under subparagraph (A) that the 
                school is one of the State's lowest-achieving 
                schools for such year.
                  (D) List of targeted low-achieving schools.--
                Each year, the State shall--
                          (i) compile a list of the schools 
                        identified under subparagraph (A) 
                        that--
                                  (I) receive assistance under 
                                this part;
                                  (II) are public high schools 
                                for which not less than 50 
                                percent of each school's 
                                students are from low-income 
                                families, as determined by the 
                                local educational agency under 
                                section 1113; or
                                  (III) are public high schools 
                                that have less than a 60 
                                percent graduation rate;
                          (ii) submit the list described in 
                        clause (i) to the Secretary;
                          (iii) distribute the list described 
                        in clause (i) to the local educational 
                        agencies, elementary schools, and 
                        secondary schools in the State; and
                          (iv) make such list publicly 
                        available, including through the 
                        Internet.
          (2) Identification as persistently low-achieving.--
                  (A) Identification.--For the 2013-2014 school 
                year, each State receiving a grant under this 
                part shall identify each school included on the 
                list under paragraph (1)(D)(i) for the 
                preceding school year as a persistently low-
                achieving school. For the 2014-2015 school 
                year, and each subsequent school year, each 
                such State shall identify each school that has 
                been included on the list under such paragraph 
                for the 2 preceding consecutive school years as 
                a persistently low-achieving school.
                  (B) 5-year period.--A school that is 
                identified by the State under subparagraph (A) 
                shall be a persistently low-achieving school 
                for the 5-year period following the school's 
                identification, except as provided in paragraph 
                (7).
          (3) State waiver.--If a State determines that all 
        schools that would otherwise be considered to be in the 
        lowest-achieving 5 percent of schools under paragraph 
        (1)(A)(i) are actually performing at a satisfactory 
        level of performance based on the measures used by the 
        State to identify persistently low-achieving schools, 
        the State may apply to the Secretary to waive the 
        requirements of this subsection.
          (4) Needs analysis.--Each local educational agency 
        receiving assistance under this part shall conduct a 
        data-driven needs analysis, which may involve an 
        external partner with expertise in conducting such 
        needs analysis, of each school identified under 
        paragraph (2) by the State to determine the most 
        appropriate school improvement strategies to improve 
        student performance. Such needs analysis shall 
        include--
                  (A) a diagnostic review of data related to 
                students and instructional staff;
                  (B) an analysis of the school governance, 
                curriculum, instruction, student supports, 
                conditions for learning, and parent and family 
                engagement practices relative to the needs of 
                the student population; and
                  (C) the resources, which may include 
                community-based supports and early childhood 
                education and care, available at the school, 
                local educational agency, and community levels 
                to meet student needs and support improved 
                student achievement and outcomes and the 
                implementation of any school improvement 
                strategy.
          (5) State and local responsibilities.--
                  (A) State responsibilities.--Each State 
                receiving a grant under this part shall ensure 
                that a local educational agency receiving 
                assistance carries out the requirements of 
                subparagraph (B) for each persistently low-
                achieving school in the State.
                  (B) Local educational agency 
                responsibilities.--Each local educational 
                agency receiving assistance under this part 
                shall, consistent with the State's 
                accountability system under section 1111(a)(3), 
                for each school identified under paragraph (2) 
                that it serves--
                          (i) establish a process for selecting 
                        an appropriate school improvement 
                        strategy for the school that uses 
                        information from the needs analysis 
                        under paragraph (4);
                          (ii) select the school improvement 
                        strategy to be used in each identified 
                        school and the timeline for 
                        implementing the selected school 
                        improvement strategy in such school;
                          (iii) develop a detailed budget 
                        covering the 5-year identification 
                        period, including planned expenditures 
                        at the school level for activities 
                        supporting full and effective 
                        implementation of the selected school 
                        improvement strategy;
                          (iv) implement a school improvement 
                        strategy at the school in accordance 
                        with the requirements of paragraph (6);
                          (v) use appropriate measures to 
                        monitor the effectiveness of the 
                        implementation;
                          (vi) review and select turnaround 
                        partners to assist in implementing 
                        school improvement strategies;
                          (vii) align other Federal, State, and 
                        local resources with the school 
                        improvement strategy;
                          (viii) provide the school with the 
                        operational flexibility, including 
                        autonomy over staffing, time, and 
                        budget, needed to enable full and 
                        effective implementation of the 
                        selected strategy, including through 
                        the modification of practices or 
                        policies, if necessary;
                          (ix) collect and use data on an 
                        ongoing basis to adjust implementation 
                        of the school improvement strategy to 
                        improve student achievement;
                          (x) provide an assurance that the 
                        implementation of the selected school 
                        improvement strategy addresses the 
                        needs of all the subgroups of students 
                        described in subsection (b)(1)(B) in 
                        the school;
                          (xi) take steps to sustain successful 
                        reforms and practices after the school 
                        is no longer identified under paragraph 
                        (2); and
                          (xii) provide technical assistance 
                        and other support to ensure effective 
                        implementation of the school 
                        improvement strategy in the school, 
                        which may include assistance in--
                                  (I) data collection and 
                                analysis;
                                  (II) recruiting and retaining 
                                staff;
                                  (III) teacher and principal 
                                evaluation;
                                  (IV) professional 
                                development;
                                  (V) parent and family 
                                engagement;
                                  (VI) coordination of services 
                                with early childhood education 
                                and care providers;
                                  (VII) coordination of 
                                services to address students' 
                                social, emotional, and health 
                                needs; and
                                  (VIII) monitoring the 
                                implementation of the school 
                                improvement strategy selected 
                                under paragraph (6).
                  (C) State as local educational agency.--A 
                State may take over a persistently low-
                achieving school and act as the local 
                educational agency for purposes of this 
                subsection, if permitted under State law.
          (6) School improvement strategies.--
                  (A) Required activities for all school 
                improvement strategies.--A local educational 
                agency implementing any strategies under this 
                paragraph for a school shall--
                          (i) provide staff at the school with 
                        ongoing professional development, 
                        consistent with the needs analysis 
                        described in paragraph (4);
                          (ii) conduct regular evaluations for 
                        the teachers and principals at the 
                        school that provide specific feedback 
                        on areas of strength and in need of 
                        improvement;
                          (iii) provide time for collaboration 
                        among instructional staff at the school 
                        to improve student achievement;
                          (iv) provide instructional staff at 
                        the school with timely access to 
                        student data to inform instruction and 
                        meet the academic needs of individual 
                        students, which may include, in 
                        elementary school, school readiness 
                        data;
                          (v) collaborate with parents, the 
                        community, teachers, and other school 
                        personnel at the school on the 
                        selection and implementation of the 
                        strategy;
                          (vi) use data to identify and 
                        implement a research-based 
                        instructional program that--
                                  (I) analyzes student progress 
                                and performance and develops 
                                appropriate interventions for 
                                students who are not making 
                                adequate progress; and
                                  (II) provides differentiated 
                                instruction and related 
                                instructional supports;
                          (vii) in the case of an elementary 
                        school with kindergarten entry, 
                        consider the issue of school readiness 
                        in such school by--
                                  (I) examining factors that 
                                contribute to school readiness 
                                as part of the needs analysis 
                                conducted under paragraph (4); 
                                and
                                  (II) if school readiness is 
                                identified in the needs 
                                analysis as an area in need of 
                                improvement--
                                          (aa) coordinating 
                                        with appropriate early 
                                        childhood programs, 
                                        such as programs under 
                                        the Child Care 
                                        Development and Block 
                                        Grant Act of 1990, the 
                                        Head Start Act, 
                                        prekindergarten 
                                        programs, and other 
                                        similar Federal, State, 
                                        and local programs, in 
                                        order to align 
                                        instruction to better 
                                        prepare students for 
                                        elementary school; and
                                          (bb) developing a 
                                        plan to improve or 
                                        expand early childhood 
                                        options which may 
                                        include the use of 
                                        funds under this part 
                                        for such purposes;
                          (viii) provide ongoing mechanisms for 
                        parent and family engagement; and
                          (ix) provide appropriate services and 
                        supports for students as identified in 
                        the school's needs analysis.
                  (B) Strategies.--A local educational agency 
                shall identify a school improvement strategy 
                for a school described in paragraph (5)(A) from 
                among the following strategies:
                          (i) Transformation strategy.--A local 
                        educational agency implementing a 
                        transformation strategy in a school 
                        shall--
                                  (I) replace the principal, if 
                                the principal has served in 
                                that role at the school for 
                                more than 2 years, with a 
                                principal who has--
                                          (aa) a demonstrated 
                                        record of success in 
                                        increasing student 
                                        achievement;
                                          (bb) training or 
                                        experience in raising 
                                        student achievement; or
                                          (cc) training or 
                                        experience in turning 
                                        around low-performing 
                                        schools;
                                  (II) require existing 
                                instructional staff and school 
                                leadership to reapply for their 
                                positions; and
                                  (III) require that all 
                                instructional staff and school 
                                leadership hiring be done at 
                                the school through mutual 
                                consent.
                          (ii) Strategic staffing strategy.--A 
                        local educational agency implementing a 
                        strategic staffing initiative as a 
                        strategy for a school shall--
                                  (I) replace the principal, if 
                                the principal has served in 
                                that role at the school for 
                                more than 2 years, with a 
                                principal who has the 
                                demonstrated record of success, 
                                training, or experience 
                                described in clause (i)(I);
                                  (II) require that the 
                                principal be allowed to staff 
                                the school with a school 
                                turnaround team of the 
                                principal's choosing from among 
                                individuals with a demonstrated 
                                record of success in increasing 
                                student achievement, which team 
                                shall include key leadership 
                                positions in the school and--
                                          (aa) in the case of a 
                                        school that is an 
                                        elementary school, not 
                                        more than 5 teachers; 
                                        or
                                          (bb) in the case of a 
                                        school that is a 
                                        secondary school, not 
                                        more than 20 teachers; 
                                        and
                                  (III) provide incentives to 
                                the principal and teachers to 
                                participate in the initiative.
                          (iii) Turnaround strategy.--A local 
                        educational agency implementing a 
                        turnaround model as a strategy for a 
                        school shall--
                                  (I) replace the principal, if 
                                the principal has served in 
                                that role at the school for 
                                more than 2 years, with a 
                                principal who has the 
                                demonstrated record of success, 
                                training, or experience 
                                described in clause (i)(I); and
                                  (II) screen all teachers in 
                                the school and retain not more 
                                than 65 percent of them.
                          (iv) Whole school reform strategy.--A 
                        local educational agency implementing a 
                        whole school reform strategy for a 
                        school shall implement an evidence-
                        based strategy that ensures whole 
                        school reform. The strategy shall be 
                        undertaken in partnership with a 
                        strategy developer offering a school 
                        reform program that is based on at 
                        least a moderate level of evidence that 
                        the program will have a statistically 
                        significant effect on student outcomes, 
                        including more than 1 well-designed or 
                        well-implemented experimental or quasi-
                        experimental study.
                          (v) Restart strategy.--A local 
                        educational agency implementing a 
                        restart strategy in a school shall 
                        carry out the following:
                                  (I)(aa) Convert the school 
                                into a public charter school, 
                                or close and reopen the school 
                                as a public charter school in 
                                partnership with a nonprofit 
                                charter school operator, a 
                                nonprofit charter management 
                                organization, or a nonprofit 
                                education management 
                                organization, that has a 
                                demonstrated record of 
                                improving student achievement 
                                for students similar to those 
                                served by the school; or
                                  (bb) convert the school to a 
                                magnet school or create a new, 
                                innovative school, as defined 
                                by the State.
                                  (II) Ensure that the new 
                                school--
                                          (aa) serves the grade 
                                        levels as the original 
                                        school for which the 
                                        strategy is being 
                                        implemented; and
                                          (bb) enrolls any 
                                        former student of the 
                                        original school who 
                                        requests to attend the 
                                        school and then, after 
                                        all such students are 
                                        enrolled, admits 
                                        additional students, 
                                        using a random lottery 
                                        system if more students 
                                        apply for admission 
                                        than can be 
                                        accommodated.
                          (vi) School closure strategy.--A 
                        local educational agency implementing a 
                        school closure strategy for a school--
                                  (I) shall close the school 
                                and enroll the students who 
                                attended the school in other 
                                schools, including charter 
                                schools, served by the local 
                                educational agency that are 
                                within reasonable proximity to 
                                the closed school, as 
                                determined by the local 
                                educational agency, and that 
                                are higher-performing than the 
                                school that is being closed;
                                  (II) shall provide 
                                transportation, or shall pay 
                                for the provision of 
                                transportation, for each such 
                                student to the student's new 
                                school, consistent with State 
                                law and local educational 
                                agency policy;
                                  (III) shall provide 
                                information about high-quality 
                                educational options, as well as 
                                transition and support services 
                                to students, who attended the 
                                closed school and the students' 
                                parents; and
                                  (IV) may use school 
                                improvement funds provided 
                                under subsection (d) to pay for 
                                the expenses of--
                                          (aa) transitioning 
                                        students from the 
                                        school that is being 
                                        closed to the new 
                                        school;
                                          (bb) supporting the 
                                        new school; and
                                          (cc) expanding and 
                                        offering student 
                                        supports and services 
                                        within the new school, 
                                        which may include high-
                                        quality prekindergarten 
                                        programs and services.
                  (C) Flexibility.--
                          (i) Flexibility for certain local 
                        educational agencies.--Notwithstanding 
                        any other provision of this paragraph--
                                  (I) a local educational 
                                agency that is eligible for 
                                services under subpart 1 or 2 
                                of part B of title VI, as 
                                determined by the Secretary, 
                                may modify not more than 1 of 
                                the elements or activities 
                                required under subparagraph (A) 
                                of a school improvement 
                                strategy selected for a school 
                                described in paragraph (5)(A), 
                                in order to better meet the 
                                needs of students in such 
                                school; and
                                  (II) a State educational 
                                agency may apply to the 
                                Secretary for a waiver of 
                                clauses (i)(I), (ii)(I), and 
                                (iii)(I) of subparagraph (B).
                          (ii) State flexibility.--
                                  (I) In general.--
                                Notwithstanding any other 
                                provision of this paragraph, a 
                                State educational agency may, 
                                with the approval of the 
                                Secretary, establish an 
                                alternative State-determined 
                                school improvement strategy 
                                that may be used by local 
                                educational agencies in 
                                addition to the strategies 
                                described in subparagraph (B).
                                  (II) Exception for required 
                                activities.--A local 
                                educational agency implementing 
                                an approved alternative State-
                                determined school improvement 
                                strategy in accordance with 
                                this subparagraph shall not be 
                                required to implement the 
                                activities described in 
                                subparagraph (A).
                  (D) Public school choice.--
                          (i) In general.--In addition to the 
                        requirements of subparagraph (A) and 
                        the school improvement strategy 
                        determined under subparagraph (B) or 
                        (C)(ii), a local educational agency 
                        shall, not later than 3 months before 
                        the first day of the school year 
                        following identification under 
                        paragraph (2), provide all students 
                        enrolled in the identified school with 
                        the option to transfer to another 
                        public school served by the local 
                        educational agency that has not been 
                        identified under such paragraph, unless 
                        such an option is prohibited by State 
                        law.
                          (ii) Priority.--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 the 
                        purposes of allocating funds to schools 
                        under section 1113(a)(3).
                          (iii) Treatment.--Students who use 
                        the option to transfer to another 
                        public school 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.
                          (iv) Special rule.--A local 
                        educational agency shall permit a child 
                        who transfers to another public school 
                        under this subparagraph to remain in 
                        that school until the child has 
                        completed the highest grade in such 
                        school.
          (7) Improvement.--If, at any time during the 5-year 
        period for which a school is identified as a 
        persistently low-achieving school under paragraph (2), 
        the State determines, based on the most current data, 
        that the school has improved and is no longer one of 
        the State's persistently low-achieving schools, then--
                  (A) the State educational agency shall no 
                longer identify the school as a persistently 
                low-achieving school for any remainder of the 
                5-year period; and
                  (B) if an eligible entity, as defined in 
                subsection (d)(1), was receiving school 
                improvement funds under subsection (d) for such 
                school, the eligible entity shall continue to 
                receive such grant funds as are necessary, and 
                use such funds to carry out the grant 
                activities in such school, for the full period 
                of such grant.
          (8) Repeated classification as persistently low-
        achieving.--For each public school that is identified 
        under paragraph (2) for any portion of a 5-year period 
        and that is re-identified under such paragraph for the 
        subsequent time period, the local educational agency 
        shall carry out the requirements of this subsection for 
        such subsequent period by implementing, with respect to 
        such school, the restart strategy or school closure 
        strategy under clause (v) or (vi) of paragraph (6)(B).
  (d) School Improvement Funds.--
          (1) Definitions.--In this subsection:
                  (A) Eligible entity.--the term ``eligible 
                entity'' means--
                          (i) a State educational agency;
                          (ii) a local educational agency that 
                        receives funds under this part and 
                        serves at least 1 eligible school;
                          (iii) a consortium of such local 
                        educational agencies; or
                          (iv) an educational service agency 
                        that serves at least 1 local 
                        educational agency described in clause 
                        (ii).
                  (B) Eligible school.--The term ``eligible 
                school'' means a school identified under 
                subsection (b) or paragraph (1) or (2) of 
                subsection (c).
          (2) Allotments to states.--
                  (A) In general.--From the funds made 
                available to carry out this subsection under 
                section 3(a)(2) for a fiscal year, the 
                Secretary shall provide States that submit an 
                application described in paragraph (3) with 
                school improvement funds through an allotment, 
                as determined under subparagraph (B) and in 
                addition to the amounts made available to 
                States under subpart 2, to enable the States to 
                award subgrants and carry out the activities 
                described in this subsection to assist eligible 
                schools.
                  (B) Allotments to states.--From the funds 
                made available to carry out this subsection 
                under section 3(a)(2) for a fiscal year, the 
                Secretary shall allot to each State with an 
                approved application an amount that bears the 
                same relation to such funds as the amount that 
                the State received under subpart 2 for the 
                preceding fiscal year bears to the amount that 
                all States receive under such subpart for such 
                fiscal year.
          (3) State application.--A State that desires to 
        receive school improvement funds 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 require. Each 
        application shall include a description of--
                  (A) the process and the criteria that the 
                State will use to award subgrants under 
                paragraph (5)(A)(i);
                  (B) the process and the criteria the State 
                will use to determine whether the eligible 
                entity's proposal for each eligible school 
                meets the requirements of subparagraphs (B) and 
                (C) of paragraph (5), and paragraphs (4) and 
                (6), of subsection (c);
                  (C) how the State will ensure geographic 
                diversity in making subgrants;
                  (D) how the State will set priorities in 
                awarding subgrants to eligible entities 
                approved to serve schools identified under 
                subsection (b), if funds are available to do 
                so;
                  (E) how the State will monitor and evaluate 
                the implementation of school improvement 
                strategies by eligible entities, including how 
                the State will use the results of the 
                evaluation to improve State strategies for 
                supporting schools identified under subsection 
                (b) or (c); and
                  (F) how the State will reduce barriers for 
                schools in the implementation of school 
                improvement strategies, including operational 
                flexibility that would enable complete 
                implementation of the selected school 
                improvement strategy.
          (4) State administration and technical assistance.--A 
        State that receives an allotment under this subsection 
        may reserve not more than a total of 5 percent of such 
        allotment for the administration of this subsection, 
        which may include activities aimed at building State 
        capacity to support the local educational agency and 
        school improvement, such as providing technical 
        assistance and other support (including regular site 
        visits to monitor implementation of selected school 
        improvement strategies to eligible entities serving 
        schools identified under subsection (c)(2)), either 
        directly or through educational service agencies or 
        other public or private organizations.
          (5) School improvement activities.--
                  (A) In general.--A State that receives school 
                improvement funds under this subsection shall 
                use not less than 95 percent of such allotment 
                to carry out school improvement activities for 
                eligible schools by--
                          (i) awarding subgrants, on a 
                        competitive basis, to eligible entities 
                        to enable the eligible entities to 
                        carry out the activities described in 
                        subparagraph (D) for eligible schools; 
                        or
                          (ii) if the State chooses and the 
                        local educational agency serving an 
                        eligible school agrees, directly 
                        providing the activities described in 
                        clauses (i) through (iii) of 
                        subparagraph (D) to the eligible school 
                        and the local educational agency, or 
                        arranging for other entities, such as 
                        school support teams or educational 
                        service agencies, to provide such 
                        activities to the school.
                  (B) Priority.--In distributing grant funds 
                under this paragraph, a State shall assist the 
                schools identified under paragraph (1) or (2) 
                of subsection (c), including such schools that 
                have improved as provided for in subsection 
                (c)(7), in the State before assisting eligible 
                schools that are identified under subsection 
                (b).
                  (C) Subgrants.--
                          (i) Applications.--An eligible entity 
                        that desires a subgrant under this 
                        paragraph shall submit an application 
                        to the State at such time, in such 
                        manner, and including such information 
                        as the State shall require. The 
                        application shall include a description 
                        of how the eligible entity will carry 
                        out the requirements of subparagraphs 
                        (B) and (C) of paragraph (5), and 
                        paragraphs (4) and (6), for each 
                        eligible school to be served by the 
                        grant.
                          (ii) Demonstration of additional 
                        responsibilities.--Each eligible entity 
                        that desires a subgrant under this 
                        paragraph shall demonstrate in its 
                        application that the eligible entity 
                        has--
                                  (I) adopted human resource 
                                policies that prioritize the 
                                recruitment, retention, and 
                                placement of effective staff in 
                                eligible schools;
                                  (II) ensured that eligible 
                                schools have access to 
                                resources to implement the 
                                school improvement strategies 
                                described in subsection (c)(6), 
                                such as facilities, 
                                professional development, and 
                                technology;
                                  (III) identified 
                                opportunities to reduce 
                                duplication, increase 
                                efficiency, and assist eligible 
                                schools in complying with 
                                reporting requirements of State 
                                and Federal programs;
                                  (IV) developed an early 
                                warning indicator system that 
                                monitors school-level data, and 
                                alerts the eligible school when 
                                a student indicates slowed 
                                progress toward high school 
                                graduation, so that the school 
                                can provide appropriate student 
                                interventions; and
                                  (V) facilitated alignment and 
                                coordination between early 
                                childhood education and care 
                                programs and services serving 
                                students who will attend 
                                eligible schools that are 
                                elementary schools, and 
                                teachers and principals of such 
                                eligible schools.
                          (iii) Subgrant size.--A State shall 
                        award subgrants under this paragraph of 
                        sufficient size to enable subgrant 
                        recipients to fully and effectively 
                        implement the selected school 
                        improvement strategies.
                          (iv) Subgrant period.--Each subgrant 
                        awarded under this paragraph shall be 
                        for a 5-year period.
                          (v) Withholding final funding.--In 
                        order for a State to award subgrant 
                        funds to an eligible entity for the 
                        final 2 years of the subgrant cycle, 
                        the eligible entity shall demonstrate 
                        that the schools receiving funds under 
                        this paragraph have made significant 
                        progress on the leading indicators.
                  (D) Use of subgrant funds.--An eligible 
                entity that receives a subgrant under this 
                paragraph shall use the subgrant funds to--
                          (i) carry out the requirements of 
                        subparagraphs (B) and (C) of paragraph 
                        (5), and paragraphs (4) and (6), in an 
                        eligible school that has been 
                        identified under subsection (c)(2) as 
                        of the date of the grant award, which 
                        may include a maximum 1-year planning 
                        period;
                          (ii) if all eligible schools 
                        identified under subsection (c)(2) in 
                        the State have received funds under 
                        this subsection, apply, and carry out, 
                        the requirements of subparagraphs (B) 
                        and (C) of paragraph (5), and 
                        paragraphs (4) and (6), at other 
                        eligible schools as if such schools had 
                        been identified under subsection 
                        (c)(2);
                          (iii) carry out activities at the 
                        local educational agency level that 
                        directly support such implementation, 
                        such as--
                                  (I) assistance in data 
                                collection and analysis;
                                  (II) recruiting and retaining 
                                staff;
                                  (III) teacher and principal 
                                evaluation;
                                  (IV) professional 
                                development;
                                  (V) coordination of services 
                                to address students' social, 
                                emotional, and health needs; 
                                and
                                  (VI) progress monitoring.
                  (E) Supplement, not supplant.--An eligible 
                entity or State shall use Federal funds 
                received under this subsection 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 funded under this 
                subsection.
                  (F) Intervention by state.--In the case of a 
                State educational agency that has taken over a 
                school or local educational agency, the State 
                may use an amount of funds under this 
                subsection similar to the amount that the 
                school or local educational agency would 
                receive, under this subsection, in order to 
                carry out the activities described in clauses 
                (i) through (iii) of subparagraph (D) for the 
                school and local educational agency, either 
                directly or through an eligible entity 
                designated by the State educational agency.
          (6) National activities.--From amounts appropriated 
        and reserved for this paragraph under section 
        3(a)(2)(B), the Secretary shall carry out the following 
        national activities:
                  (A) Activities focused on building State and 
                local educational agency capacity to turn 
                around schools identified under subsection 
                (c)(2) and schools in rural areas through 
                activities such as--
                          (i) identifying and disseminating 
                        effective school improvement 
                        strategies, including in rural areas;
                          (ii) making available targeted 
                        technical assistance, including 
                        planning and implementation tools; and
                          (iii) expanding the availability of 
                        turnaround partners capable of 
                        assisting in turning around schools 
                        identified under subsection (c)(2), 
                        including in rural areas.
                  (B) Activities focused on building capacity 
                to turn around schools identified under 
                subsection (c)(2), including in rural areas.
                  (C) The use of data, research, and evaluation 
                to--
                          (i) identify schools that are 
                        implementing school improvement 
                        strategies effectively;
                          (ii) identify effective school 
                        improvement strategies; and
                          (iii) collect and disseminate that 
                        information to States and local 
                        educational agencies in a manner that 
                        facilitates replication of effective 
                        practices.
                  (D) Other activities designed to support 
                State and local efforts to improve eligible 
                schools.
          (7) Evaluation.--The Director of the Institute of 
        Education Sciences shall conduct an evaluation of the 
        programs carried out under this subsection.
  (e) State Responsibilities.--Consistent with section 
1111(a)(3)(A)(iv), a State educational agency receiving 
assistance under this part shall provide support for the 
improvement of all schools that are not identified under 
subsection (b) or (c)(2) but are low-performing or have low-
performing subgroups of students described in subsection 
(b)(1)(B).
  (f) 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.

[SEC. 1117. [20 U.S.C. 6317] 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. 1117. BLUE RIBBON SCHOOLS.

  (a) Program Purpose.--It is the purpose of this section to 
assist States and local educational agencies in identifying and 
rewarding high-performing public schools.
  (b) Blue Ribbon Schools.--
          (1) Identification of blue ribbon schools.--Each 
        State receiving a grant under this part may--
                  (A) define the category of blue ribbon 
                schools, consistent with paragraph (2), for the 
                State as part of its State plan in section 
                1111(b); and
                  (B) identify, for each school year, the 
                schools in the State that are blue ribbon 
                schools for such year.
          (2) Blue ribbon school criteria.--
                  (A) In general.--If a State elects to carry 
                out this subsection, the State's blue ribbon 
                schools shall consist of the top 5 percent of 
                the State's public elementary schools and 
                secondary schools, as designated by the State 
                based on--
                          (i) the percentage of students who 
                        are on track to college and career 
                        readiness for English or language arts, 
                        and mathematics;
                          (ii) in the case of high schools, the 
                        school's graduation rates;
                          (iii) the performance of each 
                        category of students described in 
                        section 1116(b)(1)(B);
                          (iv) if the State chooses to measure 
                        student growth in accordance with 
                        section 1111(b)(1)(B), the percentage 
                        of students attaining growth in 
                        accordance with clauses (i) and (ii) of 
                        such section; and
                          (v) school gains.
                  (B) Noneligibility for blue ribbon status.--A 
                school identified under subsection (b) or 
                (c)(2) of section 1116 for a year shall not be 
                eligible for blue ribbon school status for the 
                same year.
  (c) Rewards for Blue Ribbon Schools.--
          (1) In general.--Each State that defines and 
        identifies blue ribbon schools under subsection (b)(1) 
        for a school year may--
                  (A) provide each blue ribbon school in the 
                State with increased autonomy over the school's 
                budget, staffing, and time;
                  (B) allow each blue ribbon school to have 
                flexibility in the use of any funds provided to 
                the school under this Act for any purpose 
                allowed under this Act (notwithstanding any 
                other provision of this Act), as long as such 
                use is consistent with the Civil Rights Act of 
                1964, title IX of the Education Amendments of 
                1972, section 504 of the Rehabilitation Act of 
                1973, the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101), and part B of the 
                Individuals with Disabilities Education Act; 
                and
                  (C) reserve not more than .5 percent of the 
                funds allotted to the State under subpart 2 and 
                use such reserved amounts to distribute 
                rewards, on a competitive basis, to local 
                educational agencies that serve 1 or more blue 
                ribbon schools identified under subsection (b) 
                that receive funds under subpart 2 to enable 
                the local educational agencies to provide 
                awards to such blue ribbon schools that receive 
                funds under such subpart.
          (2) Use of rewards.--As a condition of receiving an 
        award from a local educational agency under this 
        subsection, a blue ribbon school shall agree to use the 
        award funds to--
                  (A) improve student achievement; and
                  (B) provide technical assistance to the 
                lowest-achieving schools in the State that have 
                characteristics similar to the blue ribbon 
                school, in accordance with the State plan under 
                section 1111(b)(1)(F).

[SEC. 1118. [20 U.S.C. 6318] PARENTAL INVOLVEMENT.]

  [(a) Local Educational Agency Policy.--
          [(1) In general.--A local educational agency may 
        receive funds under this part only if such agency 
        implements programs, activities, and procedures for the 
        involvement of parents in programs assisted under this 
        part 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 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;
                  [(B) provide the coordination, technical 
                assistance, and other support necessary to 
                assist participating schools in planning and 
                implementing effective parent involvement 
                activities to improve student academic 
                achievement and school performance;
                  [(C) build the schools' and parents' capacity 
                for strong parental involvement as described in 
                subsection (e);
                  [(D) coordinate and integrate parental 
                involvement strategies under this part 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, 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.
          [(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 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 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 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.
  [(b) School Parental Involvement Policy.--
          [(1) In general.--Each school served under this part 
        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.
          [(2) Special rule.--If the school has a parental 
        involvement policy that applies to all parents, such 
        school may amend that policy, if necessary, to meet the 
        requirements of this subsection.
          [(3) Amendment.--If the local educational agency 
        involved has a school district-level parental 
        involvement policy that applies to all parents, such 
        agency may amend that policy, if necessary, to meet the 
        requirements of this subsection.
          [(4) Parental comments.--If the plan under section 
        1112 is not satisfactory to the parents of 
        participating children, the local educational agency 
        shall submit any parent comments with such plan when 
        such local educational agency submits the plan to the 
        State.
  [(c) Policy Involvement.--Each school served under this part 
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 and to 
        explain the requirements of this part, 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, 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, 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;
                  [(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
                  [(C) if requested by parents, opportunities 
                for regular meetings to formulate suggestions 
                and to participate, as appropriate, in 
                decisions relating to the education of their 
                children, and respond to any such suggestions 
                as soon as practicably possible; and
          [(5) if the schoolwide program plan under section 
        1114(b)(2) is not satisfactory to the parents of 
        participating children, submit any parent comments on 
        the plan when the school makes the plan available to 
        the local educational agency.
  [(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 shall jointly develop with parents for 
all children served under this part 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 to meet the State's 
        student academic achievement 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
          [(2) address the importance of communication between 
        teachers and parents on an ongoing basis through, at a 
        minimum--
                  [(A) parent-teacher conferences in elementary 
                schools, at least annually, during which the 
                compact shall be discussed as the compact 
                relates to the individual child's achievement;
                  [(B) frequent reports to parents on their 
                children's progress; and
                  [(C) reasonable access to staff, 
                opportunities to volunteer and participate in 
                their child's class, and observation of 
                classroom activities.
  [(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--
          [(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 and local 
        academic assessments, the requirements of this part, 
        and how to monitor a child's progress and work with 
        educators to improve the achievement of their children;
          [(2) shall provide materials and training to help 
        parents to work with their children to improve their 
        children's achievement, such as literacy training and 
        using technology, as appropriate, to foster parental 
        involvement;
          [(3) shall educate teachers, pupil services 
        personnel, principals, 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 
        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;
          [(5) shall ensure that information related to school 
        and parent programs, meetings, and other activities is 
        sent to the parents of participating children in a 
        format and, to the extent practicable, in a language 
        the parents can understand;
          [(6) may involve parents in the development of 
        training for teachers, principals, and other educators 
        to improve the effectiveness of such training;
          [(7) may provide necessary literacy training from 
        funds received under this part if the local educational 
        agency has exhausted all other reasonably available 
        sources of funding for such training;
          [(8) may pay reasonable and necessary expenses 
        associated with local parental involvement activities, 
        including transportation and child care costs, to 
        enable parents to participate in school-related 
        meetings and training sessions;
          [(9) may train parents to enhance the involvement of 
        other parents;
          [(10) may arrange school meetings at a variety of 
        times, or conduct in-home conferences between teachers 
        or other educators, who work directly with 
        participating children, with parents who are unable to 
        attend such conferences at school, in order to maximize 
        parental involvement and participation;
          [(11) may adopt and implement model approaches to 
        improving parental involvement;
          [(12) may establish a districtwide parent advisory 
        council to provide advice on all matters related to 
        parental involvement in programs supported under this 
        section;
          [(13) may develop appropriate roles for community-
        based organizations and businesses in parent 
        involvement activities; and
          [(14) shall provide such other reasonable support for 
        parental involvement activities under this section as 
        parents may request.
  [(f) Accessibility.--In carrying out the parental involvement 
requirements of this part, 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.
  [(h) Review.--The State educational agency shall review the 
local educational agency's parental involvement policies and 
practices to determine if the policies and practices meet the 
requirements of this section.]

SEC. 1118. PARENT AND FAMILY ENGAGEMENT.

  (a) Local Educational Agency Parent and Family Engagement 
Plan.--
          (1) In general.--A local educational agency may 
        receive funds under this part only if such agency 
        develops and implements a strategic, evidence-based 
        plan to support meaningful engagement of parents and 
        family members in education (referred to in this 
        section as the ``parent and family engagement plan''). 
        Such plan shall be aligned through incorporation into 
        the local educational agency's plan developed under 
        section 1112 and shall include strategies (especially 
        in high-need schools) that are planned and implemented 
        in meaningful consultation with--
                  (A) parents and family members of 
                participating children, including districtwide 
                parent advisory committees, where applicable;
                  (B) to the greatest extent practicable, 
                individuals with expertise in effectively 
                engaging parents and family members in 
                education; and
                  (C) organizations that have a demonstrated 
                record of effectiveness in assisting students 
                in becoming college and career ready.
          (2) Consultation and dissemination.--Each local 
        educational agency that receives funds under this part 
        shall--
                  (A) develop and implement the parent and 
                family engagement plan jointly with parents and 
                family members of participating children and, 
                where applicable, with a districtwide parent 
                advisory committee; and
                  (B) develop a template for schools to use in 
                communicating--
                          (i) parent and family engagement 
                        strategies; and
                          (ii) the content of the compact 
                        described in subsection (e).
          (3) Contents of the local educational agency parent 
        and family engagement plan.--
                  (A) Required elements.--The parent and family 
                engagement plan shall--
                          (i) establish the local educational 
                        agency's expectations for, and 
                        commitment to support, meaningful 
                        engagement strategies;
                          (ii) describe the process through 
                        which the local educational agency will 
                        equip parents and family members, with 
                        particular attention to economically 
                        disadvantaged parents and family 
                        members, to--
                                  (I) act in partnership with 
                                school personnel to improve the 
                                academic achievement and 
                                development of their children;
                                  (II) participate in school 
                                improvement strategies; and
                                  (III) communicate effectively 
                                with educators and 
                                administrators, such as through 
                                the establishment of a 
                                districtwide parent advisory 
                                committee, if such committee 
                                does not already exist;
                          (iii) describe how the local 
                        educational agency will provide the 
                        coordination, technical assistance, and 
                        other support necessary to assist 
                        participating schools in planning and 
                        implementing effective parent and 
                        family engagement strategies, such as--
                                  (I) making facilities of the 
                                local educational agency 
                                available, as appropriate; and
                                  (II) utilizing the expertise 
                                of, and developing strategies 
                                with, organizations that have a 
                                demonstrated record of success 
                                in supporting parent and family 
                                engagement;
                          (iv) describe how the local 
                        educational agency will use data 
                        (including data collected through the 
                        evaluation described in subsection (b), 
                        a conditions for learning measurement 
                        system as described in section 4404(g), 
                        and surveys of parent and family 
                        engagement) to continuously improve and 
                        increase engagement strategies; and
                          (v) describe how the local 
                        educational agency will involve parents 
                        in the development of the plan 
                        described in section 1112.
                  (B) Optional elements.--The parent and family 
                engagement plan may include, in addition to the 
                requirements described in subparagraph (A), a 
                description of how the local educational agency 
                plans to involve employers, business leaders, 
                philanthropic and nonprofit organizations, and 
                other community members committed to improving 
                student achievement and development in order to 
                increase and strengthen parent and family 
                engagement, as well as how the local 
                educational agency will coordinate with parent 
                and family information and resource centers 
                established under part G of title IV.
  (b) Evaluation.--The local educational agency shall conduct, 
with the involvement of parents and family members, an annual 
evaluation of the effectiveness of the parent and family 
engagement plan in--
          (1) improving student academic achievement and 
        development;
          (2) improving the college and career readiness of 
        children; and
          (3) reducing barriers to greater participation in the 
        activities described in this section by parents and 
        family members, with particular attention to parents 
        and family members who are economically disadvantaged.
  (c) Reservation and Use of Funds.--
          (1) In general.--Each local educational agency shall 
        reserve not less than 1 percent of such agency's 
        allocation under subpart 2 to carry out the activities 
        described in this section.
          (2) Exception.--The reservation requirement under 
        paragraph (1) shall not apply if 1 percent of the local 
        educational agency's allocation under subpart 2 for the 
        fiscal year for which the determination is made is 
        equal to or less than $5,000.
          (3) Use of funds.--Funds reserved under paragraph (1) 
        may be used to carry out systemic, evidence-based 
        parent and family engagement strategies, consistent 
        with the local educational agency parent and family 
        engagement plan described in subsection (a), such as 
        the following:
                  (A) Designating or establishing a dedicated 
                office or dedicated personnel for parent and 
                family engagement.
                  (B) Providing subgrants to schools working in 
                partnership with an organization with a 
                demonstrated record of success in improving and 
                increasing parent and family engagement.
                  (C) Professional development for school 
                personnel regarding parent and family 
                engagement strategies, which may be provided 
                jointly to teachers, school leaders, and 
                parents and family members.
                  (D) Districtwide or school-based leadership 
                training for parents and family members and 
                other evidence-based leadership development 
                strategies.
                  (E) Adult education and literacy activities, 
                as defined in section 203 of the Adult 
                Education and Family Literacy Act.
                  (F) Home visitation programs.
                  (G) Volunteerism programs.
                  (H) Other evidence-based or promising 
                strategies for improving and increasing parent 
                and family engagement, which may include family 
                and student supports, as defined in section 
                4603.
                  (I) Conducting the evaluation described in 
                subsection (b).
                  (J) Disseminating information on best 
                practices (such as implementation, replication, 
                impact studies, and evaluations) focused on 
                parent and family engagement, especially best 
                practices for increasing the engagement of 
                economically disadvantaged parents and family 
                members.
                  (K) Coordinating parent and family engagement 
                strategies conducted by the local educational 
                agency and schools within the local educational 
                agency with local early learning programs, 
                career and technical education programs, and 
                postsecondary education programs.
          (4) Distribution of funds.--
                  (A) In general.--Not less than 95 percent of 
                the funds reserved under this subsection shall 
                be distributed to schools served under this 
                part.
                  (B) Priority.--In allocating the funds 
                described in subparagraph (A), each local 
                educational agency shall give priority to high-
                need schools.
                  (C) Districtwide activities.--Funds used to 
                implement leadership training for parents and 
                family members or other districtwide parent and 
                family engagement initiatives with a 
                demonstrated record of effectiveness that may 
                be cost effective and that directly benefit 
                parents and family members, may be considered 
                funds distributed to schools.
  (d) Family Member Engagement.--Each school served under this 
part shall--
          (1) regularly convene, at not less than 1 time during 
        each academic year, a meeting at a convenient time, to 
        which parents and family members of participating 
        children shall be invited and encouraged to attend, in 
        order to--
                  (A) review the parent and family engagement 
                compact described in subsection (e);
                  (B) inform parents and family members of 
                opportunities for engagement in their child's 
                education; and
                  (C) explain to parents and family members the 
                right of the parents and family members to be 
                involved, and the benefits of meaningful 
                engagement;
          (2) use multiple methods to involve and collaborate 
        with parents and family members (in an organized, 
        ongoing, and timely way, including through electronic 
        means) in the planning, development, review, 
        implementation, and improvement of school improvement 
        plans and strategies, including in developing the 
        schoolwide program plan under section 1114(b)(2) or a 
        similar school improvement plan;
          (3) at a minimum, provide parents and family members 
        with--
                  (A) opportunities to develop the knowledge 
                and skills to engage as full partners in 
                supporting academic achievement, child 
                development, and school improvement;
                  (B) a description and explanation of the 
                forms of academic assessment used to measure 
                student progress, the proficiency levels 
                students are expected to meet, and 
                opportunities to promote learning and college 
                and career readiness during out-of-school time;
                  (C) opportunities to develop leadership 
                skills and to engage school and local 
                educational agency staff in decisions relative 
                to the education of their children; and
                  (D) opportunities to increase their ability 
                to engage effectively with educators and 
                administrators in formal and structured 
                settings, such as parent-teacher conferences, 
                individualized education program team meetings, 
                local educational agency meetings, disciplinary 
                hearings, and the school budgeting process;
          (4) make the school safe and welcoming to parents and 
        family members;
          (5) provide professional development and other 
        evidence-based support to school staff regarding 
        effective parent and family engagement;
          (6) collaborate with community-based organizations, 
        employers, or other entities to accomplish the purposes 
        of this section;
          (7) to the extent feasible and appropriate, 
        coordinate and integrate parent and family engagement 
        programs and strategies with other Federal, State, and 
        local programs; and
          (8) provide such other support for parent and family 
        engagement strategies under this section as parents and 
        family members may request, to the extent practicable.
  (e) Shared Responsibilities for College and Career 
Readiness.--Each school served under this part shall jointly 
develop with parents and family members, for all children 
served under this part, a parent and family engagement compact. 
Such compact shall--
          (1) describe the activities the school will take in 
        accordance with subsection (d);
          (2) describe the school's responsibility to--
                  (A) provide a rigorous curriculum and 
                effective instruction in a supportive, safe, 
                and healthy learning environment;
                  (B) inform parents and family members (with 
                attention to economically disadvantaged parents 
                and family members) of opportunities to 
                participate in school improvement or governance 
                councils, engage in the development of 
                discipline and suspension and other school 
                policies, and access the parent and family 
                information and resource centers established 
                under part G of title IV; and
                  (C) to the greatest extent practicable--
                          (i) communicate with parents and 
                        family members when children are 
                        chronically absent from school, when 
                        children are suspended or expelled, or 
                        when children drop out of school, which 
                        may include through home visits;
                          (ii) refer parents and family members 
                        to adult education and literacy 
                        activities, social services, or other 
                        programs and services designed to 
                        support parent and family engagement; 
                        and
                          (iii) offer evidence-based mentoring 
                        programs to students;
          (3) describe the responsibilities of parents and 
        family members to be full partners in the education of 
        their child, which may include--
                  (A) communicating high expectations for their 
                child's academic achievement and college and 
                career readiness;
                  (B) reading to their child, promoting the use 
                of libraries, facilitating access to cultural 
                events, parks, and recreational services, 
                encouraging community service and leadership, 
                and planning for entry and success in 
                institutions of higher education and careers;
                  (C) monitoring their child's school 
                attendance, homework, course completion, 
                academic achievement, and progress toward 
                college and career readiness; and
                  (D) participating, as appropriate, in 
                decisions relating to school improvement, 
                decisions regarding the education of their 
                children, and positive use of out-of-school 
                time; and
          (4) address the importance of communication between 
        teachers, parents, and family members on an ongoing 
        basis through, at a minimum--
                  (A) regular parent-teacher conferences;
                  (B) frequent reports to family members on--
                          (i) their children's progress; and
                          (ii) opportunities to be involved at 
                        school, including opportunities to 
                        support school improvement; and
                  (C) providing parents and family members 
                with--
                          (i) reasonable access to staff;
                          (ii) opportunities to volunteer and 
                        participate at school; and
                          (iii) as appropriate, observation of 
                        classroom activities and school-based 
                        activities; and
                  (D) to the extent practicable, providing 
                information required under this section, and 
                conducting any consultations required under 
                this section, in a language that parents can 
                understand; and
          (5) describe the process through which school 
        personnel communicate effectively with parents and 
        family members and ensure that other community 
        stakeholders are engaged, as appropriate, in supporting 
        school improvement.
  (f) Accessibility.--In carrying out the parent and family 
engagement requirements of this part, local educational 
agencies and schools, to the greatest extent practicable, shall 
provide opportunities for the full and informed participation 
of parents and family members (including parents and family 
members with disabilities), including providing information and 
school reports in a format and, to the greatest extent 
practicable, in a language such parents can understand.

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).]
  (a) Teacher Qualifications.--
          (1) In general.--Except as provided in paragraph (2), 
        each local educational agency receiving assistance 
        under this part shall ensure that all teachers teaching 
        a core academic subject in a program supported with 
        funds under this part are highly qualified teachers.
          (2) Exception.--Each local educational agency located 
        in a State in which the State has fully implemented a 
        teacher and principal evaluation system that is 
        consistent with section 2301(b)(4) shall only be 
        required to comply with the requirements under 
        paragraph (1) as they relate to new teachers.
          (3) Special rule for small, rural, or remote 
        schools.--In the case of a local educational agency 
        that is unable to provide a highly qualified teacher to 
        serve as an on-site classroom teacher for a core 
        academic subject in a small, rural, or remote school, 
        the local educational agency may meet the requirements 
        of this section by using distance learning to provide 
        such instruction by a teacher who is a highly qualified 
        teacher for purposes of the core academic subject, as 
        long as--
                  (A) the teacher who is a highly qualified 
                teacher in the core academic subject--
                          (i) is responsible for providing at 
                        least 50 percent of the direct 
                        instruction in the core academic 
                        subject through distance learning;
                          (ii) is responsible for monitoring 
                        student progress; and
                          (iii) is the teacher who assigns the 
                        students their grades; and
                  (B) an on-site teacher who is a highly 
                qualified teacher for a subject other the core 
                academic subject taught through distance 
                learning is present in the classroom throughout 
                the period of distance learning and provides 
                supporting instruction and assistance to the 
                students.
  (b) Qualifications for American Indian, Alaska Native, or 
Native Hawaiian Language, Culture, or History Teachers.--
          (1) Language or culture.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the requirements of 
                subsection (a) on local educational agencies 
                with respect to highly qualified teachers shall 
                not apply to a teacher of American Indian, 
                Alaska Native, or Native Hawaiian language or 
                culture, whether the teacher is teaching on a 
                permanent, part-time, or occasional basis.
                  (B) Competency.--A State may require that a 
                local tribe or tribal organization, as defined 
                in section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b), 
                verify the competency of a public school 
                teacher of American Indian, Alaska Native, or 
                Native Hawaiian language or culture to teach 
                such subject, to the chief administrative 
                officer of the local educational agency or the 
                chief State school officer.
          (2) History.--
                  (A) In general.--Notwithstanding any other 
                provision of law, the requirements of 
                subsection (a) on local educational agencies 
                with respect to highly qualified teachers shall 
                not apply to a teacher who is a Native elder or 
                other authority on American Indian, Alaska 
                Native, or Native Hawaiian history and who 
                provides instruction in such subject, whether 
                on a part-time or occasional basis.
                  (B) Competency.--A State may require that a 
                local tribe or tribal organization, as defined 
                in section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b), 
                verify the competency of the instructor 
                described in subparagraph (A) of American 
                Indian, Alaska Native, or Native Hawaiian 
                history to teach such subject, to the chief 
                administrative officer of the local educational 
                agency or the chief State school officer.
  (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) * * *

           *       *       *       *       *       *       *

  [(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)](d) Exceptions for Translation and Parental Involvement 
Activities.--[Subsections (c) and (d)]Subsection (c) shall not 
apply to a paraprofessional--
          (1) * * *

           *       *       *       *       *       *       *

  [(f)](e) General Requirement for All Paraprofessionals.--* * 
*
  [(g)](f) Duties of Paraprofessionals.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  [(h)](g) Use of Funds.--* * *
  [(i)](h) Verification of Compliance.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  [(j)](i) 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.]
  (i) Special Rule.--A State educational agency may not require 
a school or a local educational agency to expend a specific 
amount of funds for professional development activities under 
this part.
  [(k)](j) Special Rule.--* * *
  [(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.--* * *

           *       *       *       *       *       *       *

  (c) Allocation for Equitable Service to Private School 
Students.--
          (1) Calculation.--* * *

           *       *       *       *       *       *       *

          (2) Complaint process.--Any dispute regarding low-
        income data for private school students shall be 
        subject to the complaint process authorized in section 
        [9505]9503.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

  [(c) 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 only 
                if State and local funds will be used in 
                schools served under this part to provide 
                services that, taken as a whole, are at least 
                comparable to services in schools that are not 
                receiving funds under this part.
                  [(B) Substantially comparable services.--If 
                the local educational agency is serving all of 
                such agency's schools under this part, such 
                agency may receive funds under this part only 
                if such agency will use State and local funds 
                to provide services that, taken as a whole, are 
                substantially comparable in each school.
                  [(C) Basis.--A local educational agency may 
                meet the requirements of subparagraphs (A) and 
                (B) on a grade-span by grade-span basis or a 
                school-by-school basis.
          [(2) Written assurance.--
                  [(A) Equivalence.--A local educational agency 
                shall be considered to have met the 
                requirements of paragraph (1) if such agency 
                has filed with the State educational agency a 
                written assurance that such agency has 
                established and implemented--
                          [(i) a local educational agency-wide 
                        salary schedule;
                          [(ii) a policy to ensure equivalence 
                        among schools in teachers, 
                        administrators, and other staff; and
                          [(iii) a policy to ensure equivalence 
                        among schools in the provision of 
                        curriculum materials and instructional 
                        supplies.
                  [(B) Determinations.--For the purpose of this 
                subsection, in the determination of 
                expenditures per pupil from State and local 
                funds, or instructional salaries per pupil from 
                State and local funds, staff salary 
                differentials for years of employment shall not 
                be included in such determinations.
                  [(C) Exclusions.--A local educational agency 
                need not include unpredictable changes in 
                student enrollment or personnel assignments 
                that occur after the beginning of a school year 
                in determining comparability of services under 
                this subsection.
          [(3) Procedures and records.--Each local educational 
        agency assisted under this part shall--
                  [(A) develop procedures for compliance with 
                this subsection; and
                  [(B) maintain records that are updated 
                biennially documenting such agency's compliance 
                with this subsection.
          [(4) Inapplicability.--This subsection shall not 
        apply to a local educational agency that does not have 
        more than one building for each grade span.
          [(5) Compliance.--For the purpose of determining 
        compliance with paragraph (1), a local educational 
        agency may exclude State and local funds expended for--
                  [(A) language instruction educational 
                programs; and
                  [(B) the excess costs of providing services 
                to children with disabilities as determined by 
                the local educational agency.]
  (c) Comparability.--
          (1) In general.--
                  (A) Comparability.--Beginning for the 2015-
                2016 school year, a local educational agency 
                may receive funds under this part only if the 
                local educational agency demonstrates to the 
                State educational agency that the combined 
                State and local per-pupil expenditures 
                (including actual personnel and actual non-
                personnel expenditures) in each school served 
                under this part, in the most recent year for 
                which such data were available, are not less 
                than the average combined State and local per-
                pupil expenditures for those schools that are 
                not served under this part.
                  (B) Alternative comparability.--If the local 
                educational agency is serving all of the 
                schools under its jurisdiction under this part, 
                the agency shall demonstrate to the State 
                educational agency that the average combined 
                State and local per-pupil expenditures 
                (including actual personnel and actual non-
                personnel expenditures) for its high-poverty 
                schools, in the most recent year for which such 
                data are available, were not less than the 
                average combined State and local per-pupil 
                expenditures for its low-poverty schools.
                  (C) Basis.--A local educational agency may 
                meet the requirements of subparagraphs (A) and 
                (B) on a local educational agency-wide basis or 
                a grade-span by grade-span basis.
                  (D) Exclusion of funds.--
                          (i) In general.--For the purpose of 
                        complying with this paragraph, a local 
                        educational agency shall exclude any 
                        State or local funds expended in any 
                        school for--
                                  (I) excess costs of providing 
                                services to English learners;
                                  (II) excess costs of 
                                providing services to children 
                                with disabilities;
                                  (III) capital expenditures; 
                                and
                                  (IV) such other expenditures 
                                as the Secretary determines 
                                appropriate.
                          (ii) Changes after the beginning of 
                        the school year.--A local educational 
                        agency need not include unpredictable 
                        changes in student enrollment or 
                        personnel assignments that occur after 
                        the beginning of a school year in 
                        determining compliance under this 
                        subsection.
          (2) Documentation.--A local educational agency shall 
        demonstrate that it is meeting the requirements of 
        paragraph (1) by submitting to the State educational 
        agency the per-pupil expenditures, personnel 
        expenditures, non-personnel expenditures, and total 
        expenditures for each school served by the local 
        educational agency.
          (3) Inapplicability.--This subsection shall not apply 
        to a local educational agency that does not have more 
        than 1 building for each grade span.
          (4) Process and procedures.--
                  (A) Local educational agency 
                responsibilities.--Each local educational 
                agency assisted under this part shall, by 
                October 31, 2016, report to the State 
                educational agency on its compliance with the 
                requirements of this subsection for the 
                preceding school year, including a listing, by 
                school, of actual combined per-pupil State and 
                local personnel and non-personnel expenditures.
                  (B) State educational agency 
                responsibilities.--Each State educational 
                agency assisted under this part shall ensure 
                that such information is made publicly 
                available by the State or the local educational 
                agency, including the school by school listing 
                described in subparagraph (A).
                  (C) Plan.--A local educational agency that 
                does not meet the requirements of this 
                subsection in any year shall develop and 
                implement a plan to ensure compliance for the 
                subsequent school year and may be required by 
                the State educational agency to report on its 
                progress in implementing such plan.
          (5) Transition provisions.--
                  (A) School years preceding the 2015-2016 
                school year.--For school years preceding the 
                2015-2016 school year, a local educational 
                agency may receive funds under this part only 
                if the local educational agency demonstrates to 
                the State educational agency that the local 
                educational agency meets the requirements of 
                this subsection, as in effect on the day before 
                the date of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 
                2011.
                  (B) Transition between requirements.--The 
                Secretary shall take such steps as are 
                necessary to provide for the orderly transition 
                between the requirements under this section, as 
                in effect on the day before the date of 
                enactment of the Elementary and Secondary 
                Education Reauthorization Act of 2011, and the 
                new requirements under this section, as amended 
                by such Act.
          (6) Rule of construction.--Nothing in this subsection 
        shall be construed to require a local educational 
        agency to transfer school personnel in order to comply 
        with this subsection.

[SEC. 1120B. [20 U.S.C. 6322] COORDINATION REQUIREMENTS.]

  [(a) In General.--Each local educational agency receiving 
assistance under this part 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 with regulations 
promulgated under the Head Start Act.]

SEC. 1120B. COORDINATION REQUIREMENTS.

  (a) In General.--Each local educational agency receiving 
assistance under this part shall carry out the activities 
described in subsection (b) with Head Start agencies 
(consistent with section 642(e)(5) of the Head Start Act (42 
U.S.C. 9801(e)(5)), providers of services under part C of the 
Individuals with Disabilities Education Act, programs carried 
out under section 619 of such Act, and, if feasible, other 
entities carrying out early childhood education and care 
programs and services.
  (b) Activities.--The activities and services referred to in 
subsection (a) include--
          (1) developing and implementing a systematic 
        procedure for transferring, with parental consent, 
        early childhood education and care program records for 
        each participating child to the school in which such 
        child will enroll;
          (2) establishing ongoing communication between early 
        childhood education and care program staff and their 
        counterparts in the schools (including teachers, 
        principals, social workers, local educational agency 
        liaisons designated under section 722(g)(1)(J)(ii) of 
        the McKinney-Vento Homeless Assistance Act, and health 
        staff) to facilitate the coordination and alignment of 
        programs;
          (3) establishing ongoing communications between the 
        early childhood education and care program and the 
        local educational agency for developing continuity of 
        developmentally appropriate instructional programs and 
        shared expectations for children's learning and 
        development as children transition to school;
          (4) organizing and participating in joint training, 
        including transition-related training for school staff 
        and early childhood education and care programs;
          (5) establishing comprehensive transition policies 
        and procedures that support the school readiness of 
        children transitioning to school;
          (6) conducting outreach to parents, families, and 
        elementary school teachers to discuss the educational, 
        developmental, and other needs of children entering 
        school;
          (7) helping parents of children who are English 
        learners understand--
                  (A) the instructional and other services 
                provided by the school in which such child will 
                enroll after participation in a Head Start 
                program or other Federal early childhood care 
                and education program; and
                  (B) as appropriate, the information provided 
                to parents of English learners under section 
                3202;
          (8) helping parents understand the instructional and 
        other services provided by the school in which their 
        child will enroll after participation in a Head Start 
        program or other Federal early childhood care and 
        education program; and
          (9) developing and implementing a system to increase 
        program participation of underserved populations of 
        eligible children, especially children eligible for a 
        free or reduced price lunch under the Richard B. 
        Russell National School Lunch Act (42 U.S.C. 1751 et 
        seq.), parents of children who are English learners, 
        and parents of children with disabilities.

                         Subpart 2--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)]paragraphs (1) and (3) of section 3(a), the 
Secretary shall reserve a total of 1 percent to provide 
assistance to--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Assistance to Outlying Areas.--
          (1) Funds reserved.--* * *

           *       *       *       *       *       *       *

          (3) Limitation for competitive grants.--
                  (A) Competitive grants.--The Secretary shall 
                use funds described in paragraph (2) to award 
                grants to the outlying areas [and freely 
                associated States]to carry out the purposes of 
                this part.
                  (B) Award basis.--* * *
                  (C) Uses.--* * *
                          (i) * * *
                          (ii) to provide direct educational 
                        services that assist all students with 
                        meeting [challenging State academic 
                        content standards]college and career 
                        ready State academic content standards 
                        under section 1111(a)(1).
                  (D) Administrative costs.--* * *

           *       *       *       *       *       *       *

  [(c) Definitions.--For the purpose of subsections (a) and 
(b)--
          [(1) the term ``freely associated states'' means the 
        Republic of the Marshall Islands, the Federated States 
        of Micronesia, and the Republic of Palau; and
          [(2) the term ``outlying area'' means the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.]
  (c) Definition of Outlying Area.--As used in subsections (a) 
and (b), the term ``outlying area'' has the meaning given that 
term in subparagraphs (A) and (B) of section 9101(42).

           *       *       *       *       *       *       *


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]section 3(a)(1) to carry out this part for each 
of fiscal years 2012-2016 (referred to in this subsection as 
the current fiscal year)--
          (1) * * *
          * * * * * * *

SEC. 1125A. EDUCATION FINANCE INCENTIVE GRANT PROGRAM.

  (a) Grants.--From funds appropriated under [subsection 
(f)]section 3(a)(3), the Secretary is authorized to make grants 
to States, from allotments under subsection (b), to carry out 
the programs and activities of this part.
  (b) Distribution Based Upon Fiscal Effort and Equity.--
          (1) In general.--
                  (A) In general.--Except as provided in 
                subparagraph (B), funds appropriated pursuant 
                to [subsection (f)]section 3(a)(3) 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) * * *
          * * * * * * *
  [(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)](f) * * *
          * * * * * * *

SEC. 1127. CARRYOVER AND WAIVER.

  (a) Limitation on Carryover.--* * *

           *       *       *       *       *       *       *


     Subpart 3--Grants for State Assessments and Related Activities

SEC. 1131. GRANTS FOR STATE ASSESSMENTS AND RELATED ACTIVITIES.

  (a) Grants for State Assessments.--From amounts made 
available under subsection (c)(1) to carry out this subsection, 
the Secretary shall make grants to States--
          (1) to enable States to pay the costs of developing, 
        improving, or administering State assessments and 
        standards consistent with section 1111(a), which may 
        include the cost of working in voluntary partnerships 
        with other States, at the sole discretion of each such 
        State; and
          (2) in the case of States that have developed the 
        assessments and standards consistent with the 
        requirements of section 1111(a), to enable each such 
        State--
                  (A) to administer such assessments; or
                  (B) to carry out other activities described 
                in this section, which may include--
                          (i) developing college and career 
                        ready State academic content and 
                        student academic achievement standards 
                        and aligned assessments in academic 
                        subjects for which standards and 
                        assessments are not required under 
                        section 1111(a);
                          (ii) developing or improving 
                        assessments of English language 
                        proficiency necessary to comply with 
                        section 1111(a)(2)(D);
                          (iii) developing multiple measures of 
                        student academic achievement, including 
                        measures that assess higher-order 
                        thinking skills and understanding, to 
                        increase the reliability and validity 
                        of State assessment systems;
                          (iv) developing, enhancing, or 
                        administering, in publicly funded early 
                        childhood care and education programs 
                        and elementary schools, early learning 
                        assessments (including accommodations 
                        to provide access for young children 
                        with disabilities) to improve 
                        instruction for young children;
                          (v) strengthening the capacity of 
                        local educational agencies and schools 
                        to provide all students with the 
                        opportunity to increase educational 
                        achievement, including carrying out 
                        professional development activities 
                        aligned with State student academic 
                        achievement standards and assessments;
                          (vi) expanding the range, and 
                        improving the quality, of 
                        accommodations available to English 
                        learners and students with disabilities 
                        to improve the use of such 
                        accommodations, including professional 
                        development activities;
                          (vii) improving the dissemination of 
                        information about student achievement 
                        and school performance to parents and 
                        families, including the development of 
                        information and reporting systems 
                        designed to--
                                  (I) identify best educational 
                                practices based on 
                                scientifically valid research; 
                                or
                                  (II) assist in linking 
                                records of student achievement, 
                                length of enrollment, and 
                                graduation over time;
                          (viii) providing instructional 
                        supports, which may include formative 
                        assessments;
                          (ix) developing computer adaptive 
                        assessments that meet the requirements 
                        of section 1111(a); and
                          (x) developing alternate assessments, 
                        as described in section 1111(a)(2)(E), 
                        aligned to alternate achievement 
                        standards.
  (b) Grants for Enhanced Assessment Systems.--
          (1) Grant program authorized.--From amounts made 
        available under subsection (c)(2) to carry out this 
        subsection, the Secretary shall award, on a competitive 
        basis, grants to State educational agencies to enable 
        the State educational agencies to carry out the 
        activities described in paragraph (3).
          (2) Application.--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.
          (3) Authorized activities.--Each State educational 
        agency that receives a grant under this section shall 
        use the grant funds to--
                  (A) enable States, or a consortia of States, 
                to collaborate with institutions of higher 
                education or other organizations or agencies to 
                improve the quality, validity, and reliability 
                of State academic assessments beyond the 
                requirements for such assessments described in 
                section 1111(a)(2);
                  (B) measure student academic achievement 
                using multiple measures of student academic 
                achievement from multiple sources, including 
                measures that assess higher-order thinking 
                skills and understanding;
                  (C) chart student progress over time; or
                  (D) evaluate student academic achievement 
                through the development of comprehensive 
                academic assessment instruments.
  (c) Allotment of Appropriated Funds.--
          (1) In general.--For each fiscal year, the Secretary 
        shall use the amount of funds made available for this 
        section for such year or $400,000,000 of such funds, 
        whichever is less, to--
                  (A) reserve one-half of 1 percent for the 
                Bureau of Indian Affairs;
                  (B) reserve one-half of 1 percent for the 
                outlying areas; and
                  (C) from the amounts remaining after the 
                application of subparagraphs (A) and (B), 
                allocate to each State, for the purposes of 
                carrying out the activities under subsection 
                (a), an amount equal to--
                          (i) $3,000,000; and
                          (ii) with respect to any amounts 
                        remaining after the allocation is made 
                        under clause (i), an amount that bears 
                        the same relationship to such total 
                        remaining amounts as the number of 
                        students ages 5 through 17 in the State 
                        (as determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data) bears to the total number of such 
                        students in all States.
          (2) Remainder.--Any amounts remaining for a fiscal 
        year after the Secretary carries out paragraph (1) 
        shall be made available to award funds under subsection 
        (b) to States according to the quality, needs, and 
        scope of the State application under this section. In 
        determining the grant amount, the Secretary shall 
        ensure that a State's grant shall include an amount 
        that bears the same relationship to the total funds 
        available under this paragraph for the fiscal year as 
        the number of students ages 5 through 17 in the State 
        (as determined by the Secretary on the basis of the 
        most recent satisfactory data) bears to the total 
        number of such students in all States.
          (3) Definition of state.--In this section, the term 
        ``State'' means each of the 50 States, the District of 
        Columbia, and the Commonwealth of Puerto Rico.

 [PART B--STUDENT READING SKILLS IMPROVEMENT GRANTS]PART B_PATHWAYS TO 
                                COLLEGE

                       [Subpart 1--Reading First]

[SEC. 1201. [20 U.S.C. 6361] 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. [20 U.S.C. 6362]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. [20 U.S.C. 6363] 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. [20 U.S.C. 6364] 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. [20 U.S.C. 6365] 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. [20 U.S.C. 6366] 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. [20 U.S.C. 6367] 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. [20 U.S.C. 6368] 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 1--Improving Secondary Schools

SEC. 1201. SECONDARY SCHOOL REFORM.

  (a) Purposes.--The purposes of this section are to ensure 
students graduate from secondary school on track to college and 
career readiness and to increase graduation rates by providing 
grants to eligible entities to provide schools with the 
necessary resources to implement innovative and effective 
secondary school reform strategies.
  (b) Definitions.--In this section:
          (1) Competency-based learning model.--The term 
        ``competency-based learning model'' means an education 
        model in which educators use explicit measurable 
        learning objectives to assist students to advance upon 
        mastery of the objectives as determined through 
        relevant assessments.
          (2) Effective secondary school reform strategies.--
        The term ``effective secondary school reform 
        strategies'' means a set of programs, interventions, 
        and activities with demonstrated effectiveness in 
        improving the academic achievement of struggling 
        students or dropouts.
          (3) Eligible entity.--The term ``eligible entity'' 
        means a high-need local educational agency in 
        partnership with 1 or more external partners.
          (4) Eligible secondary school.--The term ``eligible 
        secondary school'' means a high school that--
                  (A) is eligible for funds under part A;
                  (B) has a graduation rate below 75 percent;
                  (C) does not receive grant funds under 
                section 1116(d); and
                  (D) is identified as low performing based on 
                the State's accountability system.
          (5) External partner.--The term ``external partner'' 
        means a public or private nonprofit organization, 
        public or private nonprofit institution of higher 
        education, or nonprofit charter management 
        organization, with a demonstrated record of successful 
        secondary school reform.
          (6) Feeder middle school.--The term ``feeder middle 
        school'' means an elementary school or secondary school 
        from which a majority of students go on to attend an 
        eligible secondary school.
          (7) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
          (8) Struggling student.--The term ``struggling 
        student'' means a student who is at an increased risk 
        for low academic achievement and is unlikely to 
        graduate secondary school on track to college and 
        career readiness.
  (c) Grants Authorized.--
          (1) In general.--
                  (A) Reservation.--From the total amount of 
                funds appropriated to carry out this section 
                for a fiscal year, the Secretary may reserve 
                not more than 2.5 percent for national 
                activities, which the Secretary shall use for 
                technical assistance, data collection and 
                dissemination, and reporting activities.
                  (B) Grants.--From the total amount of funds 
                appropriated to carry out this section for a 
                fiscal year and not reserved under subparagraph 
                (A), the Secretary shall award grants, on a 
                competitive basis, to eligible entities, based 
                on the quality of the applications submitted, 
                of which--
                          (i) not more than 25 percent of grant 
                        funds shall be used for activities 
                        described in subsection (e)(1); and
                          (ii) not less than 75 percent of 
                        grant funds shall be used for 
                        activities described in paragraphs (2) 
                        and (3) of subsection (e) and 
                        subsection (f).
          (2) Grant duration.--Grants awarded under this 
        section shall be for a period of 5 years, conditional 
        after 3 years on satisfactory progress on the 
        performance indicators described in subsection 
        (d)(2)(E), as determined by the Secretary.
          (3) Annual report.--Each eligible entity that 
        receives a grant under this section shall submit to the 
        Secretary an annual report including data on the 
        entity's progress on the performance indicators 
        described in subsection (d)(2)(E).
  (d) Application.--
          (1) In general.--An eligible entity that desires a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such manner, and 
        containing such information as the Secretary may 
        reasonably require.
          (2) Contents.--Each application submitted under 
        paragraph (1) shall include, at a minimum, a 
        description of the following:
                  (A) How the eligible entity will use funds 
                awarded under this section to carry out the 
                activities described in subsection (e)(1).
                  (B) The external partner's capacity and 
                record of success in secondary school reform 
                and how the eligible entity will sustain the 
                activities proposed, including the availability 
                of funds from non-Federal sources and 
                coordination with other Federal, State, and 
                local funds.
                  (C) How the eligible entity conducted a 
                comprehensive needs analysis and capacity 
                assessment of the eligible secondary schools 
                served by the eligible entity to identify 
                secondary schools proposed to be served by the 
                grant. The needs analysis and capacity 
                assessment shall include the following:
                          (i) An examination of each secondary 
                        school's data in the aggregate, and 
                        disaggregated by each of the subgroups 
                        of students described in section 
                        1111(a)(2)(B)(ix), on the following:
                                  (I) Graduation rates and 
                                characteristics of those 
                                students who are not 
                                graduating, including such 
                                students' attendance, behavior, 
                                expulsion rates, suspension 
                                rates, course performance, and 
                                credit accumulation rates.
                                  (II) Rates of dropout 
                                recovery (re-entry).
                                  (III) Rates of enrollment and 
                                remediation in institutions of 
                                higher education, in accordance 
                                with section 
                                1111(d)(3)(B)(viii).
                                  (IV) The percentage of 
                                students who are 2 or more 
                                years over-aged or under-
                                credited for their grade level.
                          (ii) An examination of each eligible 
                        secondary school and feeder middle 
                        school's data in the aggregate, and 
                        disaggregated by each of the subgroups 
                        of students described in section 
                        1111(a)(2)(B)(ix), as applicable, on 
                        the following:
                                  (I) Student academic 
                                achievement, including the 
                                percentage of students who have 
                                on-time credit accumulation at 
                                the end of each grade and the 
                                percent of students failing a 
                                core, credit-bearing, reading 
                                or language arts, science, or 
                                mathematics course, or failing 
                                2 or more of any courses.
                                  (II) Percentage of students 
                                who have an attendance rate 
                                lower than 90 percent.
                                  (III) Annual rates of 
                                expulsions, suspensions, school 
                                violence, harassment, and 
                                bullying, as defined under 
                                State or local laws or 
                                policies.
                                  (IV) Annual, average credit 
                                accumulation.
                                  (V) Annual, average 
                                attendance rates.
                                  (VI) Annual rates of students 
                                who move in and out of the 
                                school within a school year
                                  (VII) Curriculum alignment 
                                with college and career ready 
                                standards across all grade 
                                levels.
                                  (VIII) Support services to 
                                address the nonacademic 
                                barriers that impact student 
                                achievement.
                                  (IX) The number and 
                                percentage of students who do 
                                not transition from grade 8 to 
                                grade 9 and who have not 
                                transferred to and enrolled in 
                                a school outside of the local 
                                educational agency within the 
                                State.
                          (iii) An examination, including a 
                        description, of each eligible secondary 
                        school's capacity to implement the 
                        school reform activities under 
                        subsection (e)(3), including--
                                  (I) the capacity and 
                                experience levels of 
                                administrative, instructional, 
                                and noninstructional staff; and
                                  (II) the budget, including 
                                how Federal, State, and local 
                                funds are being spent (as of 
                                the time of the assessment) and 
                                can be better spent; and
                                  (III) the technical 
                                assistance, additional 
                                resources, and staff necessary 
                                to implement the activities 
                                identified in subsection (e).
                          (iv) An assessment of the external 
                        partner capacity to provide technical 
                        assistance and resources to implement 
                        the activities described in subsection 
                        (e).
                  (D) The strategies chosen to be implemented 
                at the eligible secondary schools, including a 
                rationale for reform strategies, as described 
                in subsection (e)(3)(F), selected for each of 
                the eligible secondary schools, including how 
                the chosen strategy will most effectively 
                address the needs identified through the needs 
                analysis.
                  (E) The performance indicators and targets 
                the eligible entity will use to assess the 
                effectiveness of the activities implemented 
                under this section including--
                          (i) graduation rates;
                          (ii) dropout recovery (re-entry) 
                        rates;
                          (iii) percentage of students with 
                        less than a 90 percent attendance rate;
                          (iv) percentage of students who have 
                        on-time credit accumulation at the end 
                        of each grade and the percentage of 
                        students failing a core subject course;
                          (v) rates of expulsions, suspensions, 
                        school violence, harassment, and 
                        bullying, as defined under State or 
                        local laws or policies;
                          (vi) annual, average attendance 
                        rates;
                          (vii) annual rates of student 
                        mobility;
                          (viii) college remediation, 
                        enrollment, persistence, and completion 
                        rates; and
                          (ix) percentage of students 
                        successfully--
                                  (I) completing Advanced 
                                Placement or International 
                                Baccalaureate courses;
                                  (II) completing rigorous 
                                postsecondary education courses 
                                while attending a secondary 
                                school; or
                                  (III) enrolling in and 
                                completing, career and 
                                technical education, as defined 
                                in section 3 of the Carl D. 
                                Perkins Career and Technical 
                                Education Act of 2006, and 
                                registered apprenticeship 
                                programs, as defined in section 
                                173A(b) of the Workforce 
                                Investment Act of 1998.
  (e) Required Uses of Funds.--
          (1) In general.--An eligible entity that receives a 
        grant under this section shall use the grant funds to--
                  (A) implement an early warning indicator 
                system to help high schools, and their feeder 
                middle schools, served by the eligible entity's 
                local educational agency, to identify 
                struggling students and create a system of 
                evidence-based interventions, by--
                          (i) identifying and analyzing 
                        indicators that most reliably predict 
                        dropping out of secondary school;
                          (ii) analyzing the distribution of 
                        struggling students in secondary 
                        schools across all grades;
                          (iii) analyzing student progress and 
                        performance on the indicators 
                        identified under clause (i);
                          (iv) analyzing academic indicators to 
                        determine--
                                  (I) whether students will 
                                graduate on track to college 
                                and career readiness; and
                                  (II) which students are 2 or 
                                more years over-aged or under-
                                credited for on-time secondary 
                                school graduation;
                          (v) analyzing student data to assist 
                        students in grade and school 
                        transitions; and
                          (vi) developing a mechanism for 
                        regularly collecting, reporting, and 
                        making accessible to each school served 
                        by the eligible entity for each such 
                        school's students--
                                  (I) student-level data on the 
                                indicators identified under 
                                clause (i);
                                  (II) student-level progress 
                                and performance, as described 
                                in clause (iii);
                                  (III) student-level data on 
                                the indicators described in 
                                clause (iv); and
                                  (IV) information about the 
                                impact of interventions on 
                                student outcomes and progress;
                  (B) provide support and credit recovery 
                opportunities for struggling students, 
                including those who are over-aged and under-
                credited, at secondary schools served by the 
                eligible entity by offering activities, such 
                as--
                          (i) a flexible school schedule;
                          (ii) competency-based learning models 
                        and performance-based assessments; and
                          (iii) the provision of support 
                        services;
                  (C) provide dropout recovery or re-entry 
                programs to secondary schools that are designed 
                to encourage and support dropouts returning to 
                an educational system, program, or institution 
                following an extended absence in order to 
                graduate on track to college and career 
                readiness;
                  (D) provide evidence-based grade and school 
                transition programs and supports, including 
                through curricula alignment; and
                  (E) provide school leaders, instructional 
                staff, noninstructional staff, students, and 
                families with high-quality, easily accessible 
                information about--
                          (i) secondary school graduation 
                        requirements;
                          (ii) postsecondary education 
                        application processes;
                          (iii) postsecondary admissions 
                        processes and requirements, including 
                        public financial aid and other 
                        available private scholarship and grant 
                        aid opportunities; and
                          (iv) other programs and services for 
                        increasing rates of college access and 
                        success for students from low-income 
                        families.
          (2) Required use of funds in feeder middle schools.--
        An eligible entity that receives a grant under this 
        section shall use the grant funds in feeder middle 
        schools to improve the academic achievement of their 
        students and prepare them to graduate on track to 
        college and career readiness by--
                  (A) using early warning indicator and 
                intervention systems described in paragraph 
                (1)(A);
                  (B) creating a personalized learning 
                environment;
                  (C) providing high-quality professional 
                development opportunities to school leaders, 
                teachers, and other school staff to prepare 
                staff to--
                          (i) address the academic challenges 
                        of students in middle grades;
                          (ii) understand the developmental 
                        needs of students in the middle grades 
                        and how to address them in an 
                        educational setting;
                          (iii) implement data-driven 
                        interventions; and
                          (iv) provide academic guidance to 
                        students so that students can graduate 
                        on track to college and career 
                        readiness; and
                  (D) implementing organizational practices and 
                school schedules that allow for collaborative 
                staff participation, team teaching, and common 
                instructional planning time.
          (3) Required use of funds in eligible secondary 
        schools.--An eligible entity that receives a grant 
        under this section shall use the grant funds in 
        eligible secondary schools to implement a comprehensive 
        approach that will--
                  (A) personalize the school experience by 
                taking steps such as--
                          (i) creating opportunities for 
                        struggling students to receive 
                        personalized instruction and 
                        opportunities for credit recovery;
                          (ii) implementing competency-based 
                        models; and
                          (iii) providing ongoing evaluation of 
                        student academic achievement and the 
                        necessary supports so that students 
                        graduate on track to college and career 
                        readiness;
                  (B) increase student engagement by providing 
                service-learning, experiential, work-based, and 
                other learning opportunities, such as--
                          (i) contextual learning 
                        opportunities;
                          (ii) internship opportunities;
                          (iii) community service, learning 
                        apprenticeships, and job shadowing;
                          (iv) college campus visits, and 
                        postsecondary and career counseling; 
                        and
                          (v) developing an individual 
                        graduation plan for each student that 
                        defines each student's career and 
                        postsecondary education goals, and 
                        provides the individualized evidence-
                        based interventions necessary to meet 
                        the goals;
                  (C) provide school leaders with autonomy 
                through a flexible budget and staffing 
                authority;
                  (D) implement high-quality professional 
                development for teachers and school leaders, 
                provide increased opportunities for teachers to 
                work collaboratively, and improve instruction;
                  (E) improve curriculum and instruction, by--
                          (i) adopting effective, evidence-
                        based curricula and instructional 
                        materials aligned to high academic 
                        standards for all students; and
                          (ii) increasing rigor through the use 
                        of Advanced Placement or International 
                        Baccalaureate courses; and
                  (F) implement at least 1 of the following 
                effective secondary school reform strategies to 
                prepare students for college and a career, and 
                to improve graduation rates:
                          (i) Graduation Promise Academies, 
                        which include--
                                  (I) 9th grade academies 
                                taught by teams of teachers who 
                                work with small groups of 
                                students;
                                  (II) Career Academies for 
                                upper grades;
                                  (III) extended learning 
                                periods, such as block 
                                scheduling, to reduce the 
                                number of students for whom 
                                teachers are responsible and 
                                the number of courses students 
                                are taking at any one time;
                                  (IV) an after-hours credit 
                                recovery program;
                                  (V) curriculum coaches who 
                                provide high-quality 
                                professional development and 
                                support;
                                  (VI) partnerships among 
                                parents, teachers, 
                                administrators, community-based 
                                organizations, and community 
                                members focused on improving 
                                student achievement; and
                                  (VII) a college-going 
                                culture, including student 
                                supports and guidance.
                          (ii) Career Academies, which--
                                  (I) establish career pathways 
                                by implementing a college and 
                                career ready curriculum that 
                                integrates rigorous academics, 
                                career and technical education, 
                                and experiential learning for 
                                high school students in high-
                                skill, high-demand industries 
                                in collaboration with local and 
                                regional employers;
                                  (II) provide counseling to 
                                advance students' college and 
                                career goals;
                                  (III) collaborate with local 
                                employers to develop and 
                                provide work-based experiences 
                                for high school students;
                                  (IV) modernize career-related 
                                equipment utilized by students; 
                                and
                                  (V) provide dual enrollment 
                                opportunities with college 
                                credit-bearing courses, 
                                including accelerated 
                                certificate programs with 
                                community colleges or other 
                                recognized postsecondary 
                                credentials.
                          (iii) Early College Schools, which--
                                  (I) partner with 1 or more 
                                public or nonprofit 
                                institutions of higher 
                                education;
                                  (II) conduct outreach 
                                programs to ensure that middle 
                                school and high school students 
                                and their families are aware of 
                                the Early College Schools;
                                  (III) design curricula and 
                                sequences of courses in 
                                collaboration with teachers 
                                from the eligible secondary 
                                school and faculty from the 
                                partner institution of higher 
                                education so that students may 
                                simultaneously earn credits 
                                towards a high school diploma 
                                and either an associate degree 
                                or transferable postsecondary 
                                education credits toward a 
                                postsecondary degree at no cost 
                                to students or their families;
                                  (IV) coordinate secondary and 
                                postsecondary support services, 
                                and academic calendars to allow 
                                students to visit and take 
                                courses at the institutions of 
                                higher education; and
                                  (V) provide academic and 
                                support services, including 
                                financial aid counseling for 
                                postsecondary education.
  (f) Allowable Uses of Funds.--An eligible entity that 
receives a grant under this section may use grant funds to--
          (1) improve parent and family engagement in the 
        educational attainment and achievement of struggling 
        students and dropouts to be on track to college and 
        career readiness by--
                  (A) leveraging community-based services and 
                opportunities; and
                  (B) providing parents and families with the 
                necessary information, including data on their 
                child's academic achievement and how to 
                navigate the public school system;
          (2) provide extended learning opportunities, by 
        extending the school day, week, or year to increase the 
        total number of school hours to include additional time 
        for instruction in academic subjects and enrichment 
        activities that contribute to a well-rounded education;
          (3) increase student supports through activities such 
        as student advisories, school counseling opportunities, 
        and one-to-one mentoring; and
          (4) create smaller learning communities.
  (g) Matching Funds.--
          (1) In general.--An eligible entity that receives a 
        grant under this section shall provide matching funds, 
        from non-Federal sources, in an amount equal to not 
        less than 20 percent of the amount of grant funds 
        awarded in the first 3 years of the grant, not less 
        than 50 percent of the amount awarded in the fourth 
        year of the grant, and not less than 75 percent of the 
        amount awarded in the fifth year of the grant, as 
        applicable.
          (2) Waiver.--The Secretary may waive all or part of 
        the matching requirement described in paragraph (1) for 
        a fiscal year for an eligible entity, on a case-by-case 
        basis, if the Secretary determines that applying the 
        matching requirement to such eligible entity would 
        result in serious hardship or an inability to carry out 
        the authorized activities described in subsection (e).
  (h) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement 
the funds that would, in the absence of such Federal funds, be 
made available from other Federal and non-Federal sources for 
the activities described in this section, and not to supplant 
such funds.

                    [Subpart 2--Early Reading First]

[SEC. 1221. [20 U.S.C. 6371] 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. [20 U.S.C. 6372] 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. [20 U.S.C. 6375] 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. [20 U.S.C. 6376] 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 2--Accelerated Learning

SEC. 1221. PURPOSES.

  The purposes of this subpart are--
          (1) to raise student academic achievement by--
                  (A) increasing the number of teachers serving 
                high-need schools who are qualified to teach 
                Advanced Placement or International 
                Baccalaureate courses; and
                  (B) increasing the number of students 
                attending high-need schools who--
                          (i) enroll and succeed in Advanced 
                        Placement or International 
                        Baccalaureate courses; and
                          (ii) take Advanced Placement or 
                        International Baccalaureate 
                        examinations;
          (2) to increase, and to support statewide and, as 
        applicable, districtwide, efforts to increase the 
        availability of, and enrollment in, Advanced Placement 
        or International Baccalaureate courses, and pre-
        Advanced Placement or pre-International Baccalaureate 
        courses, in high-need schools; and
          (3) to provide high-quality professional development 
        for teachers of Advanced Placement or International 
        Baccalaureate courses, and pre-Advanced Placement or 
        pre-International Baccalaureate courses, in high-need 
        schools.

SEC. 1222. FUNDING DISTRIBUTION RULE.

  From amounts appropriated to carry out this subpart for a 
fiscal year, the Secretary shall give priority to funding 
activities under section 1223 and shall distribute any 
remaining funds under section 1224.

SEC. 1223. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE 
                    EXAMINATION FEE PROGRAM.

  (a) Grants Authorized.--From amounts made available to carry 
out this subpart 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 pay, on behalf of low-income students, part or all 
of the costs of Advanced Placement or International 
Baccalaureate examination fees, if the low-income students--
          (1) are enrolled in an Advanced Placement or 
        International Baccalaureate course; and
          (2) plan to take an Advanced Placement or 
        International Baccalaureate examination.
  (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 States.
  (c) Information Dissemination.--A State educational agency 
that is awarded a grant under this section shall make publicly 
available information regarding the availability of Advanced 
Placement or International Baccalaureate examination fee 
payments under this section, and shall disseminate such 
information to eligible secondary school students and parents, 
including through secondary school teachers and 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 or International 
        Baccalaureate examination fees the State educational 
        agency will pay on behalf of low-income students 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 or International Baccalaureate 
        examination 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 
        ensuring that the student is a low-income student.
  (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 or International 
        Baccalaureate course subject, annually report to the 
        Secretary the following data for the preceding year:
                  (A) The number of students in the State who 
                are taking an Advanced Placement or 
                International Baccalaureate course in such 
                subject.
                  (B) The number of Advanced Placement or 
                International Baccalaureate examinations taken 
                by students in the State who have taken an 
                Advanced Placement or International 
                Baccalaureate course in such subject.
                  (C) The number of students in the State 
                scoring at each level on Advanced Placement or 
                International Baccalaureate examinations in 
                such subject.
                  (D) Demographic information regarding 
                students in the State taking Advanced Placement 
                or International Baccalaureate courses and 
                Advanced Placement or International 
                Baccalaureate examinations 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 authorizing committees 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. 1224. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE INCENTIVE 
                    PROGRAM GRANTS.

  (a) Grants Authorized.--
          (1) In general.--From amounts made available to carry 
        out this subpart for a fiscal year, the Secretary shall 
        award grants, on a competitive basis, to eligible 
        entities to enable such entities to carry out the 
        authorized activities described in subsection (e).
          (2) Duration, renewal, and payments.--
                  (A) Duration.--The Secretary shall award a 
                grant under this section for a period of not 
                more than 3 years.
                  (B) Renewal.--The Secretary may renew a grant 
                awarded under this section for an additional 
                period of not more than 2 years, if an eligible 
                entity--
                          (i) is achieving the objectives of 
                        the grant; and
                          (ii) has shown improvement against 
                        baseline data on the performance 
                        measures described in subparagraphs (A) 
                        through (E) of subsection (g)(1).
                  (C) Payments.--The Secretary shall make grant 
                payments under this section on an annual basis.
  (b) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
          (1) a State educational agency;
          (2) a high-need local educational agency; or
          (3) a partnership consisting of--
                  (A) a national, regional, or statewide public 
                or nonprofit organization with expertise and 
                experience in providing Advanced Placement or 
                International Baccalaureate course services; 
                and
                  (B) a State educational agency or a high-need 
                local educational agency.
  (c) Application.--
          (1) In general.--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.
          (2) Contents.--The application shall, at a minimum, 
        include a description of--
                  (A) the goals and objectives for the project 
                supported by the grant under this section, 
                including--
                          (i) increasing the number of teachers 
                        serving high-need schools who are 
                        qualified to teach Advanced Placement 
                        or International Baccalaureate courses;
                          (ii) increasing the number of 
                        Advanced Placement or International 
                        Baccalaureate courses that are offered 
                        at high-need schools; and
                          (iii) increasing the number of 
                        students attending a high-need school, 
                        particularly low-income students, who 
                        succeed in--
                                  (I) Advanced Placement or 
                                International Baccalaureate 
                                courses; and
                                  (II) if offered by the 
                                school, pre-Advanced Placement 
                                or pre-International 
                                Baccalaureate courses;
                  (B) how the eligible entity will ensure that 
                students have access to courses, including pre-
                Advanced Placement or pre-International 
                Baccalaureate courses, that will prepare 
                students to succeed in Advanced Placement or 
                International Baccalaureate courses;
                  (C) how the eligible entity will provide 
                professional development for teachers that will 
                further the goals and objectives of the grant 
                project;
                  (D) how the eligible entity will ensure that 
                teachers serving high-need schools are 
                qualified to teach Advanced Placement or 
                International Baccalaureate courses;
                  (E) how the eligible entity will provide for 
                the involvement of business and community 
                organizations and other entities, including 
                institutions of higher education, in carrying 
                out the activities described in subsection (e);
                  (F) how the eligible entity will use funds 
                received under this section; and
                  (G) how the eligible entity will evaluate the 
                outcome of the grant project.
  (d) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applications from eligible 
entities that--
          (1) are part of a statewide or districtwide strategy, 
        as applicable, for increasing the availability of 
        Advanced Placement or International Baccalaureate 
        courses, and pre-Advanced Placement or pre-
        International Baccalaureate courses, in high-need 
        schools;
          (2) demonstrate a focus on increasing the 
        availability of Advanced Placement or International 
        Baccalaureate courses in core academic subjects; and
          (3) propose to carry out activities that target high-
        need schools.
  (e) Authorized Activities.--
          (1) In general.--Each eligible entity that receives a 
        grant under this section shall use the grant funds to 
        carry out activities designed to increase--
                  (A) the number of teachers serving high-need 
                schools who are qualified to teach Advanced 
                Placement or International Baccalaureate 
                courses; and
                  (B) the number of students attending high-
                need schools who succeed in the examinations 
                for such courses, including through reimbursing 
                low-income students attending high-need schools 
                for part or all of the cost of Advanced 
                Placement or International Baccalaureate 
                examination fees.
          (2) Allowable activities.--In addition to the 
        activities described in paragraph (1), an eligible 
        entity that receives a grant under this section may use 
        grant funds for--
                  (A) high-quality teacher professional 
                development, in order to expand the pool of 
                teachers in the participating State, high-need 
                local educational agency, or high-need school 
                who are qualified to teach Advanced Placement 
                or International Baccalaureate courses, 
                including through innovative models, such as 
                online academies and training institutes;
                  (B) pre-Advanced Placement or pre-
                International Baccalaureate teacher and 
                counselor high-quality professional development 
                in secondary school to prepare students for 
                success in Advanced Placement or International 
                Baccalaureate courses and in institutions of 
                higher education;
                  (C) coordination and articulation between 
                grade levels to prepare students to succeed in 
                Advanced Placement or International 
                Baccalaureate courses;
                  (D) purchase of instructional materials for 
                Advanced Placement or International 
                Baccalaureate courses;
                  (E) activities to increase the availability 
                of, and participation in, online Advanced 
                Placement or International Baccalaureate 
                courses;
                  (F) carrying out the requirements of 
                subsection (g); and
                  (G) in the case of an eligible entity 
                described in subsection (b)(1), awarding 
                subgrants to high-need local educational 
                agencies to enable the high-need local 
                educational agencies to carry out authorized 
                activities described in subparagraphs (A) 
                through (F).
  (f) Contracts.--An eligible entity that is awarded a grant to 
provide online Advanced Placement or International 
Baccalaureate courses under this subpart may enter into a 
contract with an organization to provide the online Advanced 
Placement or International Baccalaureate courses, including 
contracting for necessary support services.
  (g) Collecting and Reporting Requirements.--
          (1) Report.--Each eligible entity receiving a grant 
        under this section shall collect and report to the 
        Secretary annually such data regarding the results of 
        the grant as the Secretary may reasonably require, 
        including--
                  (A) the number of students served by the 
                eligible entity enrolling in Advanced Placement 
                or International Baccalaureate courses, and 
                pre-Advanced Placement or pre-International 
                Baccalaureate courses, disaggregated by grade 
                level of the student, and the grades received 
                by such students in the courses;
                  (B) the number of students taking an Advanced 
                Placement or International Baccalaureate 
                examination and the distribution of scores on 
                those examinations, disaggregated by the grade 
                level of the student at the time of 
                examination;
                  (C) the number of teachers who are currently, 
                as of the date of the report, receiving 
                training to teach Advanced Placement or 
                International Baccalaureate courses and will 
                teach such courses in the next school year;
                  (D) the number of teachers becoming qualified 
                to teach Advanced Placement or International 
                Baccalaureate courses; and
                  (E) the number of qualified teachers who are 
                teaching Advanced Placement or International 
                Baccalaureate courses in high-need schools 
                served by the eligible entity.
          (2) Reporting of data.--Each eligible entity 
        receiving a grant under this section shall report the 
        data required under paragraph (1)--
                  (A) disaggregated by subject area;
                  (B) in the case of student data, 
                disaggregated in the same manner as information 
                is disaggregated under section 
                1111(a)(2)(B)(ix); and
                  (C) in a manner that allows for an assessment 
                of the effectiveness of the grant program.
  (h) Evaluation.--From the amount appropriated for this 
subpart and reserved for evaluation activities in accordance 
with section 9601(a), the Secretary, acting through the 
Director of the Institute of Education Sciences, shall, in 
consultation with the relevant program office at the 
Department, evaluate the implementation and impact of the 
activities supported under this section, consistent with 
section 9601, including progress as measured by the performance 
measures established under subparagraphs (A) through (E) of 
subsection (g)(1).
  (i) Matching Requirement.--
          (1) In general.--Subject to paragraph (3), each 
        eligible entity that receives a grant under this 
        section shall provide toward the cost of the activities 
        assisted under the grant, from non-Federal sources, an 
        amount equal to 100 percent of the amount of the grant, 
        except that an eligible entity that is a high-need 
        local educational agency shall provide an amount equal 
        to not more than 50 percent of the amount of the grant.
          (2) Matching funds.--The eligible entity may provide 
        the matching funds described in paragraph (1) in cash 
        or in-kind, fairly evaluated, but may not provide more 
        than 50 percent of the matching funds in-kind. The 
        eligible entity may provide the matching funds from 
        State, local, or private sources.
          (3) Waiver.--The Secretary may waive all or part of 
        the matching requirement described in paragraph (1) for 
        any fiscal year for an eligible entity described in 
        paragraph (1) or (2) of subsection (b), if the 
        Secretary determines that applying the matching 
        requirement to such eligible entity would result in 
        serious hardship or an inability to carry out the 
        authorized activities described in subsection (e).

SEC. 1225. SUPPLEMENT, NOT SUPPLANT.

  Grant funds provided under this subpart shall supplement, and 
not supplant, other non-Federal funds that are available to 
assist low-income students to pay for the cost of Advanced 
Placement or International Baccalaureate examination fees or to 
expand access to Advanced Placement or International 
Baccalaureate courses, and pre-Advanced Placement or pre-
International Baccalaureate courses.

SEC. 1226. DEFINITIONS.

  In this subpart:
          (1) High-need school.--The term ``high-need school'' 
        means a secondary school--
                  (A) with a demonstrated need for Advanced 
                Placement or International Baccalaureate 
                courses; and
                  (B) that--
                          (i) has a high concentration of low-
                        income students; or
                          (ii) is designated with a school 
                        locale code of 33, 41, 42, or 43, as 
                        determined by the Secretary.
          (2) Low-income student.--The term ``low-income 
        student'' means a student who is eligible for free or 
        reduced-price lunch under the Richard B. Russell 
        National School Lunch Act (42 U.S.C. 1751 et seq.).

           *       *       *       *       *       *       *


  [Subpart 3--William F. Goodling Even Start Family Literacy Programs]

[SEC. 1231. [20 U.S.C. 6381] 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. [20 U.S.C. 6381A] 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. [20 U.S.C. 6381B] 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. [20 U.S.C. 6381C] 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. [20 U.S.C. 6381D] 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. [20 U.S.C. 6381E] 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. [20 U.S.C. 6381F] 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. [20 U.S.C. 6381G] 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. [20 U.S.C. 6381H] 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. [20 U.S.C. 6381I] 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. [20 U.S.C. 6381J] 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. [20 U.S.C. 6381K] 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. [20 U.S.C. 6383] 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. [20 U.S.C. 6391] 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. 1301. PROGRAM PURPOSE.

  It is the purpose of this part to assist States in providing 
high-quality and comprehensive educational programs (including, 
as appropriate, instructional and educationally related support 
services), during the regular school year and summer or 
intersession periods, that address the unique educational needs 
of migratory children arising from their migratory lifestyle, 
in order to help such children--
          (1) succeed in school;
          (2) meet the same State college and career ready 
        academic content and student academic achievement 
        standards under section 1111(a)(1) that all children 
        are expected to meet;
          (3) graduate high school ready for higher education 
        and careers; and
          (4) 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.

           *       *       *       *       *       *       *


SEC. 1302. PROGRAM AUTHORIZED.

  [In order to carry out the purpose of this part]From the 
amounts made available under section 3(d) for a fiscal year to 
carry out this part, the Secretary shall make grants to State 
educational agencies, or [combinations]consortia of such 
agencies, [to establish]to enable such agencies or consortia 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.]
  (a) State Allocations.--Except as provided in subsection (b), 
the amount awarded to each State (other than the Commonwealth 
of Puerto Rico) under this part for each fiscal year shall be 
an amount equal to the product of--
          (1) the sum of--
                  (A) the average number of identified eligible 
                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 part 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 calculated under 
        this paragraph shall not be less than 32 percent, or 
        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 2011 through 2013, no State receiving an 
allocation under this section shall receive less than 90 
percent of the State's allocation under this section for the 
previous year.
  [(b)](c) Allocation to [Puerto Rico.--
          (1) In general.--For each]Puerto Rico._For each 
        fiscal year, the grant [which]that 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)]subsection (g) if such subsection 
        applied to the Commonwealth of Puerto Rico by the 
        product of--
                  [(A)]
          (1) the percentage [which]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 paragraph shall not be less than 85 percent; and
                  [(B)]
          (2) 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)](d) 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]In general.--
                  (A) Ratable reductions.--If the amount 
                available for allocations to States under 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]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 part.
          (2) [Special rule.--(A) The]Special rule.--
                  (A) Further reductions._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]needed to carry out the 
                approved activities in the application under 
                section 1304.
                  (B) [The Secretary shall]Reallocation._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.
                  (C) Additional requirements.--The Secretary--
                          (i) shall--
                                  (I) develop and implement a 
                                procedure for monitoring the 
                                accuracy of the information 
                                described in subparagraph (A); 
                                and
                                  (II) issue, through 
                                regulations or guidance, 
                                criteria for a system of State 
                                quality control for the 
                                accuracy of State counts of 
                                eligible migratory children; 
                                and
                          (ii) may not reduce the amount of a 
                        State allocation under this paragraph 
                        on the basis of unintentional errors in 
                        such counts for States implementing a 
                        system of State quality control that 
                        meets the criteria described in clause 
                        (i)(II), if the discrepancy between the 
                        initial State count and any subsequent 
                        revisions is minimal.
  [(d)](e) * * *

           *       *       *       *       *       *       *

  [(e)](f) Determining Numbers of Eligible Children.--In order 
to best serve migratory children under this part and 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]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, if such a procedure 
        does not create barriers to the families of migratory 
        children who are eligible for services under this part;
          [(2)](3) [develop and implement a procedure for more 
        accurately reflecting]update such procedure, and 
        implement the updated procedure, to more accurately 
        reflect the cost factors for different types of summer 
        and intersession program designs;
          [(3)](4) 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 of high-
                quality, sustained, and intensive education 
                services provided under this part that operate 
                during the summer and intersession periods; and

           *       *       *       *       *       *       *

          [(4)](5) conduct an analysis of the options for 
        adjusting the formula so as to better direct services 
        to [the child whose education has been 
        interrupted]migratory children.
  (g) Nonparticipating States.--In the case of a State desiring 
to receive an allocation under this part 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. 1304. STATE APPLICATIONS; SERVICES.

  (a) Application Required.--* * *
  (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]unique educational needs 
        of migratory children, including preschool migratory 
        children and out of school migratory children, are 
        identified and addressed through--
                  (A) * * *
                  (B) joint planning among local, State, and 
                Federal educational programs serving 
                [migrant]migratory children, including language 
                instruction educational programs under [part A 
                or B of title III]part A of title III;

           *       *       *       *       *       *       *

          (2) a description of the steps the State is taking to 
        provide all [migratory students]migratory children with 
        the opportunity to meet the [same challenging State 
        academic content standards and challenging State 
        student academic achievement standards that]same State 
        college and career ready academic content and student 
        academic achievement standards adopted under section 
        1111(a)(1) that all children are expected to meet;
          (3) a description of how the State will meet the 
        requirements of section 1308(b) for the timely 
        electronic transfer of student records and how the 
        State will use such records transfer to meet the unique 
        educational needs of migratory students and remove 
        barriers to the proper enrollment and retention of 
        migratory children in schools;
          [(3)](4) 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]require and using the 
        linkage system described in section 1308(b), the State 
        and each of its local operating agencies 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]another or from 1 school district to another, 
        whether or not [such move]such a move occurs during the 
        regular school year;
          [(4)](5) * * *
          [(5)](6) * * *
          [(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]family literacy activities if 
        the [program or project serves]programs and projects 
        serve a substantial number of migratory children [who 
        have parents who]whose parents do not have a high 
        school diploma or its recognized equivalent or who have 
        low levels of literacy[.]; and
          (8) such budgetary and other information as the 
        Secretary may require.
  (c) Assurances.* * *

           *       *       *       *       *       *       *

          (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]part F;
          [(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;]
          (3) in the planning and operation of programs and 
        projects at both the State and local agency operating 
        levels, there is consultation with parent advisory 
        councils for programs of not less than 1 school year in 
        duration, and that all such programs and projects are--
                  (A) conducted in a manner that provides for 
                the same parental involvement as is required 
                for programs and projects under section 1118, 
                including, to the extent practicable, 
                descriptions required for parental involvement 
                under section 1118(a)(3)(A), unless 
                extraordinary circumstances make such provision 
                impractical; and
                  (B) are developed 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 and migratory children who 
        are not attending school;

           *       *       *       *       *       *       *

          (6) to the extent feasible, such programs and 
        projects will provide for--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) family literacy programs, including such 
                programs that use models developed under Even 
                Start;]
                  (C) family literacy programs that are 
                determined to be high quality;

           *       *       *       *       *       *       *

          [(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.]
          (7) the State has procedures in place to verify the 
        accuracy and completeness of any data regarding the 
        counting of migratory children that is submitted to the 
        Secretary under this part.

           *       *       *       *       *       *       *

  (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.]who have made a 
move within the previous 1-year period and who--
          (1) are failing, or most at risk of failing, to meet 
        the State college and career ready academic content 
        standards and student academic achievement standards 
        adopted under section 1111(a)(1); or
          (2) have dropped out of school.
  (e) Continuation of Services.--Notwithstanding any other 
provision of this part--
          (1) * * *
          (2) a child who is no longer a migratory child may 
        continue to receive services for [1]one additional 
        school year, but only if comparable services are not 
        available through other programs; and
          (3) [secondary school students]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.

           *       *       *       *       *       *       *


  (b) Peer Review.--The Secretary [may]shall, to the extent 
practicable, 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]unique educational needs of migratory 
        children, consistent with the purposes of this part, in 
        accordance with a comprehensive State plan that--
                  (A) * * *
                  [(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;]
                  (B) addresses the unique educational needs of 
                migratory children;
                  (C) is developed in collaboration with 
                parents of migratory children;
                  (D) is not used to supplant State efforts 
                regarding, or administrative funding for, this 
                part;
                  [(C)](E) 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]same State college 
                and career ready academic content and student 
                academic achievement standards adopted under 
                section 1111(a)(1) that all children are 
                expected to meet;
                  [(D)](F) * * *
                  [(E)](G) * * *
                  [(F)](H) is the product of joint planning 
                among such local, State, and Federal programs, 
                including programs under part A, [early 
                childhood programs,]early childhood care and 
                education programs, and language instruction 
                educational programs under [part A or B of 
                title III]part A of title III; and
                  [(G)](I) * * *

           *       *       *       *       *       *       *

  (b) Authorized Activities.--
          (1) Flexibility.--In implementing the comprehensive 
        plan described in subsection (a), each State 
        educational agency, where applicable through its [local 
        educational]local operating 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).]
          (2) Unmet needs.--Funds provided under this part 
        shall be used to meet the needs of migratory children 
        that are not met 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 meets the needs 
        described in paragraph (1).

           *       *       *       *       *       *       *

          (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]unique 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]award grants to, or 
enter into contracts with, any public or private nonprofit 
agency to carry out the purpose of this part in such State if 
the Secretary determines that--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 1308. [COORDINATION OF MIGRANT EDUCATION ACTIVITIES.] NATIONAL 
                    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]entities to--
                  (A) 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[.]; and
                  (B) improve the coordination between State 
                educational agencies, local operating agencies, 
                and their counterparts in other nations in 
                educating migratory children who move between 
                the United States and such nations.
          (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 effective methods for the electronic 
        transfer of student records and in determining the 
        number of migratory children in each State.]
          (1) Assistance.--In order to determine the number of 
        migratory children in each State, the Secretary shall 
        assist each State in maintaining an effective system 
        for the electronic transfer of student records.
          (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--] The Secretary, in 
                consultation with the States, shall continue to 
                ensure the linkage of migratory child record 
                systems for the purpose of electronically 
                exchanging, within and among the States, health 
                and educational information regarding all 
                migratory children eligible under this part. 
                The Secretary shall ensure such linkage occurs 
                in a cost-effective manner, utilizing systems 
                used by the State prior to, or developed after, 
                the date of enactment of the Elementary and 
                Secondary Education Reauthorization Act of 
                2011. The Secretary shall determine the minimum 
                data elements that each State receiving funds 
                under this part shall collect, maintain, and 
                exchange, and the requirements of the linkage 
                system that States shall meet for the timely 
                submission of access to such information. Such 
                minimum data elements may include--
                          (i) * * *
                          (ii) elementary and secondary 
                        academic history (including partial 
                        credit), credit accrual, and results 
                        from State assessments required under 
                        [section 1111(b)]section 1111(a)(2);

           *       *       *       *       *       *       *

                  [(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.]
                  (B) Consultation.--The Secretary shall 
                maintain ongoing consultation with the States, 
                local educational agencies, and other migratory 
                student service providers on--
                          (i) the effectiveness of the system 
                        of electronic records transfer 
                        described in subparagraph (A); and
                          (ii) the ongoing improvement of such 
                        system.

           *       *       *       *       *       *       *

          (4) Report to congress.--
                  (A) In general.--Not later than April 30, 
                [2003]2012, and every 2 years thereafter, 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 
                authorizing committees 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) * * *
                          (ii) recommendations for [the 
                        development and linkage of]maintaining 
                        such systems; and
                          (iii) recommendations for [measures 
                        that may be taken to ensure]improving 
                        the continuity of services provided for 
                        migratory students.
  (c) Technical Assistance.--The Secretary may provide 
technical assistance designed to support State efforts to meet 
the needs of migratory children, which may include supporting 
the attendance of State and local operating agency staff, and 
other appropriate individuals, at special meetings convened by 
the Secretary in order to carry out activities consistent with 
this section.
  (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]described in section 
1304(d).
  [(e) Data Collection.--The Secretary shall direct the 
National Center for Education Statistics to collect data on 
migratory children.]
  (e) Improvements and Coordination.--From any funds made 
available under this section and remaining after carrying out 
the requirements under subsections (b) and (d), 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' and 
entities' programs available to migratory students consistent 
with this section, including the establishment or improvement 
of programs for academic credit accrual and exchange.
  [(c)](f) * * *

           *       *       *       *       *       *       *


SEC. 1309. PERFORMANCE DATA.

  Consistent with section 1111(d)(3)(B), and in a manner 
prescribed by the Secretary, each State that receives a grant 
under this part shall annually submit to the Secretary, and 
make public, data on--
          (1) the academic achievement of migratory students, 
        as measured by the State assessments required under 
        section 1111(a)(2);
          (2) such students' high school graduation rates and 
        rates of enrollment and persistence in, and completion 
        of a program of study at, institutions of higher 
        education; and
          (3) the results of such other performance measures 
        and targets as the Secretary may prescribe.

SEC. 1310. EVALUATION AND STUDY.

  (a) Program Evaluation.--From the amount reserved for 
evaluation activities in accordance with section 9601(a), the 
Secretary, acting through the Director of the Institute of 
Education Sciences, shall, in consultation with the relevant 
program office at the Department, evaluate the implementation 
and impact of the activities supported under this part, 
consistent with section 9601.
  (b) Study.--The Secretary shall conduct a pilot study, funded 
as part of the 2012 National Assessment of Educational 
Progress, on the feasibility of using the National Assessment 
of Educational Progress for assessing and reporting on the 
academic achievement of migratory children in grades 4 and 8 in 
reading and mathematics.

SEC. 1311. STATE ASSISTANCE IN DETERMINING NUMBER OF MIGRATORY 
                    CHILDREN.

  Each State that desires to receive assistance under this part 
shall assist the Secretary in determining the number of 
migratory children in such State under paragraphs (1) and (2) 
of subsection (a), and subsection (g), of section 1303 through 
such procedures as the Secretary may require, except that the 
Secretary shall not require additional information that is not 
directly related to determining the migratory status of the 
child or the administration of this part.

SEC. [1309]1312. DEFINITIONS.

  As used in this part:
          (1) Food processor.--The term ``food processor'' 
        means a position working with a raw agricultural, 
        dairy, or fishing product and transforming the product 
        into a more refined product up to the point of an 
        initial commercial sale.
          (2) Initial commercial sale.--The term ``initial 
        commercial sale'' means the first point of sale of an 
        agricultural, dairy, or fishing product--
                  (A) for refining to the next-stage processor;
                  (B) to the wholesaler;
                  (C) to the retailer; or
                  (D) directly to the consumer.
          [(1)](3) 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.
          (4) Migratory agricultural worker.--The term 
        ``migratory agricultural worker'' means an individual 
        who--
                  (A) made a qualifying move in the preceding 
                36-month period; and
                  (B) after making such move, sought or engaged 
                in employment in agricultural work, which may 
                be dairy work or the initial processing of raw 
                agricultural products.
          [(2)](5) 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.]
          (5) Migratory child.--The term ``migratory child'' 
        means a child who--
                  (A) is, or whose parent or spouse is, a 
                migratory agricultural worker or migratory 
                fisher who is currently engaged in, or seeking 
                to obtain, temporary or seasonal employment, 
                usually for not longer than 15 months, in 
                agricultural or fishing work until the point of 
                the initial commercial sale (including 
                employment as a migratory dairy worker, a food 
                processor, or a migratory fisher); and
                  (B) in the preceding 36 months--
                          (i) has moved from 1 school district 
                        to another;
                          (ii) in a State that is comprised of 
                        a single school district, has moved 
                        from 1 administrative area to another 
                        within such district; or
                          (iii) 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, 
                        or to accompany a parent or spouse 
                        engaging in, a fishing activity.
          (6) Migratory fisher.--The term ``migratory fisher'' 
        means an individual who made a qualifying move in the 
        preceding 36 months and, after doing so, sought or 
        engaged in employment in fishing work.
          (7) Qualifying move.--The term ``qualifying move''--
                  (A) means--
                          (i) a move from 1 school district to 
                        another, or from 1 administrative area 
                        to another within a State that is 
                        comprised of a single school district; 
                        and
                          (ii) in the case of a migratory 
                        fisher who resides in a school district 
                        of more than 15,000 square miles, 
                        includes migrating a distance of 20 
                        miles or more to a temporary residence; 
                        and
                  (B) with respect to a qualifying move for a 
                parent or spouse of a migratory child, means a 
                move described in subparagraph (A) that is 
                separated by not more than 1 year from the move 
                or migration described in paragraph (5)(B) of 
                the migratory child.

           *       *       *       *       *       *       *


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]college and career ready academic content 
        standards and student academic achievement standards 
        under section 1111(a)(1) that all children in the State 
        are expected to meet;

           *       *       *       *       *       *       *

          (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)]3(e), 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. 1412. ALLOCATION OF FUNDS.

           *       *       *       *       *       *       *


  (b) Subgrants to State Agencies in Puerto Rico.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          [(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.]
          (2) Minimum percentage.--The percentage in paragraph 
        (1)(A) shall not be less than 85 percent.

           *       *       *       *       *       *       *


SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.

  (a) State Plan.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

                  (B) for assisting in the transition of 
                children and youth [from]between correctional 
                facilities [to]and locally operated programs; 
                and

           *       *       *       *       *       *       *

          (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]college and career readiness (as 
                determined based on the State college and 
                career ready academic content and student 
                academic achievement standards under section 
                1111(a)(1)) 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) * * *

           *       *       *       *       *       *       *

                          (iv) provide such other information 
                        as the Secretary may reasonably 
                        require[.]; and
                  (D) provide assurances that the State 
                educational agency has established--
                          (i) procedures to ensure that each 
                        student who has been placed in the 
                        juvenile justice system is promptly re-
                        enrolled in secondary school or placed 
                        in a re-entry program that best meets 
                        the educational and social needs of the 
                        student;
                          (ii) procedures for facilitating the 
                        transfer of credits that such students 
                        earned during placement; and
                          (iii) opportunities for such students 
                        to participate in higher education or 
                        career pathways.

           *       *       *       *       *       *       *

  (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 and 
        respond to the educational needs of the children to be 
        served under this subpart, including an assessment upon 
        entry into a correctional facility;

           *       *       *       *       *       *       *

          (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]career and technical education programs, 
        State and local dropout prevention programs, and 
        special education programs;
          (9) describes how the State agency will 
        [encourage]require, to the extent practicable, 
        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 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 and 
        that transition plans are in place;

           *       *       *       *       *       *       *

          (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 such children and 
        youth [from]between such facility or [institution to 
        locally operated]institution and locally operated 
        education programs;

           *       *       *       *       *       *       *

          (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 and obtain a secondary school diploma once the 
        term of the incarceration is completed or provide the 
        child or youth with the skills necessary to gain 
        employment that leads to economic self-sufficiency, 
        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 certified or licensed 
        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;

           *       *       *       *       *       *       *


SEC. 1415. USE OF FUNDS.

  (a) Uses.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

                  (B) concentrate on providing participants 
                with the knowledge and skills needed to make a 
                successful transition to secondary school 
                completion, [vocational]career or technical 
                training, further education, or employment.
          (2) Programs and projects.--* * *

           *       *       *       *       *       *       *

                  (B) * * *
                          (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]college and 
                        career ready academic content standards 
                        and student academic achievement 
                        standards under section 1111(a)(1);

           *       *       *       *       *       *       *

                          (iii) afford such children and youth 
                        an opportunity to meet 
                        [challenging]such State academic 
                        achievement standards;
                  (C) shall be carried out in a manner 
                consistent with section 1120A and [part I]part 
                F (as applied to programs and projects under 
                this part); [and]
                  (D) may include the costs of meeting the 
                evaluation requirements of section 9601[.]; and
                  (E) may include the costs of testing for such 
                children and youth for a recognized equivalent 
                of a secondary school diploma.

           *       *       *       *       *       *       *


SEC. 1416. INSTITUTION-WIDE PROJECTS.

           *       *       *       *       *       *       *


          (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]college and career ready academic 
        content standards and student academic achievement 
        standards under section 1111(a)(1) 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]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) and the development 
        and implementation of transition plans;

           *       *       *       *       *       *       *

          (6) describes the measures and procedures that will 
        be used to assess and improve student progress;

           *       *       *       *       *       *       *


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]between State-operated 
        institutions [to schools]and 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]career and 
        technical training programs, through strategies 
        designed to expose the youth to, and prepare the youth 
        for, postsecondary education, or [vocational]career and 
        technical training programs, such as--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) essential support services to ensure the 
                success of the youth, such as--
                          (i) personal, [vocational]career and 
                        technical, and academic, counseling;

           *       *       *       *       *       *       *


[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.]

SEC. 1419. PROGRAM EVALUATION.

  From the amount reserved for evaluation activities in 
accordance with section 9601(a), the Secretary, acting through 
the Director of the Institute for Education Sciences, shall, in 
consultation with the relevant program office of the 
Department, evaluate the implementation and impact of the 
activities supported under this part, consistent with section 
9601.

           *       *       *       *       *       *       *


                    Subpart 2--Local Agency Programs

SEC. 1421. PURPOSE.

           *       *       *       *       *       *       *


          (1) to carry out high quality education programs to 
        prepare children and youth for secondary school 
        completion[, training, employment, or further 
        education] and college and career readiness (as 
        determined based on the State college and career ready 
        academic content and student academic achievement 
        standards under section 1111(a)(1));

           *       *       *       *       *       *       *


SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

           *       *       *       *       *       *       *


  (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]meet the transitional needs (including the social 
and emotional needs) 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]meeting such transitional and 
academic needs of the students returning from correctional 
facilities.

           *       *       *       *       *       *       *


SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

           *       *       *       *       *       *       *


          (1) * * *

           *       *       *       *       *       *       *

          (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,]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;

           *       *       *       *       *       *       *

          (8) as appropriate, a description of how the program 
        will involve parents and family members 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]career and technical 
        education programs serving at-risk children and youth;

           *       *       *       *       *       *       *


SEC. 1424. USES OF FUNDS.

           *       *       *       *       *       *       *


          (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];

           *       *       *       *       *       *       *

          (4) special programs to meet the unique academic 
        needs of participating children and youth, including 
        [vocational and technical education]career and 
        technical education, costs associated with testing for 
        a recognized equivalent of a secondary school diploma, 
        special education, career counseling, curriculum-based 
        youth entrepreneurship education, and assistance in 
        securing student loans or grants for postsecondary 
        education; and

           *       *       *       *       *       *       *


SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING 
                    FUNDS UNDER THIS SECTION.

           *       *       *       *       *       *       *


          (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]career 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[.];
          (12) develop an initial educational services and 
        transition plan for each child or youth served under 
        this subpart upon entry into the correctional facility, 
        in partnership with the child or youth's family members 
        and the local educational agency that most recently 
        provided services to the child or youth (if 
        applicable), consistent with section 1414(a)(1); and
          (13) 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. 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.]

SEC. 1426. ACCOUNTABILITY.

  The State educational agency--
          (1) shall require correctional facilities or 
        institutions for delinquent children and youth to 
        annually report on the number of children and youth 
        released from the correctional facility or institution 
        who returned or did not return to school, the number of 
        children and youth obtaining a secondary school diploma 
        or its recognized equivalent, and the number of 
        children and youth obtaining employment; and
          (2) may require correctional facilities or 
        institutions for 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.--* * *
          (1) to maintain and improve educational achievement, 
        including the ability to become college and career 
        ready, as determined under the State academic content 
        and student academic achievement standards under 
        section 1111(a)(1), and to graduate high school in the 
        standard number of years;

           *       *       *       *       *       *       *


SEC. 1432. DEFINITIONS.

           *       *       *       *       *       *       *


          [(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.]
          (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 or has been 
                determined to be neglected in the past, is a 
                gang member, or has dropped out of school in 
                the past.

           *       *       *       *       *       *       *


                [PART E--NATIONAL ASSESSMENT OF TITLE I]

[SEC. 1501. [20 U.S.C. 6491] EVALUATIONS.]

  [(a) National Assessment of Title I.--
          [(1) In general.--The Secretary 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 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.
                  [(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.
                  [(C) The implementation of State academic 
                standards, assessments, and accountability 
                systems developed under this title, including--
                          [(i) the time and cost required for 
                        the development of academic assessments 
                        for students in grades 3 through 8;
                          [(ii) how well such State assessments 
                        meet the requirements for assessments 
                        described in this title; and
                          [(iii) the impact of such standards, 
                        assessments, and accountability systems 
                        on educational programs and instruction 
                        at the local level.
                  [(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) How schools, local educational agencies, 
                and States have--
                          [(i) publicized and disseminated the 
                        local educational agency report cards 
                        required under section 1111(h)(2) to 
                        teachers, school staff, students, 
                        parents, and the community;
                          [(ii) used funds made available under 
                        this title to provide preschool and 
                        family literacy services and the impact 
                        of these services on students' school 
                        readiness;
                          [(iii) implemented the provisions of 
                        section 1118 and afforded parents 
                        meaningful opportunities to be involved 
                        in the education of their children;
                          [(iv) used Federal, State, and local 
                        educational agency funds and resources 
                        to support schools and provide 
                        technical assistance to improve the 
                        achievement of students in low-
                        performing schools, including the 
                        impact of the technical assistance on 
                        such achievement; and
                          [(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.
                  [(F) 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) The costs as compared to the benefits of 
                the activities assisted under this title.
                  [(I) The extent to which actions authorized 
                under section 1116 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) The extent to which State and local 
                fiscal accounting requirements under this title 
                affect the flexibility of schoolwide programs.
                  [(K) The implementation and impact of the 
                professional development activities assisted 
                under this title and title II on instruction, 
                student academic achievement, and teacher 
                qualifications.
                  [(L) 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) The effectiveness of Federal 
                administration assistance made available under 
                this title, including monitoring and technical 
                assistance.
                  [(N) The academic achievement of the groups 
                of students described in section 
                1111(b)(2)(C)(v)(II).
                  [(O) Such other issues as the Secretary 
                considers appropriate.
          [(3) Sources of information.--In conducting the 
        assessment under this subsection, the Secretary 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 shall--
                  [(A) coordinate the national assessment under 
                this subsection with the longitudinal study 
                described in subsection (c); and
                  [(B) ensure that the independent review panel 
                described in subsection (d) participates in 
                conducting the national assessment under this 
                subsection, including planning for and 
                reviewing the assessment.
          [(5) Developmentally appropriate measures.--In 
        conducting the national assessment under this 
        subsection, the Secretary 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, the Secretary 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, the Secretary 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 may, directly 
        or through awarding grants to or entering into 
        contracts with appropriate entities--
                  [(A) assess the implementation and 
                effectiveness of programs under this title;
                  [(B) collect the data necessary to comply 
                with the Government Performance and Results Act 
                of 1993; and
                  [(C) provide guidance and technical 
                assistance to State educational agencies and 
                local educational agencies in developing and 
                maintaining management information systems 
                through which such agencies may develop program 
                performance indicators to improve services and 
                performance.
          [(2) Minimum information.--In carrying out this 
        subsection, the Secretary 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 shall conduct a 
        longitudinal study of schools receiving assistance 
        under part A.
          [(2) Issues to be examined.--In carrying out this 
        subsection, the Secretary shall ensure that the study 
        referred to in paragraph (1) provides Congress and 
        educators with each of the following:
                  [(A) An accurate description and analysis of 
                the short- and long-term effect of the 
                assistance made available under this title on 
                academic achievement.
                  [(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.
                  [(C) An analysis of educational practices or 
                model programs that are effective in improving 
                the achievement of disadvantaged children.
                  [(D) An analysis of the costs as compared to 
                the benefits of the assistance made available 
                under this title in improving the achievement 
                of disadvantaged children.
                  [(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.
                  [(F) Such other information as the Secretary 
                considers appropriate.
          [(3) Scope.--In conducting the study referred to in 
        paragraph (1), the Secretary shall ensure that the 
        study--
                  [(A) bases its analysis on a nationally 
                representative sample of schools participating 
                in programs under this title;
                  [(B) to the extent practicable, includes in 
                its analysis students who transfer to different 
                schools during the course of the study; and
                  [(C) analyzes varying models or strategies 
                for delivering school services, including--
                          [(i) schoolwide and targeted 
                        services; and
                          [(ii) comprehensive school reform 
                        models.
  [(d) Independent Review Panel.--
          [(1) In general.--The Secretary shall establish an 
        independent review panel (in this subsection referred 
        to as the ``Review Panel'') to advise the Secretary 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 shall appoint members of the 
                Review Panel from among qualified individuals 
                who are--
                          [(i) specialists in statistics, 
                        evaluation, research, and assessment;
                          [(ii) education practitioners, 
                        including teachers, principals, and 
                        local and State superintendents;
                          [(iii) parents and members of local 
                        school boards or other organizations 
                        involved with the implementation and 
                        operation of programs under this title; 
                        and
                          [(iv) other individuals with 
                        technical expertise who will contribute 
                        to the overall rigor and quality of the 
                        program evaluation.
                  [(B) Limitations.--In appointing members of 
                the Review Panel, the Secretary shall ensure 
                that--
                          [(i) in order to ensure diversity, 
                        the Review Panel includes individuals 
                        appointed under subparagraph (A)(i) who 
                        represent disciplines or programs 
                        outside the field of education; and
                          [(ii) the total number of the 
                        individuals appointed under 
                        subparagraph (A)(ii) or (A)(iv) does 
                        not exceed one-fourth of the total 
                        number of the individuals appointed 
                        under this paragraph.
          [(3) Functions.--The Review Panel shall consult with 
        and advise the Secretary--
                  [(A) to ensure that the assessment conducted 
                under subsection (a) and the study conducted 
                under subsection (c)--
                          [(i) adhere to the highest possible 
                        standards of quality with respect to 
                        research design, statistical analysis, 
                        and the dissemination of findings; and
                          [(ii) use valid and reliable measures 
                        to document program implementation and 
                        impacts; and
                  [(B) to ensure--
                          [(i) that the final report described 
                        in subsection (a)(6)(B) is reviewed not 
                        later than 120 days after its 
                        completion by not less than two 
                        independent experts in program 
                        evaluation (who may be from among the 
                        members of the Review Panel appointed 
                        under paragraph (2));
                          [(ii) that such experts evaluate and 
                        comment on the degree to which the 
                        report complies with subsection (a); 
                        and
                          [(iii) that the comments of such 
                        experts are transmitted with the report 
                        under subsection (a)(6)(B).]

[SEC. 1502. [20 U.S.C. 6492] 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. [20 U.S.C. 6493] ASSESSMENT EVALUATION. ]

  [(a) In General.--The Secretary 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 is authorized to 
award a contract, through a peer review process, to an 
organization or entity capable of conducting rigorous, 
independent research. The Assistant Secretary of Educational 
Research and Improvement shall appoint peer reviewers to 
evaluate the applications for this contract.
  [(c) Study.--The study shall--
          [(1) synthesize and analyze existing research that 
        meets standards of quality and scientific rigor; and
          [(2) evaluate academic assessment and accountability 
        systems in State educational agencies, local 
        educational agencies, and schools; and
          [(3) make recommendations to the Department and to 
        the Committee on Education and the Workforce of the 
        United States House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of 
        the United States Senate, based on the findings of the 
        study.
  [(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, and 
                progress toward closing achievement gaps, based 
                on independent measures;
                  [(B) changes in course offerings, teaching 
                practices, course content, and instructional 
                material;
                  [(C) changes in turnover rates among 
                teachers, principals, and pupil-services 
                personnel;
                  [(D) changes in dropout, grade-retention, and 
                graduation rates for students; and
                  [(E) such other effects as may be 
                appropriate;
          [(2) the effect of the academic assessments on 
        students with disabilities;
          [(3) the effect of the academic assessments on low, 
        middle, and high socioeconomic status students, limited 
        and nonlimited English proficient students, racial and 
        ethnic minority students, and nonracial or nonethnic 
        minority students;
          [(4) guidelines for assessing the validity, 
        reliability, and consistency of those systems using 
        nationally recognized professional and technical 
        standards;
          [(5) the relationship between accountability systems 
        and the inclusion or exclusion of students from the 
        assessment system; and
          [(6) such other factors as the Secretary finds 
        appropriate.
  [(e) Reporting.--Not later than 3 years after the contract 
described in subsection (b) is awarded, the organization or 
entity conducting the study shall submit an interim report to 
the Committee on Education and the Workforce of the United 
States House of Representatives and the Committee on Health, 
Education, Labor and Pensions of the United States Senate, and 
to the President and the States, and shall make the report 
widely available to the public. The organization or entity 
shall submit a final report to the same recipients as soon as 
possible after the completion of the study. Additional reports 
may be periodically prepared and released as necessary.
  [(f) Reservation of Funds.--The Secretary may reserve up to 
15 percent of the funds authorized to be appropriated for this 
part to carry out the study, except such reservation of funds 
shall not exceed $1,500,000.]

[SEC. 1504. [20 U.S.C. 6494] 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 E--EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE

SEC. 1501. EDUCATIONAL STABILITY OF CHILDREN IN FOSTER CARE.

  (a) Obligations To Collaborate With Child Welfare Agencies.--
          (1) In general.--Each State educational agency 
        receiving assistance under part A shall collaborate 
        with the State agency responsible for administering the 
        State plans under parts B and E of title IV of the 
        Social Security Act (42 U.S.C. 621 et seq., 670 et 
        seq.) to develop and implement a plan to ensure that 
        the following occurs, for each child in the State, when 
        the child moves to a new school attendance area as a 
        result of being placed in foster care (as described in 
        section 1502(1)), changing foster care placements, or 
        leaving foster care:
                  (A) Attendance at a school of origin.--
                          (i) In general.--The child enrolls or 
                        remains in the child's school of 
                        origin, unless a determination is made 
                        that it is in the child's best interest 
                        to attend a different school.
                          (ii) Limitation.--A child who leaves 
                        foster care shall only be entitled to 
                        remain in the child's school of origin 
                        for the remainder of the school year.
                  (B) Immediate enrollment.--When a 
                determination is made regarding the school that 
                it is in the best interest of a child in foster 
                care to attend, the child shall be immediately 
                enrolled in such school, even if the child is 
                unable to produce records normally required for 
                enrollment, such as previous academic records, 
                immunization and medical records, a birth 
                certificate, guardianship records, proof of 
                residency, or other documentation.
                  (C) Records transfer.--Any records ordinarily 
                kept by a school, including records of 
                immunizations, health screenings, and other 
                required health records, academic records, 
                birth certificates, evaluations for special 
                services or programs, and any individualized 
                education programs (as defined in section 602 
                of the Individuals with Disabilities Education 
                Act (20 U.S.C. 1401)), regarding a child in 
                foster care shall be--
                          (i) maintained so that the records 
                        involved are available, in a timely 
                        fashion, when a child in foster care 
                        enters a new school; and
                          (ii) immediately transferred to the 
                        enrolling school, even if the child 
                        owes fees or fines or was not withdrawn 
                        from previous schools in conformance 
                        with local withdrawal procedures.
          (2) Implementation.--Each State educational agency 
        receiving assistance under part A shall ensure that the 
        plan described in paragraph (1) is implemented by the 
        local educational agencies in the State.
  (b) Credit Transfer and Diplomas.--Each State that receives 
assistance under part A shall have policies for ensuring that--
          (1) a child in foster care who is changing schools 
        can transfer school credits and receive partial credits 
        for coursework satisfactorily completed while attending 
        a prior school or educational program;
          (2) a child in foster care is afforded opportunities 
        to recover school credits lost due to placement 
        instability while in foster care; and
          (3) a child in foster care who has changed secondary 
        schools can receive a secondary school diploma either 
        from one of the schools in which the child was enrolled 
        or through a State-issued secondary school diploma 
        system, consistent with State graduation requirements.
  (c) Transportation.--Not later than 1 year after the date of 
enactment of the Elementary and Secondary Education 
Reauthorization Act of 2011, the State educational agency shall 
enter into an agreement with the State agency responsible for 
administering the State plans under parts B and E of title IV 
of the Social Security Act to ensure that children in foster 
care, and children leaving foster care, who are attending their 
schools of origin receive transportation to and from those 
schools, in accordance with subsection (a)(1) and with section 
475(1)(G) of the Social Security Act (42 U.S.C. 675(1)(G)). The 
agreement shall include a description of the following:
          (1) How foster care maintenance payments will be used 
        to help fund the transportation of children in foster 
        care to their schools of origin.
          (2) How children who leave foster care will receive 
        transportation to maintain their enrollment in their 
        schools of origin for the remainder of the academic 
        year, if remaining in their schools of origin is in 
        their best interests.
  (d) Points of Contact.--
          (1) Local educational agencies.--A State that 
        receives assistance under part A shall ensure that each 
        local educational agency in the State designates an 
        individual employed by the agency to serve as a point 
        of contact for the child welfare agencies responsible 
        for children in foster care enrolled in the local 
        educational agency and to oversee the implementation of 
        the local educational agency requirements under this 
        section. A local educational agency's point of contact 
        shall not be the individual designated as its local 
        educational agency liaison under section 
        722(g)(1)(J)(ii) of the McKinney-Vento Homeless 
        Assistance Act, unless such individual has the 
        capacity, resources, and time to perform both roles.
          (2) State educational agencies.--Each State 
        educational agency receiving assistance under part A 
        shall designate an individual to serve as a point of 
        contact for child welfare agencies and to oversee the 
        implementation of the State educational agency 
        requirements under this section. A State educational 
        agency's point of contact shall not be the individual 
        designated as the State's Coordinator for Education of 
        Homeless Children and Youths under section 722(d)(3) of 
        the McKinney-Vento Homeless Assistance Act, unless such 
        individual has the capacity, resources, and time to 
        perform both roles.

SEC. 1502. DEFINITIONS.

  In this part:
          (1) Child in foster care.--The term ``child in foster 
        care'' means a child whose care and placement is the 
        responsibility of the agency that administers a State 
        plan under part B or E of title IV of the Social 
        Security Act (42 U.S.C. 621 et seq., 670 et seq.), 
        without regard to whether foster care maintenance 
        payments are made under section 472 of the Social 
        Security Act (42 U.S.C. 672) on behalf of the child.
          (2) School attendance area.--The term ``school 
        attendance area'' has the meaning given the term in 
        section 1113(a)(2).
          (3) School of origin.--The term ``school of origin'' 
        means, with respect to a child in foster care, any of 
        the following:
                  (A) The public school in which the child was 
                enrolled prior to entry into foster care.
                  (B) The public school in which the child is 
                enrolled when a change in foster care placement 
                occurs.
                  (C) The public school the child attended when 
                last permanently housed, as such term is used 
                in section 722(g)(3)(G) of the McKinney-Vento 
                Homeless Assistance Act (42 U.S.C. 
                11432(g)(3)(G)), if such child was eligible for 
                assistance under such Act before the child 
                became a child in foster care.

           *       *       *       *       *       *       *


                 [PART F--COMPREHENSIVE SCHOOL REFORM]

[SEC. 1601. [20 U.S.C. 6511] 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. [20 U.S.C. 6512] 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. [20 U.S.C. 6513] 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. [20 U.S.C. 6514] 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. [20 U.S.C. 6515] 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. [20 U.S.C. 6516] 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. [20 U.S.C. 6517] 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. [20 U.S.C. 6518] 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. [20 U.S.C. 6531] SHORT TITLE.]

  [This part may be cited as the ``Access to High Standards 
Act''.]

[SEC. 1702. [20 U.S.C. 6532] 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. [20 U.S.C. 6533] 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. [20 U.S.C. 6534] 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. [20 U.S.C. 6535] 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. [20 U.S.C. 6536] 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. [20 U.S.C. 6537] 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. [20 U.S.C. 6551] SHORT TITLE.]

  [This part may be cited as the ``Dropout Prevention Act''.]

[SEC. 1802. [20 U.S.C. 6552] 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. [20 U.S.C. 6553] 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. [20 U.S.C. 6555] 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. [20 U.S.C. 6561] 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. [20 U.S.C. 6561A] 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. [20 U.S.C. 6561B] 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. [20 U.S.C. 6561C] 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. [20 U.S.C. 6561D] 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. [20 U.S.C. 6561E] 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. [20 U.S.C. 6561F] 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. [20 U.S.C. 6561G] 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. [20 U.S.C. 6561H] 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. [20 U.S.C. 6561I] 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. ]

           *       *       *       *       *       *       *


                  [PART I] PART F--GENERAL PROVISIONS

SEC. [1901]1601. FEDERAL REGULATIONS.

           *       *       *       *       *       *       *


  (b) Negotiated Rulemaking 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]Elementary and Secondary Education 
                Reauthorization Act of 2011; and

           *       *       *       *       *       *       *


[SEC. 1902]1602. AGREEMENTS AND RECORDS.

  (a) Agreements.--All published proposed regulations shall 
conform to agreements that result from negotiated rulemaking 
described in section [1901]1601 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.

           *       *       *       *       *       *       *


[SEC. 1903]1603. STATE ADMINISTRATION.

           *       *       *       *       *       *       *


  (b) Committee of Practitioners.--

           *       *       *       *       *       *       *

          (2) Membership.--Each such committee shall include--

           *       *       *       *       *       *       *

                  (G) [pupil services personnel]specialized 
                instructional support personnel.

           *       *       *       *       *       *       *


SEC. [1904]1604. LOCAL EDUCATIONAL AGENCY SPENDING AUDITS.

           *       *       *       *       *       *       *


SEC. [1905]1605. PROHIBITION AGAINST FEDERAL MANDATES, DIRECTION, OR 
                    CONTROL.

           *       *       *       *       *       *       *


SEC. [1906]1606. RULE OF CONSTRUCTION ON EQUALIZED SPENDING.

           *       *       *       *       *       *       *


SEC. [1907]1607. STATE REPORT ON DROPOUT DATA.

           *       *       *       *       *       *       *


SEC. [1908]1608. 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]Elementary and Secondary 
Education Reauthorization Act of 2011.

           *       *       *       *       *       *       *


 TITLE II--[PREPARING, TRAINING, AND RECRUITING HIGH QUALITY TEACHERS 
      AND PRINCIPALS]SUPPORTING EXCELLENT TEACHERS AND PRINCIPALS

      [PART A--TEACHER AND PRINCIPAL TRAINING AND RECRUITING FUND]

[SEC. 2101. PURPOSE.]

  [The purpose of this part is to provide grants to State 
educational agencies, local educational agencies, State 
agencies for higher education, and eligible partnerships in 
order to--
          [(1) increase student academic achievement through 
        strategies such as improving teacher and principal 
        quality and increasing the number of highly qualified 
        teachers in the classroom and highly qualified 
        principals and assistant principals in schools; and
          [(2) hold local educational agencies and schools 
        accountable for improvements in student academic 
        achievement.]

[SEC. 2102. DEFINITIONS.]

  [In this part:
          [(1) Arts and sciences.--The term ``arts and 
        sciences'' means--
                  [(A) when referring to an organizational unit 
                of an institution of higher education, any 
                academic unit that offers one or more academic 
                majors in disciplines or content areas 
                corresponding to the academic subjects in which 
                teachers teach; and
                  [(B) when referring to a specific academic 
                subject, the disciplines or content areas in 
                which an academic major is offered by an 
                organizational unit described in subparagraph 
                (A).
          [(2) Charter school.--The term ``charter school'' has 
        the meaning given the term in section 5210.
          [(3) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency--
                  [(A)(i) that serves not fewer than 10,000 
                children from families with incomes below the 
                poverty line; or
                  [(ii) for which not less than 20 percent of 
                the children served by the agency are from 
                families with incomes below the poverty line; 
                and
                  [(B)(i) for which there is a high percentage 
                of teachers not teaching in the academic 
                subjects or grade levels that the teachers were 
                trained to teach; or
                  [(ii) for which there is a high percentage of 
                teachers with emergency, provisional, or 
                temporary certification or licensing.
          [(4) Highly qualified paraprofessional.--The term 
        ``highly qualified paraprofessional'' means a 
        paraprofessional who has not less than 2 years of--
                  [(A) experience in a classroom; and
                  [(B) postsecondary education or demonstrated 
                competence in a field or academic subject for 
                which there is a significant shortage of 
                qualified teachers.
          [(5) Out-of-field teacher.--The term ``out-of-field 
        teacher'' means a teacher who is teaching an academic 
        subject or a grade level for which the teacher is not 
        highly qualified.
          [(6) Principal.--The term ``principal'' includes an 
        assistant principal.]

[SEC. 2103. AUTHORIZATIONS OF APPROPRIATIONS.]

  [(a) Grants to States, Local Educational Agencies, and 
Eligible Partnerships.--There are authorized to be appropriated 
to carry out this part (other than subpart 5) $3,175,000,000 
for fiscal year 2002 and such sums as may be necessary for each 
of the 5 succeeding fiscal years.
  [(b) National Programs.--There are authorized to be 
appropriated to carry out subpart 5 such sums as may be 
necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years.]

                     [Subpart 1--Grants to States]

[SEC. 2111. ALLOTMENTS TO STATES.]

  [(a) In General.--The Secretary shall make grants to States 
with applications approved under section 2112 to pay for the 
Federal share of the cost of carrying out the activities 
specified in section 2113. Each grant shall consist of the 
allotment determined for a State under subsection (b).
  [(b) Determination of Allotments.--
          [(1) Reservation of funds.--
                  [(A) In general.--From the total amount 
                appropriated under section 2103(a) for a fiscal 
                year, the Secretary shall reserve--
                          [(i) 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 those 
                        outlying areas on the basis of their 
                        relative need, as determined by the 
                        Secretary, in accordance with the 
                        purpose of this part; and
                          [(ii) one-half of 1 percent for the 
                        Secretary of the Interior for programs 
                        under this part in schools operated or 
                        funded by the Bureau of Indian Affairs.
          [(2) State allotments.--
                  (A) Hold harmless.--
                          [(i) In general.--Subject to 
                        subparagraph (B), from the funds 
                        appropriated under section 2103(a) for 
                        any fiscal year and not reserved under 
                        paragraph (1), the Secretary shall 
                        allot to each of the 50 States, the 
                        District of Columbia, and the 
                        Commonwealth of Puerto Rico an amount 
                        equal to the total amount that such 
                        State received for fiscal year 2001 
                        under--
                                  [(I) section 2202(b) of this 
                                Act (as in effect on the day 
                                before the date of enactment of 
                                the No Child Left Behind Act of 
                                2001); and
                                  [(II) section 306 of the 
                                Department of Education 
                                Appropriations Act, 2001 (as 
                                enacted into law by section 
                                1(a)(1) of Public Law 106-554).
                          [(ii) Ratable reduction.--If the 
                        funds described in clause (i) are 
                        insufficient to pay the full amounts 
                        that all States are eligible to receive 
                        under clause (i) for any fiscal year, 
                        the Secretary shall ratably reduce 
                        those amounts for the fiscal year.
                  [(B) Allotment of additional funds.--
                          [(i) In general.--Subject to clause 
                        (ii), for any fiscal year for which the 
                        funds appropriated under section 
                        2103(a) and not reserved under 
                        paragraph (1) exceed the total amount 
                        required to make allotments under 
                        subparagraph (A), the Secretary shall 
                        allot to each of the States described 
                        in subparagraph (A) the sum of--
                                  [(I) an amount that bears the 
                                same relationship to 35 percent 
                                of the excess amount as the 
                                number of individuals age 5 
                                through 17 in the State, as 
                                determined by the Secretary on 
                                the basis of the most recent 
                                satisfactory data, bears to the 
                                number of those individuals in 
                                all such States, as so 
                                determined; and
                                  [(II) an amount that bears 
                                the same relationship to 65 
                                percent of the excess amount as 
                                the number of individuals age 5 
                                through 17 from families with 
                                incomes below the poverty line, 
                                in the State, as determined by 
                                the Secretary on the basis of 
                                the most recent satisfactory 
                                data, bears to the number of 
                                those individuals in all such 
                                States, as so determined.
                          [(ii) Exception.--No State receiving 
                        an allotment under clause (i) may 
                        receive less than one-half of 1 percent 
                        of the total excess amount allotted 
                        under such clause for a fiscal year.
          [(3) Reallotment.--If any State does not apply for an 
        allotment under this subsection for any fiscal year, 
        the Secretary shall reallot the amount of the allotment 
        to the remaining States in accordance with this 
        subsection.]

[SEC. 2112. STATE APPLICATIONS.]

  [(a) In General.--For a State to be eligible to receive a 
grant under this part, the State educational agency shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
reasonably require.
  [(b) Contents.--Each application submitted under this section 
shall include the following:
          [(1) A description of how the activities to be 
        carried out by the State educational agency under this 
        subpart will be based on a review of scientifically 
        based research and an explanation of why the activities 
        are expected to improve student academic achievement.
          [(2) A description of how the State educational 
        agency will ensure that a local educational agency 
        receiving a subgrant to carry out subpart 2 will comply 
        with the requirements of such subpart.
          [(3) A description of how the State educational 
        agency will ensure that activities assisted under this 
        subpart are aligned with challenging State academic 
        content and student academic achievement standards, 
        State assessments, and State and local curricula.
          [(4) A description of how the State educational 
        agency will use funds under this part to improve the 
        quality of the State's teachers and principals.
          [(5)(A) A description of how the State educational 
        agency will coordinate professional development 
        activities authorized under this part with professional 
        development activities provided under other Federal, 
        State, and local programs.
          [(B) A description of the comprehensive strategy that 
        the State educational agency will use, as part of such 
        coordination effort, to ensure that teachers are 
        trained in the use of technology so that technology and 
        applications of technology are effectively used in the 
        classroom to improve teaching and learning in all 
        curricula and academic subjects, as appropriate.
          [(6) A description of how the State educational 
        agency will encourage the development of proven, 
        innovative strategies to deliver intensive professional 
        development programs that are both cost-effective and 
        easily accessible, such as strategies that involve 
        delivery through the use of technology, peer networks, 
        and distance learning.
          [(7)(A) A description of how the State educational 
        agency will ensure compliance with the requirements for 
        professional development activities described in 
        section 9101 and how the activities to be carried out 
        under the grant will be developed collaboratively and 
        based on the input of teachers, principals, parents, 
        administrators, paraprofessionals, and other school 
        personnel.
          [(B) In the case of a State in which the State 
        educational agency is not the entity responsible for 
        teacher professional standards, certification, and 
        licensing, an assurance that the State activities 
        carried out under this subpart are carried out in 
        conjunction with the entity responsible for such 
        standards, certification, and licensing under State 
        law.
          [(8) A description of how the State educational 
        agency will ensure that the professional development 
        (including teacher mentoring) needs of teachers will be 
        met using funds under this subpart and subpart 2.
          [(9) A description of the State educational agency's 
        annual measurable objectives under section 1119(a)(2).
          [(10) A description of how the State educational 
        agency will use funds under this part to meet the 
        teacher and paraprofessional requirements of section 
        1119 and how the State educational agency will hold 
        local educational agencies accountable for meeting the 
        annual measurable objectives described in section 
        1119(a)(2).
          [(11) In the case of a State that has a charter 
        school law that exempts teachers from State 
        certification and licensing requirements, the specific 
        portion of the State law that provides for the 
        exemption.
          [(12) An assurance that the State educational agency 
        will comply with section 9501 (regarding participation 
        by private school children and teachers).
  [(c) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this subpart.
  [(d) Disapproval.--The Secretary shall not finally disapprove 
the application, except after giving the State educational 
agency notice and an opportunity for a hearing.
  [(e) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall--
          [(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          [(2) notify the State educational agency of the 
        finding of noncompliance and, in such notification, 
        shall--
                  [(A) cite the specific provisions in the 
                application that are not in compliance; and
                  [(B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  [(f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(e)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
          [(1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          [(2) the expiration of the 120-day period described 
        in subsection (c).
  [(g) Failure To Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (e)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.]

[SEC. 2113. STATE USE OF FUNDS.]

  [(a) In General.--A State that receives a grant under section 
2111 shall--
          [(1) reserve 95 percent of the funds made available 
        through the grant to make subgrants to local 
        educational agencies as described in subpart 2;
          [(2) reserve 2.5 percent (or, for a fiscal year 
        described in subsection (b), the percentage determined 
        under subsection (b)) of the funds to make subgrants to 
        local partnerships as described in subpart 3; and
          [(3) use the remainder of the funds for State 
        activities described in subsection (c).
  [(b) Special Rule.--For any fiscal year for which the total 
amount that would be reserved by all States under subsection 
(a)(2), if the States applied a 2.5 percentage rate, exceeds 
$125,000,000, the Secretary shall determine an alternative 
percentage that the States shall apply for that fiscal year 
under subsection (a)(2) so that the total amount reserved by 
all States under subsection (a)(2) equals $125,000,000.
  [(c) State Activities.--The State educational agency for a 
State that receives a grant under section 2111 shall use the 
funds described in subsection (a)(3) to carry out one or more 
of the following activities, which may be carried out through a 
grant or contract with a for-profit or nonprofit entity:
          [(1) Reforming teacher and principal certification 
        (including recertification) or licensing requirements 
        to ensure that--
                  [(A)(i) teachers have the necessary subject 
                matter knowledge and teaching skills in the 
                academic subjects that the teachers teach; and
                  [(ii) principals have the instructional 
                leadership skills to help teachers teach and 
                students learn;
                  [(B) teacher certification (including 
                recertification) or licensing requirements are 
                aligned with challenging State academic content 
                standards; and
                  [(C) teachers have the subject matter 
                knowledge and teaching skills, including 
                technology literacy, and principals have the 
                instructional leadership skills, necessary to 
                help students meet challenging State student 
                academic achievement standards.
          [(2) Carrying out programs that provide support to 
        teachers or principals, including support for teachers 
        and principals new to their profession, such as 
        programs that--
                  [(A) provide teacher mentoring, team 
                teaching, reduced class schedules, and 
                intensive professional development; and
                  [(B) use standards or assessments for guiding 
                beginning teachers that are consistent with 
                challenging State student academic achievement 
                standards and with the requirements for 
                professional development activities described 
                in section 9101.
          [(3) Carrying out programs that establish, expand, or 
        improve alternative routes for State certification of 
        teachers and principals, especially in the areas of 
        mathematics and science, for highly qualified 
        individuals with a baccalaureate or master's degree, 
        including mid-career professionals from other 
        occupations, paraprofessionals, former military 
        personnel, and recent college or university graduates 
        with records of academic distinction who demonstrate 
        the potential to become highly effective teachers or 
        principals.
          [(4) Developing and implementing mechanisms to assist 
        local educational agencies and schools in effectively 
        recruiting and retaining highly qualified teachers, 
        including specialists in core academic subjects, 
        principals, and pupil services personnel, except that 
        funds made available under this paragraph may be used 
        for pupil services personnel only--
                  [(A) if the State educational agency is 
                making progress toward meeting the annual 
                measurable objectives described in section 
                1119(a)(2); and
                  [(B) in a manner consistent with mechanisms 
                to assist local educational agencies and 
                schools in effectively recruiting and retaining 
                highly qualified teachers and principals.
          [(5) Reforming tenure systems, implementing teacher 
        testing for subject matter knowledge, and implementing 
        teacher testing for State certification or licensing, 
        consistent with title II of the Higher Education Act of 
        1965.
          [(6) Providing professional development for teachers 
        and principals and, in cases in which a State 
        educational agency determines support to be 
        appropriate, supporting the participation of pupil 
        services personnel in the same type of professional 
        development activities as are made available to 
        teachers and principals.
          [(7) Developing systems to measure the effectiveness 
        of specific professional development programs and 
        strategies to document gains in student academic 
        achievement or increases in teacher mastery of the 
        academic subjects the teachers teach.
          [(8) Fulfilling the State educational agency's 
        responsibilities concerning proper and efficient 
        administration of the programs carried out under this 
        part, including provision of technical assistance to 
        local educational agencies.
          [(9) Funding projects to promote reciprocity of 
        teacher and principal certification or licensing 
        between or among States, except that no reciprocity 
        agreement developed under this paragraph or developed 
        using funds provided under this part may lead to the 
        weakening of any State teaching certification or 
        licensing requirement.
          [(10) Developing or assisting local educational 
        agencies in the development and use of proven, 
        innovative strategies to deliver intensive professional 
        development programs that are both cost-effective and 
        easily accessible, such as strategies that involve 
        delivery through the use of technology, peer networks, 
        and distance learning.
          [(11) Encouraging and supporting the training of 
        teachers and administrators to effectively integrate 
        technology into curricula and instruction, including 
        training to improve the ability to collect, manage, and 
        analyze data to improve teaching, decisionmaking, 
        school improvement efforts, and accountability.
          [(12) Developing, or assisting local educational 
        agencies in developing, merit-based performance 
        systems, and strategies that provide differential and 
        bonus pay for teachers in high-need academic subjects 
        such as reading, mathematics, and science and teachers 
        in high-poverty schools and districts.
          [(13) Providing assistance to local educational 
        agencies for the development and implementation of 
        professional development programs for principals that 
        enable the principals to be effective school leaders 
        and prepare all students to meet challenging State 
        academic content and student academic achievement 
        standards, and the development and support of school 
        leadership academies to help exceptionally talented 
        aspiring or current principals and superintendents 
        become outstanding managers and educational leaders.
          [(14) Developing, or assisting local educational 
        agencies in developing, teacher advancement initiatives 
        that promote professional growth and emphasize multiple 
        career paths (such as paths to becoming a career 
        teacher, mentor teacher, or exemplary teacher) and pay 
        differentiation.
          [(15) Providing assistance to teachers to enable them 
        to meet certification, licensing, or other requirements 
        needed to become highly qualified by the end of the 
        fourth year for which the State receives funds under 
        this part (as amended by the No Child Left Behind Act 
        of 2001).
          [(16) Supporting activities that ensure that teachers 
        are able to use challenging State academic content 
        standards and student academic achievement standards, 
        and State assessments, to improve instructional 
        practices and improve student academic achievement.
          [(17) Funding projects and carrying out programs to 
        encourage men to become elementary school teachers.
          [(18) Establishing and operating a center that--
                  [(A) serves as a statewide clearinghouse for 
                the recruitment and placement of kindergarten, 
                elementary school, and secondary school 
                teachers; and
                  [(B) establishes and carries out programs to 
                improve teacher recruitment and retention 
                within the State.
  [(d) Administrative Costs.--A State educational agency or 
State agency for higher education receiving a grant under this 
part may use not more than 1 percent of the grant funds for 
planning and administration related to carrying out activities 
under subsection (c) and subpart 3.
  [(e) Coordination.--A State that receives a grant to carry 
out this subpart and a grant under section 202 of the Higher 
Education Act of 1965 shall coordinate the activities carried 
out under this subpart and the activities carried out under 
that section.
  [(f) Supplement, Not Supplant.--Funds received under this 
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities 
authorized under this subpart.]

          [Subpart 2--Subgrants to Local Educational Agencies]

[SEC. 2121. [20 U.S.C. 6621] ALLOCATIONS TO LOCAL EDUCATIONAL 
                    AGENCIES.]

  [(a) Subgrants to Local Educational Agencies.--
          [(1) In general.--The Secretary may make a grant to a 
        State under subpart 1 only if the State educational 
        agency agrees to distribute the funds described in this 
        subsection as subgrants to local educational agencies 
        under this subpart.
          [(2) Hold harmless.--
                  [(A) In general.--From the funds reserved by 
                a State under section 2113(a)(1), the State 
                educational agency shall allocate to each local 
                educational agency in the State an amount equal 
                to the total amount that such agency received 
                for fiscal year 2001 under--
                          [(i) section 2203(1)(B) of this Act 
                        (as in effect on the day before the 
                        date of enactment of the No Child Left 
                        Behind Act of 2001); and
                          [(ii) section 306 of the Department 
                        of Education Appropriations Act, 2001 
                        (as enacted into law by section 1(a)(1) 
                        of Public Law 106-554).
                  [(B) Nonparticipating agencies.--In the case 
                of a local educational agency that did not 
                receive any funds for fiscal year 2001 under 
                one or both of the provisions referred to in 
                clauses (i) and (ii) of subparagraph (A), the 
                amount allocated to the agency under such 
                subparagraph shall be the total amount that the 
                agency would have received for fiscal year 2001 
                if the agency had elected to participate in all 
                of the programs for which the agency was 
                eligible under each of the provisions referred 
                to in those clauses.
                  [(C) Ratable reduction.--If the funds 
                described in subparagraph (A) are insufficient 
                to pay the full amounts that all local 
                educational agencies in the State are eligible 
                to receive under subparagraph (A) for any 
                fiscal year, the State educational agency shall 
                ratably reduce such amounts for the fiscal 
                year.
          [(3) Allocation of additional funds.--For any fiscal 
        year for which the funds reserved by a State under 
        section 2113(a)(1) exceed the total amount required to 
        make allocations under paragraph (2), the State 
        educational agency shall allocate to each of the 
        eligible local educational agencies in the State the 
        sum of--
                  [(A) an amount that bears the same 
                relationship to 20 percent of the excess amount 
                as the number of individuals age 5 through 17 
                in the geographic area served by the agency, as 
                determined by the Secretary on the basis of the 
                most recent satisfactory data, bears to the 
                number of those individuals in the geographic 
                areas served by all the local educational 
                agencies in the State, as so determined; and
                  [(B) an amount that bears the same 
                relationship to 80 percent of the excess amount 
                as the number of individuals age 5 through 17 
                from families with incomes below the poverty 
                line in the geographic area served by the 
                agency, as determined by the Secretary on the 
                basis of the most recent satisfactory data, 
                bears to the number of those individuals in the 
                geographic areas served by all the local 
                educational agencies in the State, as so 
                determined.]

[SEC. 2122. [20 U.S.C. 6622] LOCAL APPLICATIONS AND NEEDS ASSESSMENT.]

  [(a) In General.--To be eligible to receive a subgrant under 
this subpart, a 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.
  [(b) Contents.--Each application submitted under this section 
shall be based on the needs assessment required in subsection 
(c) and shall include the following:
          [(1)(A) A description of the activities to be carried 
        out by the local educational agency under this subpart 
        and how these activities will be aligned with--
                  [(i) challenging State academic content 
                standards and student academic achievement 
                standards, and State assessments; and
                  [(ii) the curricula and programs tied to the 
                standards described in clause (i).
          [(B) A description of how the activities will be 
        based on a review of scientifically based research and 
        an explanation of why the activities are expected to 
        improve student academic achievement.
          [(2) A description of how the activities will have a 
        substantial, measurable, and positive impact on student 
        academic achievement and how the activities will be 
        used as part of a broader strategy to eliminate the 
        achievement gap that separates low-income and minority 
        students from other students.
          [(3) An assurance that the local educational agency 
        will target funds to schools within the jurisdiction of 
        the local educational agency that--
                  [(A) have the lowest proportion of highly 
                qualified teachers;
                  [(B) have the largest average class size; or
                  [(C) are identified for school improvement 
                under section 1116(b).
          [(4) A description of how the local educational 
        agency will coordinate professional development 
        activities authorized under this subpart with 
        professional development activities provided through 
        other Federal, State, and local programs.
          [(5) A description of the professional development 
        activities that will be made available to teachers and 
        principals under this subpart and how the local 
        educational agency will ensure that the professional 
        development (which may include teacher mentoring) needs 
        of teachers and principals will be met using funds 
        under this subpart.
          [(6) A description of how the local educational 
        agency will integrate funds under this subpart with 
        funds received under part D that are used for 
        professional development to train teachers to integrate 
        technology into curricula and instruction to improve 
        teaching, learning, and technology literacy.
          [(7) A description of how the local educational 
        agency, teachers, paraprofessionals, principals, other 
        relevant school personnel, and parents have 
        collaborated in the planning of activities to be 
        carried out under this subpart and in the preparation 
        of the application.
          [(8) A description of the results of the needs 
        assessment described in subsection (c).
          [(9) A description of how the local educational 
        agency will provide training to enable teachers to--
                  [(A) teach and address the needs of students 
                with different learning styles, particularly 
                students with disabilities, students with 
                special learning needs (including students who 
                are gifted and talented), and students with 
                limited English proficiency;
                  [(B) improve student behavior in the 
                classroom and identify early and appropriate 
                interventions to help students described in 
                subparagraph (A) learn;
                  [(C) involve parents in their child's 
                education; and
                  [(D) understand and use data and assessments 
                to improve classroom practice and student 
                learning.
          [(10) A description of how the local educational 
        agency will use funds under this subpart to meet the 
        requirements of section 1119.
          [(11) An assurance that the local educational agency 
        will comply with section 9501 (regarding participation 
        by private school children and teachers).
  [(c) Needs Assessment.--
          [(1) In general.--To be eligible to receive a 
        subgrant under this subpart, a local educational agency 
        shall conduct an assessment of local needs for 
        professional development and hiring, as identified by 
        the local educational agency and school staff.
          [(2) Requirements.--Such needs assessment shall be 
        conducted with the involvement of teachers, including 
        teachers participating in programs under part A of 
        title I, and shall take into account the activities 
        that need to be conducted in order to give teachers the 
        means, including subject matter knowledge and teaching 
        skills, and to give principals the instructional 
        leadership skills to help teachers, to provide students 
        with the opportunity to meet challenging State and 
        local student academic achievement standards.]

[SEC. 2123. [20 U.S.C. 6623] LOCAL USE OF FUNDS.]

  [(a) In General.--A local educational agency that receives a 
subgrant under section 2121 shall use the funds made available 
through the subgrant to carry out one or more of the following 
activities, including carrying out the activities through a 
grant or contract with a for-profit or nonprofit entity:
          [(1) Developing and implementing mechanisms to assist 
        schools in effectively recruiting and retaining highly 
        qualified teachers, including specialists in core 
        academic subjects, principals, and pupil services 
        personnel, except that funds made available under this 
        paragraph may be used for pupil services personnel 
        only--
                  [(A) if the local educational agency is 
                making progress toward meeting the annual 
                measurable objectives described in section 
                1119(a)(2); and
                  [(B) in a manner consistent with mechanisms 
                to assist schools in effectively recruiting and 
                retaining highly qualified teachers and 
                principals.
          [(2) Developing and implementing initiatives to 
        assist in recruiting highly qualified teachers 
        (particularly initiatives that have proven effective in 
        retaining highly qualified teachers), and hiring highly 
        qualified teachers, who will be assigned teaching 
        positions within their fields, including--
                  [(A) providing scholarships, signing bonuses, 
                or other financial incentives, such as 
                differential pay, for teachers to teach--
                          [(i) in academic subjects in which 
                        there exists a shortage of highly 
                        qualified teachers within a school or 
                        within the local educational agency; 
                        and
                          [(ii) in schools in which there 
                        exists a shortage of highly qualified 
                        teachers;
                  [(B) recruiting and hiring highly qualified 
                teachers to reduce class size, particularly in 
                the early grades; and
                  [(C) establishing programs that--
                          [(i) train and hire regular and 
                        special education teachers (which may 
                        include hiring special education 
                        teachers to team-teach in classrooms 
                        that contain both children with 
                        disabilities and nondisabled children);
                          [(ii) train and hire highly qualified 
                        teachers of special needs children, as 
                        well as teaching specialists in core 
                        academic subjects who will provide 
                        increased individualized instruction to 
                        students;
                          [(iii) recruit qualified 
                        professionals from other fields, 
                        including highly qualified 
                        paraprofessionals, and provide such 
                        professionals with alternative routes 
                        to teacher certification, including 
                        developing and implementing hiring 
                        policies that ensure comprehensive 
                        recruitment efforts as a way to expand 
                        the applicant pool, such as through 
                        identifying teachers certified through 
                        alternative routes, and using a system 
                        of intensive screening designed to hire 
                        the most qualified applicants; and
                          [(iv) provide increased opportunities 
                        for minorities, individuals with 
                        disabilities, and other individuals 
                        underrepresented in the teaching 
                        profession.
          [(3) Providing professional development activities--
                  [(A) that improve the knowledge of teachers 
                and principals and, in appropriate cases, 
                paraprofessionals, concerning--
                          [(i) one or more of the core academic 
                        subjects that the teachers teach; and
                          [(ii) effective instructional 
                        strategies, methods, and skills, and 
                        use of challenging State academic 
                        content standards and student academic 
                        achievement standards, and State 
                        assessments, to improve teaching 
                        practices and student academic 
                        achievement; and
                  [(B) that improve the knowledge of teachers 
                and principals and, in appropriate cases, 
                paraprofessionals, concerning effective 
                instructional practices and that--
                          [(i) involve collaborative groups of 
                        teachers and administrators;
                          [(ii) provide training in how to 
                        teach and address the needs of students 
                        with different learning styles, 
                        particularly students with 
                        disabilities, students with special 
                        learning needs (including students who 
                        are gifted and talented), and students 
                        with limited English proficiency;
                          [(iii) provide training in methods 
                        of--
                                  [(I) improving student 
                                behavior in the classroom; and
                                  [(II) identifying early and 
                                appropriate interventions to 
                                help students described in 
                                clause (ii) learn;
                          [(iv) provide training to enable 
                        teachers and principals to involve 
                        parents in their child's education, 
                        especially parents of limited English 
                        proficient and immigrant children; and
                          [(v) provide training on how to 
                        understand and use data and assessments 
                        to improve classroom practice and 
                        student learning.
          [(4) Developing and implementing initiatives to 
        promote retention of highly qualified teachers and 
        principals, particularly within elementary schools and 
        secondary schools with a high percentage of low-
        achieving students, including programs that provide--
                  [(A) teacher mentoring from exemplary 
                teachers, principals, or superintendents;
                  [(B) induction and support for teachers and 
                principals during their first 3 years of 
                employment as teachers or principals, 
                respectively;
                  [(C) incentives, including financial 
                incentives, to retain teachers who have a 
                record of success in helping low-achieving 
                students improve their academic achievement; or
                  [(D) incentives, including financial 
                incentives, to principals who have a record of 
                improving the academic achievement of all 
                students, but particularly students from 
                economically disadvantaged families, students 
                from racial and ethnic minority groups, and 
                students with disabilities.
          [(5) Carrying out programs and activities that are 
        designed to improve the quality of the teacher force, 
        such as--
                  [(A) innovative professional development 
                programs (which may be provided through 
                partnerships including institutions of higher 
                education), including programs that train 
                teachers and principals to integrate technology 
                into curricula and instruction to improve 
                teaching, learning, and technology literacy, 
                are consistent with the requirements of section 
                9101, and are coordinated with activities 
                carried out under part D;
                  [(B) development and use of proven, cost-
                effective strategies for the implementation of 
                professional development activities, such as 
                through the use of technology and distance 
                learning;
                  [(C) tenure reform;
                  [(D) merit pay programs; and
                  [(E) testing of elementary school and 
                secondary school teachers in the academic 
                subjects that the teachers teach.
          [(6) Carrying out professional development activities 
        designed to improve the quality of principals and 
        superintendents, including the development and support 
        of academies to help talented aspiring or current 
        principals and superintendents become outstanding 
        managers and educational leaders.
          [(7) Hiring highly qualified teachers, including 
        teachers who become highly qualified through State and 
        local alternative routes to certification, and special 
        education teachers, in order to reduce class size, 
        particularly in the early grades.
          [(8) Carrying out teacher advancement initiatives 
        that promote professional growth and emphasize multiple 
        career paths (such as paths to becoming a career 
        teacher, mentor teacher, or exemplary teacher) and pay 
        differentiation.
          [(10) Carrying out programs and activities related to 
        exemplary teachers.
  [(b) Supplement, Not Supplant.--Funds received under this 
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities 
authorized under this subpart.]

            [Subpart 3--Subgrants to Eligible Partnerships]

[SEC. 2131. DEFINITIONS.]

  [In this subpart:
          [(1) Eligible partnership.--The term ``eligible 
        partnership'' means an entity that--
                  [(A) shall include--
                          [(i) a private or State institution 
                        of higher education and the division of 
                        the institution that prepares teachers 
                        and principals;
                          [(ii) a school of arts and sciences; 
                        and
                          [(iii) a high-need local educational 
                        agency; and
                  [(B) may include another local educational 
                agency, a public charter school, an elementary 
                school or secondary school, an educational 
                service agency, a nonprofit educational 
                organization, another institution of higher 
                education, a school of arts and sciences within 
                such an institution, the division of such an 
                institution that prepares teachers and 
                principals, a nonprofit cultural organization, 
                an entity carrying out a prekindergarten 
                program, a teacher organization, a principal 
                organization, or a business.
          [(2) Low-performing school.--The term ``low-
        performing school'' means an elementary school or 
        secondary school that is identified under section 
        1116.]

[SEC. 2132. SUBGRANTS.]

  [(a) In General.--The State agency for higher education for a 
State that receives a grant under section 2111, working in 
conjunction with the State educational agency (if such agencies 
are separate), shall use the funds reserved under section 
2113(a)(2) to make subgrants, on a competitive basis, to 
eligible partnerships to enable such partnerships to carry out 
the activities described in section 2134.
  [(b) Distribution.--The State agency for higher education 
shall ensure that--
          [(1) such subgrants are equitably distributed by 
        geographic area within a State; or
          [(2) eligible partnerships in all geographic areas 
        within the State are served through the subgrants.
  [(c) Special Rule.--No single participant in an eligible 
partnership may use more than 50 percent of the funds made 
available to the partnership under this section.

[SEC. 2133. APPLICATIONS.]

  [To be eligible to receive a subgrant under this subpart, an 
eligible partnership shall submit an application to the State 
agency for higher education at such time, in such manner, and 
containing such information as the agency may require.

[SEC. 2134. USE OF FUNDS.]

  [(a) In General.--An eligible partnership that receives a 
subgrant under section 2132 shall use the subgrant funds for--
          [(1) professional development activities in core 
        academic subjects to ensure that--
                  [(A) teachers and highly qualified 
                paraprofessionals, and, if appropriate, 
                principals have subject matter knowledge in the 
                academic subjects that the teachers teach, 
                including the use of computer related 
                technology to enhance student learning; and
                  [(B) principals have the instructional 
                leadership skills that will help such 
                principals work most effectively with teachers 
                to help students master core academic subjects; 
                and
          [(2) developing and providing assistance to local 
        educational agencies and individuals who are teachers, 
        highly qualified paraprofessionals, or principals of 
        schools served by such agencies, for sustained, high-
        quality professional development activities that--
                  [(A) ensure that the individuals are able to 
                use challenging State academic content 
                standards and student academic achievement 
                standards, and State assessments, to improve 
                instructional practices and improve student 
                academic achievement;
                  [(B) may include intensive programs designed 
                to prepare such individuals who will return to 
                a school to provide instruction related to the 
                professional development described in 
                subparagraph (A) to other such individuals 
                within such school; and
                  [(C) may include activities of partnerships 
                between one or more local educational agencies, 
                one or more schools served by such local 
                educational agencies, and one or more 
                institutions of higher education for the 
                purpose of improving teaching and learning at 
                low-performing schools.
  [(b) Coordination.--An eligible partnership that receives a 
subgrant to carry out this subpart and a grant under section 
203 of the Higher Education Act of 1965 shall coordinate the 
activities carried out under this subpart and the activities 
carried out under that section 203.]

                      [Subpart 4--Accountability]

[SEC. 2141. [20 U.S.C. 6641] TECHNICAL ASSISTANCE AND ACCOUNTABILITY.]

  [(a) Improvement Plan.--After the second year of the plan 
described in section 1119(a)(2), if a State educational agency 
determines, based on the reports described in section 
1119(b)(1), that a local educational agency in the State has 
failed to make progress toward meeting the annual measurable 
objectives described in section 1119(a)(2), for 2 consecutive 
years, such local educational agency shall develop an 
improvement plan that will enable the agency to meet such 
annual measurable objectives and that specifically addresses 
issues that prevented the agency from meeting such annual 
measurable objectives.
  [(b) Technical Assistance.--During the development of the 
improvement plan described in subsection (a) and throughout 
implementation of the plan, the State educational agency 
shall--
          [(1) provide technical assistance to the local 
        educational agency; and
          [(2) provide technical assistance, if applicable, to 
        schools served by the local educational agency that 
        need assistance to enable the local educational agency 
        to meet the annual measurable objectives described in 
        section 1119(a)(2).
  [(c) Accountability.--After the third year of the plan 
described in section 1119(a)(2), if the State educational 
agency determines, based on the reports described in section 
1119(b)(1), that the local educational agency has failed to 
make progress toward meeting the annual measurable objectives 
described in section 1119(a)(2), and has failed to make 
adequate yearly progress as described under section 
1111(b)(2)(B), for 3 consecutive years, the State educational 
agency shall enter into an agreement with such local 
educational agency on the use of that agency's funds under this 
part. As part of this agreement, the State educational agency--
          [(1) shall develop, in conjunction with the local 
        educational agency, teachers, and principals, 
        professional development strategies and activities, 
        based on scientifically based research, that the local 
        educational agency will use to meet the annual 
        measurable objectives described in section 1119(a)(2) 
        and require such agency to utilize such strategies and 
        activities; and
          [(2)(A) except as provided in subparagraphs (B) and 
        (C), shall prohibit the use of funds received under 
        part A of title I to fund any paraprofessional hired 
        after the date such determination is made;
          [(B) shall allow the use of such funds to fund a 
        paraprofessional hired after that date if the local 
        educational agency can demonstrate that the hiring is 
        to fill a vacancy created by the departure of another 
        paraprofessional funded under title I and such new 
        paraprofessional satisfies the requirements of section 
        1119(c); and
          [(C) may allow the use of such funds to fund a 
        paraprofessional hired after that date if the local 
        educational agency can demonstrate--
                  [(i) that a significant influx of population 
                has substantially increased student enrollment; 
                or
                  [(ii) that there is an increased need for 
                translators or assistance with parental 
                involvement activities.
  [(d) Special Rule.--During the development of the strategies 
and activities described in subsection (c)(1), the State 
educational agency shall, in conjunction with the local 
educational agency, provide from funds allocated to such local 
educational agency under subpart 2 directly to one or more 
schools served by such local educational agency, to enable 
teachers at the schools to choose, with continuing consultation 
with the principal involved, professional development 
activities that--
          [(1) meet the requirements for professional 
        development activities described in section 9101; and
          [(2) are coordinated with other reform efforts at the 
        schools.]

                    [Subpart 5--National Activities]

[SEC. 2151. [20 U.S.C. 6651] NATIONAL ACTIVITIES OF DEMONSTRATED 
                    EFFECTIVENESS.]

  [(a) National Teacher Recruitment Campaign.--The Secretary is 
authorized to establish and carry out a national teacher 
recruitment campaign, which may include activities carried out 
through the National Teacher Recruitment Clearinghouse, to 
assist high-need local educational agencies in recruiting 
teachers (particularly those activities that are effective in 
retaining new teachers) and training teachers and to conduct a 
national public service campaign concerning the resources for, 
and the routes to, entering the field of teaching. In carrying 
out the campaign, the Secretary may promote and link the 
activities of the campaign to the information and referral 
activities of the National Teacher Recruitment Clearinghouse. 
The Secretary shall coordinate activities under this subsection 
with State and regional recruitment activities.
  [(b) School Leadership.--
          [(1) In general.--The Secretary is authorized to 
        establish and carry out a national principal 
        recruitment program to assist high-need local 
        educational agencies in recruiting and training 
        principals (including assistant principals) through 
        such activities as--
                  [(A) providing financial incentives to 
                aspiring new principals;
                  (B) providing stipends to principals who 
                mentor new principals;
                  [(C) carrying out professional development 
                programs in instructional leadership and 
                management; and
                  [(D) providing incentives that are 
                appropriate for teachers or individuals from 
                other fields who want to become principals and 
                that are effective in retaining new principals.
          [(2) Grants.--If the Secretary uses sums made 
        available under section 2103(b) to carry out paragraph 
        (1), the Secretary shall carry out such paragraph by 
        making grants, on a competitive basis, to--
                  [(A) high-need local educational agencies;
                  [(B) consortia of high-need local educational 
                agencies; and
                  [(C) partnerships of high-need local 
                educational agencies, nonprofit organizations, 
                and institutions of higher education.
  [(c) Advanced Certification or Advanced Credentialing.--
          [(1) In general.--The Secretary is authorized to 
        support activities to encourage and support teachers 
        seeking advanced certification or advanced 
        credentialing through high quality professional teacher 
        enhancement programs designed to improve teaching and 
        learning.
          [(2) Implementation.--In carrying out paragraph (1), 
        the Secretary shall make grants to eligible entities 
        to--
                  [(A) develop teacher standards that include 
                measures tied to increased student academic 
                achievement; and
                  [(B) promote outreach, teacher recruitment, 
                teacher subsidy, or teacher support programs, 
                related to teacher certification or 
                credentialing by the National Board for 
                Professional Teaching Standards, the National 
                Council on Teacher Quality, or other nationally 
                recognized certification or credentialing 
                organizations.
          [(3) Eligible entities.--In this subsection, the term 
        ``eligible entity'' includes--
                  [(A) a State educational agency;
                  [(B) a local educational agency;
                  [(C) the National Board for Professional 
                Teaching Standards, in partnership with a high-
                need local educational agency or a State 
                educational agency;
                  [(D) the National Council on Teacher Quality, 
                in partnership with a high-need local 
                educational agency or a State educational 
                agency; or
                  [(E) another recognized entity, including 
                another recognized certification or 
                credentialing organization, in partnership with 
                a high-need local educational agency or a State 
                educational agency.
  [(d) Special Education Teacher Training.--The Secretary is 
authorized to award a grant to the University of Northern 
Colorado to enable such university to provide, to other 
institutions of higher education, assistance in training 
special education teachers.
  [(e) Early Childhood Educator Professional Development.--
          [(1) Purpose.--The purpose of this subsection is to 
        enhance the school readiness of young children, 
        particularly disadvantaged young children, and to 
        prevent young children from encountering difficulties 
        once the children enter school, by improving the 
        knowledge and skills of early childhood educators who 
        work in communities that have high concentrations of 
        children living in poverty.
          [(2) Program authorized.--
                  [(A) Grants to partnerships.--The Secretary 
                is authorized to carry out the purpose of this 
                subsection by awarding grants, on a competitive 
                basis, to partnerships consisting of--
                          [(i)(I) one or more institutions of 
                        higher education that provide 
                        professional development for early 
                        childhood educators who work with 
                        children from low-income families in 
                        high-need communities; or
                          [(II) another public or private 
                        entity that provides such professional 
                        development;
                          [(ii) one or more public agencies 
                        (including local educational agencies, 
                        State educational agencies, State human 
                        services agencies, and State and local 
                        agencies administering programs under 
                        the Child Care and Development Block 
                        Grant Act of 1990 (42 U.S.C. 9858 et 
                        seq.), Head Start agencies, or private 
                        organizations; and
                          [(iii) to the extent feasible, an 
                        entity with demonstrated experience in 
                        providing training to educators in 
                        early childhood education programs 
                        concerning identifying and preventing 
                        behavior problems or working with 
                        children identified as or suspected to 
                        be victims of abuse.
                  [(B) Duration and number of grants.--
                          [(i) Duration.--The Secretary shall 
                        award grants under this subsection for 
                        periods of not more than 4 years.
                          [(ii) Number.--No partnership may 
                        receive more than one grant under this 
                        subsection.
          [(3) Applications.--
                  [(A) Applications required.--Any partnership 
                that desires to receive a grant under this 
                subsection 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 such application shall 
                include--
                          [(i) a description of the high-need 
                        community to be served by the project 
                        proposed to be carried out through the 
                        grant, including such demographic and 
                        socioeconomic information as the 
                        Secretary may request;
                          [(ii) information on the quality of 
                        the early childhood educator 
                        professional development program 
                        currently conducted (as of the date of 
                        the submission of the application) by 
                        the institution of higher education or 
                        another provider in the partnership;
                          [(iii) the results of a needs 
                        assessment that the entities in the 
                        partnership have undertaken to 
                        determine the most critical 
                        professional development needs of the 
                        early childhood educators to be served 
                        by the partnership and in the broader 
                        community, and a description of how the 
                        proposed project will address those 
                        needs;
                          [(iv) a description of how the 
                        proposed project will be carried out, 
                        including a description of--
                                  [(I) how individuals will be 
                                selected to participate;
                                  [(II) the types of 
                                professional development 
                                activities, based on 
                                scientifically based research, 
                                that will be carried out;
                                  [(III) how research on 
                                effective professional 
                                development and on adult 
                                learning will be used to design 
                                and deliver project activities;
                                  [(IV) how the project will be 
                                coordinated with and build on, 
                                and will not supplant or 
                                duplicate, early childhood 
                                education professional 
                                development activities in the 
                                high-need community;
                                  [(V) how the project will 
                                train early childhood educators 
                                to provide developmentally 
                                appropriate school-readiness 
                                services that are based on the 
                                best available research on 
                                early childhood pedagogy and 
                                child development and learning 
                                domains;
                                  [(VI) how the project will 
                                train early childhood educators 
                                to meet the diverse educational 
                                needs of children in the 
                                community, including children 
                                who have limited English 
                                proficiency, children with 
                                disabilities, or children with 
                                other special needs; and
                                  [(VII) how the project will 
                                train early childhood educators 
                                in identifying and preventing 
                                behavioral problems in children 
                                or working with children 
                                identified as or suspected to 
                                be victims of abuse;
                          [(v) a description of--
                                  [(I) the specific objectives 
                                that the partnership will seek 
                                to attain through the project, 
                                and the methods that the 
                                partnership will use to measure 
                                progress toward attainment of 
                                those objectives; and
                                  [(II) how the objectives and 
                                the measurement methods align 
                                with the achievement indicators 
                                established by the Secretary 
                                under paragraph (6)(A);
                          [(vi) a description of the 
                        partnership's plan for continuing the 
                        activities carried out under the 
                        project after Federal funding ceases;
                          [(vii) an assurance that, where 
                        applicable, the project will provide 
                        appropriate professional development to 
                        volunteers working directly with young 
                        children, as well as to paid staff; and
                          [(viii) an assurance that, in 
                        developing the application and in 
                        carrying out the project, the 
                        partnership has consulted with, and 
                        will consult with, relevant agencies, 
                        early childhood educator organizations, 
                        and early childhood providers that are 
                        not members of the partnership.
          [(4) Selection of grant recipients.--
                  [(A) Criteria.--The Secretary shall select 
                partnerships to receive grants under this 
                subsection on the basis of the degree to which 
                the communities proposed to be served require 
                assistance and the quality of the applications 
                submitted under paragraph (3).
                  [(B) Geographic distribution.--In selecting 
                partnerships to receive grants under this 
                subsection, the Secretary shall seek to ensure 
                that communities in different regions of the 
                Nation, as well as both urban and rural 
                communities, are served.
          [(5) Uses of funds.--
                  [(A) In general.--Each partnership receiving 
                a grant under this subsection shall use the 
                grant funds to carry out activities that will 
                improve the knowledge and skills of early 
                childhood educators who are working in early 
                childhood programs that are located in high-
                need communities and serve concentrations of 
                children from low-income families.
                  [(B) Allowable activities.--Such activities 
                may include--
                          [(i) professional development for 
                        early childhood educators, particularly 
                        to familiarize those educators with the 
                        application of recent research on 
                        child, language, and literacy 
                        development and on early childhood 
                        pedagogy;
                          [(ii) professional development for 
                        early childhood educators in working 
                        with parents, so that the educators and 
                        parents can work together to provide 
                        and support developmentally appropriate 
                        school-readiness services that are 
                        based on scientifically based research 
                        on early childhood pedagogy and child 
                        development and learning domains;
                          [(iii) professional development for 
                        early childhood educators to work with 
                        children who have limited English 
                        proficiency, children with 
                        disabilities, and children with other 
                        special needs;
                          [(iv) professional development to 
                        train early childhood educators in 
                        identifying and preventing behavioral 
                        problems in children or working with 
                        children identified as or suspected to 
                        be victims of abuse;
                          [(v) activities that assist and 
                        support early childhood educators 
                        during their first 3 years in the 
                        field;
                          [(vi) development and implementation 
                        of early childhood educator 
                        professional development programs that 
                        make use of distance learning and other 
                        technologies;
                          [(vii) professional development 
                        activities related to the selection and 
                        use of screening and diagnostic 
                        assessments to improve teaching and 
                        learning; and
                          [(viii) data collection, evaluation, 
                        and reporting needed to meet the 
                        requirements of paragraph (6) relating 
                        to accountability.
          [(6) Accountability.--
                  [(A) Achievement indicators.--On the date on 
                which the Secretary first issues a notice 
                soliciting applications for grants under this 
                subsection, the Secretary shall announce 
                achievement indicators for this subsection, 
                which shall be designed--
                          [(i) to measure the quality and 
                        accessibility of the professional 
                        development provided;
                          [(ii) to measure the impact of that 
                        professional development on the early 
                        childhood education provided by the 
                        individuals who receive the 
                        professional development; and
                          [(iii) to provide such other measures 
                        of program impact as the Secretary 
                        determines to be appropriate.
                  [(B) Annual reports; termination.--
                          [(i) Annual reports.--Each 
                        partnership receiving a grant under 
                        this subsection shall report annually 
                        to the Secretary on the partnership's 
                        progress toward attaining the 
                        achievement indicators.
                          [(ii) Termination.--The Secretary may 
                        terminate a grant under this subsection 
                        at any time if the Secretary determines 
                        that the partnership receiving the 
                        grant is not making satisfactory 
                        progress toward attaining the 
                        achievement indicators.
          [(7) Cost-sharing.--
                  [(A) In general.--Each partnership carrying 
                out a project through a grant awarded under 
                this subsection shall provide, from sources 
                other than the program carried out under this 
                subsection, which may include Federal sources--
                          [(i) at least 50 percent of the total 
                        cost of the project for the grant 
                        period; and
                          [(ii) at least 20 percent of the 
                        project cost for each year.
                  [(B) Acceptable contributions.--A partnership 
                may meet the requirements of subparagraph (A) 
                by providing contributions in cash or in kind, 
                fairly evaluated, including plant, equipment, 
                and services.
                  [(C) Waivers.--The Secretary may waive or 
                modify the requirements of subparagraph (A) for 
                partnerships in cases of demonstrated financial 
                hardship.
          [(8) Federal coordination.--The Secretary and the 
        Secretary of Health and Human Services shall coordinate 
        activities carried out through programs under this 
        subsection with activities carried out through other 
        early childhood programs administered by the Secretary 
        or the Secretary of Health and Human Services.
          [(9) Definitions.--In this subsection:
                  [(A) Early childhood educator.--The term 
                ``early childhood educator'' means a person 
                providing, or employed by a provider of, 
                nonresidential child care services (including 
                center-based, family-based, and in-home child 
                care services) that is legally operating under 
                State law, and that complies with applicable 
                State and local requirements for the provision 
                of child care services to children at any age 
                from birth through the age at which a child may 
                start kindergarten in that State.
                  [(B) High-need community.--
                          [(i) In general.--The term ``high-
                        need community'' means--
                                  [(I) a political subdivision 
                                of a State, or a portion of a 
                                political subdivision of a 
                                State, in which at least 50 
                                percent of the children are 
                                from low-income families; or
                                  [(II) a political subdivision 
                                of a State that is among the 10 
                                percent of political 
                                subdivisions of the State 
                                having the greatest numbers of 
                                such children.
                          [(ii) Determination.--In determining 
                        which communities are described in 
                        clause (i), the Secretary shall use 
                        such data as the Secretary determines 
                        are most accurate and appropriate.
                  [(C) Low-income family.--The term ``low-
                income family'' means a family with an income 
                below the poverty line for the most recent 
                fiscal year for which satisfactory data are 
                available.
  [(f) Teacher Mobility.--
          [(1) Establishment.--The Secretary is authorized to 
        establish a panel to be known as the National Panel on 
        Teacher Mobility (referred to in this subsection as the 
        ``panel'').
          [(2) Membership.--The panel shall be composed of 12 
        members appointed by the Secretary. The Secretary shall 
        appoint the members from among practitioners and 
        experts with experience relating to teacher mobility, 
        such as teachers, members of teacher certification or 
        licensing bodies, faculty of institutions of higher 
        education that prepare teachers, and State policymakers 
        with such experience.
          [(3) Period of appointment; vacancies.--Members shall 
        be appointed for the life of the panel. Any vacancy in 
        the panel shall not affect the powers of the panel, but 
        shall be filled in the same manner as the original 
        appointment.
          [(4) Duties.--
                  [(A) Study.--
                          [(i) In general.--The panel shall 
                        study strategies for increasing 
                        mobility and employment opportunities 
                        for highly qualified teachers, 
                        especially for States with teacher 
                        shortages and States with school 
                        districts or schools that are difficult 
                        to staff.
                          [(ii) Data and analysis.--As part of 
                        the study, the panel shall evaluate the 
                        desirability and feasibility of State 
                        initiatives that support teacher 
                        mobility by collecting data and 
                        conducting effective analysis 
                        concerning--
                                  [(I) teacher supply and 
                                demand;
                                  [(II) the development of 
                                recruitment and hiring 
                                strategies that support 
                                teachers; and
                                  [(III) increasing reciprocity 
                                of certification and licensing 
                                across States.
                  [(B) Report.--Not later than 1 year after the 
                date on which all members of the panel have 
                been appointed, the panel shall submit to the 
                Secretary and to the appropriate committees of 
                Congress a report containing the results of the 
                study.
          [(5) Powers.--
                  [(A) Hearings.--The panel may hold such 
                hearings, sit and act at such times and places, 
                take such testimony, and receive such evidence 
                as the panel considers advisable to carry out 
                the objectives of this subsection.
                  [(B) Information from federal agencies.--The 
                panel may secure directly from any Federal 
                department or agency such information as the 
                panel considers necessary to carry out the 
                provisions of this subsection. Upon request of 
                a majority of the members of the panel, the 
                head of such department or agency shall furnish 
                such information to the panel.
                  [(C) Postal services.--The panel may use the 
                United States mails in the same manner and 
                under the same conditions as other departments 
                and agencies of the Federal Government.
          [(6) Personnel.--
                  [(A) Travel expenses.--The members of the 
                panel shall not receive compensation for the 
                performance of services for the panel, but 
                shall be allowed travel expenses, including per 
                diem in lieu of subsistence, at rates 
                authorized for employees of agencies under 
                subchapter I of chapter 57 of title 5, United 
                States Code, while away from their homes or 
                regular places of business in the performance 
                of services for the panel. Notwithstanding 
                section 1342 of title 31, United States Code, 
                the Secretary may accept the voluntary and 
                uncompensated services of members of the panel.
                  [(B) Detail of government employees.--Any 
                Federal Government employee may be detailed to 
                the panel without reimbursement, and such 
                detail shall be without interruption or loss of 
                civil service status or privilege.
          [(7) Permanent committee.--Section 14 of the Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to the panel.]

             [PART B--MATHEMATICS AND SCIENCE PARTNERSHIPS]

[SEC. 2201. PURPOSE; DEFINITIONS.]

  [(a) Purpose.--The purpose of this part is to improve the 
academic achievement of students in the areas of mathematics 
and science by encouraging State educational agencies, 
institutions of higher education, local educational agencies, 
elementary schools, and secondary schools to participate in 
programs that--
          [(1) improve and upgrade the status and stature of 
        mathematics and science teaching by encouraging 
        institutions of higher education to assume greater 
        responsibility for improving mathematics and science 
        teacher education through the establishment of a 
        comprehensive, integrated system of recruiting, 
        training, and advising mathematics and science 
        teachers;
          [(2) focus on the education of mathematics and 
        science teachers as a career-long process that 
        continuously stimulates teachers' intellectual growth 
        and upgrades teachers' knowledge and skills;
          [(3) bring mathematics and science teachers in 
        elementary schools and secondary schools together with 
        scientists, mathematicians, and engineers to increase 
        the subject matter knowledge of mathematics and science 
        teachers and improve such teachers' teaching skills 
        through the use of sophisticated laboratory equipment 
        and work space, computing facilities, libraries, and 
        other resources that institutions of higher education 
        are better able to provide than the elementary schools 
        and secondary schools;
          [(4) develop more rigorous mathematics and science 
        curricula that are aligned with challenging State and 
        local academic content standards and with the standards 
        expected for postsecondary study in engineering, 
        mathematics, and science; and
          [(5) improve and expand training of mathematics and 
        science teachers, including training such teachers in 
        the effective integration of technology into curricula 
        and instruction.
  [(b) Definitions.--In this part:
          [(1) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership that--
                  [(A) shall include--
                          [(i) if grants are awarded under 
                        section 2202(a)(1), a State educational 
                        agency;
                          [(ii) an engineering, mathematics, or 
                        science department of an institution of 
                        higher education; and
                          [(iii) a high-need local educational 
                        agency; and
                  [(B) may include--
                          [(i) another engineering, 
                        mathematics, science, or teacher 
                        training department of an institution 
                        of higher education;
                          [(ii) additional local educational 
                        agencies, public charter schools, 
                        public or private elementary schools or 
                        secondary schools, or a consortium of 
                        such schools;
                          [(iii) a business; or
                          [(iv) a nonprofit or for-profit 
                        organization of demonstrated 
                        effectiveness in improving the quality 
                        of mathematics and science teachers.
          [(2) Summer workshop or institute.--The term ``summer 
        workshop or institute'' means a workshop or institute, 
        conducted during the summer, that--
                  [(A) is conducted for a period of not less 
                than 2 weeks;
                  [(B) includes, as a component, a program that 
                provides direct interaction between students 
                and faculty; and
                  [(C) provides for followup training during 
                the academic year that is conducted in the 
                classroom for a period of not less than three 
                consecutive or nonconsecutive days, except 
                that--
                          [(i) if the workshop or institute is 
                        conducted during a 2-week period, the 
                        followup training shall be conducted 
                        for a period of not less than 4 days; 
                        and
                          [(ii) if the followup training is for 
                        teachers in rural school districts, the 
                        followup training may be conducted 
                        through distance learning.]

[SEC. 2202. GRANTS FOR MATHEMATICS AND SCIENCE PARTNERSHIPS.]

  [(a) Grants Authorized.--
          [(1) Grants to partnerships.--For any fiscal year for 
        which the funds appropriated under section 2203 are 
        less than $100,000,000, the Secretary is authorized to 
        award grants, on a competitive basis, to eligible 
        partnerships to carry out the authorized activities 
        described in subsection (c).
          [(2) Grants to state educational agencies.--
                  [(A) In general.--For any fiscal year for 
                which the funds appropriated under section 2203 
                equal or exceed $100,000,000--
                          [(i) if an eligible partnership in 
                        the State was previously awarded a 
                        grant under paragraph (1), and the 
                        grant period has not ended, the 
                        Secretary shall reserve funds in a 
                        sufficient amount to make payments to 
                        the partnership in accordance with the 
                        terms of the grant; and
                          [(ii) the Secretary is authorized to 
                        award grants to State educational 
                        agencies to enable such agencies to 
                        award subgrants, on a competitive 
                        basis, to eligible partnerships to 
                        carry out the authorized activities 
                        described in subsection (c).
                  [(B) Allotment.--The Secretary shall allot 
                the amount made available under this part for a 
                fiscal year and not reserved under subparagraph 
                (A)(i) among the State educational agencies in 
                proportion to the number of children, aged 5 to 
                17, who are from families with incomes below 
                the poverty line and reside in a State for the 
                most recent fiscal year for which satisfactory 
                data are available, as compared to the number 
                of such children who reside in all such States 
                for such year.
                  [(C) Minimum allotment.--The amount of any 
                State educational agency's allotment under 
                subparagraph (B) for any fiscal year may not be 
                less than one-half of 1 percent of the amount 
                made available under this part for such year.
          [(3) Duration.--The Secretary shall award grants 
        under this part for a period of 3 years.
          [(4) Supplement, not supplant.--Funds received under 
        this part shall be used to supplement, and not 
        supplant, funds that would otherwise be used for 
        activities authorized under this part.
  [(b) Application Requirements.--
          [(1) In general.--Each eligible partnership desiring 
        a grant or subgrant under this part shall submit an 
        application--
                  [(A) in the case of grants awarded pursuant 
                to subsection (a)(1), to the Secretary, at such 
                time, in such manner, and accompanied by such 
                information as the Secretary may require; or
                  [(B) in the case of subgrants awarded 
                pursuant to subsection (a)(2), to the State 
                educational agency, at such time, in such 
                manner, and accompanied by such information as 
                the State educational agency may require.
          [(2) Contents.--Each application submitted pursuant 
        to paragraph (1) shall include--
                  [(A) the results of a comprehensive 
                assessment of the teacher quality and 
                professional development needs of any schools, 
                local educational agencies, and State 
                educational agencies that comprise the eligible 
                partnership with respect to the teaching and 
                learning of mathematics and science;
                  [(B) a description of how the activities to 
                be carried out by the eligible partnership will 
                be aligned with challenging State academic 
                content and student academic achievement 
                standards in mathematics and science and with 
                other educational reform activities that 
                promote student academic achievement in 
                mathematics and science;
                  [(C) a description of how the activities to 
                be carried out by the eligible partnership will 
                be based on a review of scientifically based 
                research, and an explanation of how the 
                activities are expected to improve student 
                academic achievement and strengthen the quality 
                of mathematics and science instruction;
                  [(D) a description of--
                          [(i) how the eligible partnership 
                        will carry out the authorized 
                        activities described in subsection (c); 
                        and
                          [(ii) the eligible partnership's 
                        evaluation and accountability plan 
                        described in subsection (e); and
                  [(E) a description of how the eligible 
                partnership will continue the activities funded 
                under this part after the original grant or 
                subgrant period has expired.
  [(c) Authorized Activities.--An eligible partnership shall 
use funds provided under this part for one or more of the 
following activities related to elementary schools or secondary 
schools:
          [(1) Creating opportunities for enhanced and ongoing 
        professional development of mathematics and science 
        teachers that improves the subject matter knowledge of 
        such teachers.
          [(2) Promoting strong teaching skills for mathematics 
        and science teachers and teacher educators, including 
        integrating reliable scientifically based research 
        teaching methods and technology-based teaching methods 
        into the curriculum.
          [(3) Establishing and operating mathematics and 
        science summer workshops or institutes, including 
        followup training, for elementary school and secondary 
        school mathematics and science teachers that--
                  [(A) shall--
                          [(i) directly relate to the 
                        curriculum and academic areas in which 
                        the teacher provides instruction, and 
                        focus only secondarily on pedagogy;
                          [(ii) enhance the ability of the 
                        teacher to understand and use the 
                        challenging State academic content 
                        standards for mathematics and science 
                        and to select appropriate curricula; 
                        and
                          [(iii) train teachers to use 
                        curricula that are--
                                  [(I) based on scientific 
                                research;
                                  [(II) aligned with 
                                challenging State academic 
                                content standards; and
                                  [(III) object-centered, 
                                experiment-oriented, and 
                                concept- and content-based; and
                  [(B) may include--
                          [(i) programs that provide teachers 
                        and prospective teachers with 
                        opportunities to work under the 
                        guidance of experienced teachers and 
                        college faculty;
                          [(ii) instruction in the use of data 
                        and assessments to inform and instruct 
                        classroom practice; and
                          [(iii) professional development 
                        activities, including supplemental and 
                        followup activities, such as curriculum 
                        alignment, distance learning, and 
                        activities that train teachers to 
                        utilize technology in the classroom.
          [(4) Recruiting mathematics, engineering, and science 
        majors to teaching through the use of--
                  [(A) signing and performance incentives that 
                are linked to activities proven effective in 
                retaining teachers, for individuals with 
                demonstrated professional experience in 
                mathematics, engineering, or science;
                  [(B) stipends provided to mathematics and 
                science teachers for certification through 
                alternative routes;
                  [(C) scholarships for teachers to pursue 
                advanced course work in mathematics, 
                engineering, or science; and
                  [(D) other programs that the State 
                educational agency determines to be effective 
                in recruiting and retaining individuals with 
                strong mathematics, engineering, or science 
                backgrounds.
          [(5) Developing or redesigning more rigorous 
        mathematics and science curricula that are aligned with 
        challenging State and local academic content standards 
        and with the standards expected for postsecondary study 
        in mathematics and science.
          [(6) Establishing distance learning programs for 
        mathematics and science teachers using curricula that 
        are innovative, content-based, and based on 
        scientifically based research that is current as of the 
        date of the program involved.
          [(7) Designing programs to prepare a mathematics or 
        science teacher at a school to provide professional 
        development to other mathematics or science teachers at 
        the school and to assist beginning and other teachers 
        at the school, including (if applicable) a mechanism to 
        integrate the teacher's experiences from a summer 
        workshop or institute into the provision of 
        professional development and assistance.
          [(8) Establishing and operating programs to bring 
        mathematics and science teachers into contact with 
        working scientists, mathematicians, and engineers, to 
        expand such teachers' subject matter knowledge of and 
        research in science and mathematics.
          [(9) Designing programs to identify and develop 
        exemplary mathematics and science teachers in the 
        kindergarten through grade 8 classrooms.
          [(10) Training mathematics and science teachers and 
        developing programs to encourage young women and other 
        underrepresented individuals in mathematics and science 
        careers (including engineering and technology) to 
        pursue postsecondary degrees in majors leading to such 
        careers.
  [(d) Coordination and Consultation.--
          [(1) Partnership grants.--An eligible partnership 
        receiving a grant under section 203 of the Higher 
        Education Act of 1965 shall coordinate the use of such 
        funds with any related activities carried out by such 
        partnership with funds made available under this part.
          [(2) National science foundation.--In carrying out 
        the activities authorized by this part, the Secretary 
        shall consult and coordinate with the Director of the 
        National Science Foundation, particularly with respect 
        to the appropriate roles for the Department and the 
        Foundation in the conduct of summer workshops, 
        institutes, or partnerships to improve mathematics and 
        science teaching in elementary schools and secondary 
        schools.
  [(e) Evaluation and Accountability Plan.--
          [(1) In general.--Each eligible partnership receiving 
        a grant or subgrant under this part shall develop an 
        evaluation and accountability plan for activities 
        assisted under this part that includes rigorous 
        objectives that measure the impact of activities funded 
        under this part.
          [(2) Contents.--The plan developed pursuant to 
        paragraph (1)--
                  [(A) shall include measurable objectives to 
                increase the number of mathematics and science 
                teachers who participate in content-based 
                professional development activities;
                  [(B) shall include measurable objectives for 
                improved student academic achievement on State 
                mathematics and science assessments or, where 
                applicable, an International Mathematics and 
                Science Study assessment; and
                  [(C) may include objectives and measures 
                for--
                          [(i) increased participation by 
                        students in advanced courses in 
                        mathematics and science;
                          [(ii) increased percentages of 
                        elementary school teachers with 
                        academic majors or minors, or group 
                        majors or minors, in mathematics, 
                        engineering, or the sciences; and
                          [(iii) increased percentages of 
                        secondary school classes in mathematics 
                        and science taught by teachers with 
                        academic majors in mathematics, 
                        engineering, and science.
  [(f) Report.--Each eligible partnership receiving a grant or 
subgrant under this part shall report annually to the Secretary 
regarding the eligible partnership's progress in meeting the 
objectives described in the accountability plan of the 
partnership under subsection (e).]

[SEC. 2203. AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated to carry out this 
part $450,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years.]

                [PART C--INNOVATION FOR TEACHER QUALITY]

                  [Subpart 1--Transitions to Teaching]

                [CHAPTER A--TROOPS-TO-TEACHERS PROGRAM]

[SEC. 2301. DEFINITIONS.]

  [In this chapter:
          [(1) Armed forces.--The term ``Armed Forces'' means 
        the Army, Navy, Air Force, Marine Corps, and Coast 
        Guard.
          [(2) Member of the armed forces.--The term ``member 
        of the Armed Forces'' includes a former member of the 
        Armed Forces.
          [(3) Program.--The term ``Program'' means the Troops-
        to-Teachers Program authorized by this chapter.
          [(4) Reserve component.--The term ``reserve 
        component'' means--
                  [(A) the Army National Guard of the United 
                States;
                  [(B) the Army Reserve;
                  [(C) the Navy Reserve;
                  [(D) the Marine Corps Reserve;
                  [(E) the Air National Guard of the United 
                States;
                  [(F) the Air Force Reserve; and
                  [(G) the Coast Guard Reserve.
          [(5) Secretary concerned.--The term ``Secretary 
        concerned'' means--
                  [(A) the Secretary of the Army, with respect 
                to matters concerning a reserve component of 
                the Army;
                  [(B) the Secretary of the Navy, with respect 
                to matters concerning reserve components named 
                in subparagraphs (C) and (D) of paragraph (4);
                  [(C) the Secretary of the Air Force, with 
                respect to matters concerning a reserve 
                component of the Air Force; and
                  [(D) the Secretary of Homeland Security, with 
                respect to matters concerning the Coast Guard 
                Reserve.]

[SEC. 2302. [20 U.S.C. 6672] AUTHORIZATION OF TROOPS-TO-TEACHERS 
                    PROGRAM.]

  [(a) Purpose.--The purpose of this section is to authorize a 
mechanism for the funding and administration of the Troops-to-
Teachers Program, which was originally established by the 
Troops-to-Teachers Program Act of 1999 (title XVII of the 
National Defense Authorization Act for Fiscal Year 2000) (20 
U.S.C. 9301 et seq.).
  [(b) Program Authorized.--The Secretary may carry out a 
program (to be known as the ``Troops-to-Teachers Program'')--
          [(1) to assist eligible members of the Armed Forces 
        described in section 2303 to obtain certification or 
        licensing as elementary school teachers, secondary 
        school teachers, or vocational or technical teachers, 
        and to become highly qualified teachers; and
          [(2) to facilitate the employment of such members--
                  [(A) by local educational agencies or public 
                charter schools that the Secretary identifies 
                as--
                          [(i) receiving grants under part A of 
                        title I as a result of having within 
                        their jurisdictions concentrations of 
                        children from low-income families; or
                          [(ii) experiencing a shortage of 
                        highly qualified teachers, in 
                        particular a shortage of science, 
                        mathematics, special education, or 
                        vocational or technical teachers; and
                  [(B) in elementary schools or secondary 
                schools, or as vocational or technical 
                teachers.
  [(c) Administration of Program.--The Secretary shall enter 
into a memorandum of agreement with the Secretary of Defense 
under which the Secretary of Defense, acting through the 
Defense Activity for Non-Traditional Education Support of the 
Department of Defense, will perform the actual administration 
of the Program, other than section 2306. Using funds 
appropriated to the Secretary to carry out this chapter, the 
Secretary shall transfer to the Secretary of Defense such 
amounts as may be necessary to administer the Program pursuant 
to the memorandum of agreement.
  [(d) Information Regarding Program.--The Secretary shall 
provide to the Secretary of Defense information regarding the 
Program and applications to participate in the Program, for 
distribution as part of preseparation counseling provided under 
section 1142 of title 10, United States Code, to members of the 
Armed Forces described in section 2303.
  [(e) Placement Assistance and Referral Services.--The 
Secretary may, with the agreement of the Secretary of Defense, 
provide placement assistance and referral services to members 
of the Armed Forces who meet the criteria described in section 
2303, including meeting education qualification requirements 
under subsection 2303(c)(2). Such members shall not be eligible 
for financial assistance under subsections (c) and (d) of 
section 2304.]

[SEC. 2303. RECRUITMENT AND SELECTION OF PROGRAM PARTICIPANTS.]

  [(a) Eligible Members.--The following members of the Armed 
Forces are eligible for selection to participate in the 
Program:
          [(1) Any member who--
                  [(A) on or after October 1, 1999, becomes 
                entitled to retired or retainer pay in the 
                manner provided in title 10 or title 14, United 
                States Code;
                  [(B) has an approved date of retirement that 
                is within 1 year after the date on which the 
                member submits an application to participate in 
                the Program; or
                  [(C) has been transferred to the Retired 
                Reserve.
          [(2) Any member who, on or after the date of 
        enactment of the No Child Left Behind Act of 2001--
                  [(A)(i) is separated or released from active 
                duty after 6 or more years of continuous active 
                duty immediately before the separation or 
                release; or
                  [(ii) has completed a total of at least 10 
                years of active duty service, 10 years of 
                service computed under section 12732 of title 
                10, United States Code, or 10 years of any 
                combination of such service; and
                  [(B) executes a reserve commitment agreement 
                for a period of not less than 3 years under 
                subsection (e)(2).
          [(3) Any member who, on or after the date of 
        enactment of the No Child Left Behind Act of 2001, is 
        retired or separated for physical disability under 
        chapter 61 of title 10, United States Code.
          [(4) Any member who--
                  [(A) during the period beginning on October 
                1, 1990, and ending on September 30, 1999, was 
                involuntarily discharged or released from 
                active duty for purposes of a reduction of 
                force after 6 or more years of continuous 
                active duty immediately before the discharge or 
                release; or
                  [(B) applied for the teacher placement 
                program administered under section 1151 of 
                title 10, United States Code, before the repeal 
                of that section, and satisfied the eligibility 
                criteria specified in subsection (c) of such 
                section 1151.
  [(b) Submission of Applications.--
          [(1) Form and submission.--Selection of eligible 
        members of the Armed Forces to participate in the 
        Program shall be made on the basis of applications 
        submitted to the Secretary within the time periods 
        specified in paragraph (2). An application shall be in 
        such form and contain such information as the Secretary 
        may require.
          [(2) Time for submission.--An application shall be 
        considered to be submitted on a timely basis under 
        paragraph (1) if--
                  [(A) in the case of a member described in 
                paragraph (1)(A), (2), or (3) of subsection 
                (a), the application is submitted not later 
                than 4 years after the date on which the member 
                is retired or separated or released from active 
                duty, whichever applies to the member; or
                  [(B) in the case of a member described in 
                subsection (a)(4), the application is submitted 
                not later than September 30, 2003.
  [(c) Selection Criteria.--
          [(1) Establishment.--Subject to paragraphs (2) and 
        (3), the Secretary shall prescribe the criteria to be 
        used to select eligible members of the Armed Forces to 
        participate in the Program.
          [(2) Educational background.--
                  [(A) Elementary or secondary school 
                teacher.--If a member of the Armed Forces 
                described in paragraph (1), (2), or (3) of 
                subsection (a) is applying for assistance for 
                placement as an elementary school or secondary 
                school teacher, the Secretary shall require the 
                member to have received a baccalaureate or 
                advanced degree from an accredited institution 
                of higher education.
                  [(B) Vocational or technical teacher.--If a 
                member of the Armed Forces described in 
                paragraph (1), (2), or (3) of subsection (a) is 
                applying for assistance for placement as a 
                vocational or technical teacher, the Secretary 
                shall require the member--
                          [ave received the equivalent of 1 
                        year of college from an accredited 
                        institution of higher education and 
                        have 6 or more years of military 
                        experience in a vocational or technical 
                        field; or
                          [(ii) to otherwise meet the 
                        certification or licensing requirements 
                        for a vocational or technical teacher 
                        in the State in which the member seeks 
                        assistance for placement under the 
                        Program.
          [(3) Honorable service.--A member of the Armed Forces 
        is eligible to participate in the Program only if the 
        member's last period of service in the Armed Forces was 
        honorable, as characterized by the Secretary concerned 
        (as defined in section 101(a)(9) of title 10, United 
        States Code). A member selected to participate in the 
        Program before the retirement of the member or the 
        separation or release of the member from active duty 
        may continue to participate in the Program after the 
        retirement, separation, or release only if the member's 
        last period of service is characterized as honorable by 
        the Secretary concerned (as so defined).
  [(d) Selection Priorities.--In selecting eligible members of 
the Armed Forces to receive assistance under the Program, the 
Secretary shall give priority to members who have educational 
or military experience in science, mathematics, special 
education, or vocational or technical subjects and agree to 
seek employment as science, mathematics, or special education 
teachers in elementary schools or secondary schools or in other 
schools under the jurisdiction of a local educational agency.
  [(e) Other Conditions on Selection.--
          [(1) Selection subject to funding.--The Secretary may 
        not select an eligible member of the Armed Forces to 
        participate in the Program under this section and 
        receive financial assistance under section 2304 unless 
        the Secretary has sufficient appropriations for the 
        Program available at the time of the selection to 
        satisfy the obligations to be incurred by the United 
        States under section 2304 with respect to the member.
          [(2) Reserve commitment agreement.--The Secretary may 
        not select an eligible member of the Armed Forces 
        described in subsection (a)(2)(A) to participate in the 
        Program under this section and receive financial 
        assistance under section 2304 unless--
                  [(A) the Secretary notifies the Secretary 
                concerned and the member that the Secretary has 
                reserved a full stipend or bonus under section 
                2304 for the member; and
                  [(B) the member executes a written agreement 
                with the Secretary concerned to serve as a 
                member of the Selected Reserve of a reserve 
                component of the Armed Forces for a period of 
                not less than 3 years (in addition to any other 
                reserve commitment the member may have).]

[SEC. 2304. [20 U.S.C. 6674] PARTICIPATION AGREEMENT AND FINANCIAL 
                    ASSISTANCE.]

  [(a) Participation Agreement.--
          [(1) In general.--An eligible member of the Armed 
        Forces selected to participate in the Program under 
        section 2303 and receive financial assistance under 
        this section shall be required to enter into an 
        agreement with the Secretary in which the member 
        agrees--
                  [(A) within such time as the Secretary may 
                require, to obtain certification or licensing 
                as an elementary school teacher, secondary 
                school teacher, or vocational or technical 
                teacher, and to become a highly qualified 
                teacher; and
                  [(B) to accept an offer of full-time 
                employment as an elementary school teacher, 
                secondary school teacher, or vocational or 
                technical teacher for not less than 3 school 
                years with a high-need local educational agency 
                or public charter school, as such terms are 
                defined in section 2101, to begin the school 
                year after obtaining that certification or 
                licensing.
          [(2) Waiver.--The Secretary may waive the 3-year 
        commitment described in paragraph (1)(B) for a 
        participant if the Secretary determines such waiver to 
        be appropriate. If the Secretary provides the waiver, 
        the participant shall not be considered to be in 
        violation of the agreement and shall not be required to 
        provide reimbursement under subsection (f), for failure 
        to meet the 3-year commitment.
  [(b) Violation of Participation Agreement; Exceptions.--A 
participant in the Program shall not be considered to be in 
violation of the participation agreement entered into under 
subsection (a) during any period in which the participant--
          [(1) is pursuing a full-time course of study related 
        to the field of teaching at an institution of higher 
        education;
          [(2) is serving on active duty as a member of the 
        Armed Forces;
          [(3) is temporarily totally disabled for a period of 
        time not to exceed 3 years as established by sworn 
        affidavit of a qualified physician;
          [(4) is unable to secure employment for a period not 
        to exceed 12 months by reason of the care required by a 
        spouse who is disabled;
          [(5) is a highly qualified teacher who is seeking and 
        unable to find full-time employment as a teacher in an 
        elementary school or secondary school or as a 
        vocational or technical teacher for a single period not 
        to exceed 27 months; or
          [(6) satisfies the provisions of additional 
        reimbursement exceptions that may be prescribed by the 
        Secretary.
  [(c) Stipend for Participants.--
          [(1) Stipend authorized.--Subject to paragraph (2), 
        the Secretary may pay to a participant in the Program 
        selected under section 2303 a stipend in an amount of 
        not more than $5,000.
          [(2) Limitation.--The total number of stipends that 
        may be paid under paragraph (1) in any fiscal year may 
        not exceed 5,000.
  [(d) Bonus for Participants.--
          [(1) Bonus authorized.--Subject to paragraph (2), the 
        Secretary may, in lieu of paying a stipend under 
        subsection (c), pay a bonus of $10,000 to a participant 
        in the Program selected under section 2303 who agrees 
        in the participation agreement under subsection (a) to 
        become a highly qualified teacher and to accept full-
        time employment as an elementary school teacher, 
        secondary school teacher, or vocational or technical 
        teacher for not less than 3 school years in a high-need 
        school.
          [(2) Limitation.--The total number of bonuses that 
        may be paid under paragraph (1) in any fiscal year may 
        not exceed 3,000.
          [(3) High-need school defined.--In this subsection, 
        the term ``high-need school'' means a public elementary 
        school, public secondary school, or public charter 
        school that meets one or more of the following 
        criteria:
                  [(A) Low-income children.--At least 50 
                percent of the students enrolled in the school 
                were from low-income families (as described in 
                section 2302(b)(2)(A)(i)).
                  [(B) Children with disabilities.--The school 
                has a large percentage of students who qualify 
                for assistance under part B of the Individuals 
                with Disabilities Education Act.
  [(e) Treatment of Stipend and Bonus.--A stipend or bonus paid 
under this section to a participant in the Program shall be 
taken into account in determining the eligibility of the 
participant for Federal student financial assistance provided 
under title IV of the Higher Education Act of 1965.
  [(f) Reimbursement Under Certain Circumstances.--
          [(1) Reimbursement required.--A participant in the 
        Program who is paid a stipend or bonus under this 
        section shall be required to repay the stipend or bonus 
        under the following circumstances:
                  [(A) Failure to obtain qualifications or 
                employment.--The participant fails to obtain 
                teacher certification or licensing, to become a 
                highly qualified teacher, or to obtain 
                employment as an elementary school teacher, 
                secondary school teacher, or vocational or 
                technical teacher as required by the 
                participation agreement under subsection (a).
                  [(B) Termination of employment.--The 
                participant voluntarily leaves, or is 
                terminated for cause from, employment as an 
                elementary school teacher, secondary school 
                teacher, or vocational or technical teacher 
                during the 3 years of required service in 
                violation of the participation agreement.
                  [(C) Failure to complete service under 
                reserve commitment agreement.--The participant 
                executed a written agreement with the Secretary 
                concerned under section 2303(e)(2) to serve as 
                a member of a reserve component of the Armed 
                Forces for a period of 3 years and fails to 
                complete the required term of service.
          [(2) Amount of reimbursement.--A participant required 
        to reimburse the Secretary for a stipend or bonus paid 
        to the participant under this section shall pay an 
        amount that bears the same ratio to the amount of the 
        stipend or bonus as the unserved portion of required 
        service bears to the 3 years of required service. Any 
        amount owed by the participant shall bear interest at 
        the rate equal to the highest rate being paid by the 
        United States on the day on which the reimbursement is 
        determined to be due for securities having maturities 
        of 90 days or less and shall accrue from the day on 
        which the participant is first notified of the amount 
        due.
          [(3) Treatment of obligation.--The obligation to 
        reimburse the Secretary under this subsection is, for 
        all purposes, a debt owing the United States. A 
        discharge in bankruptcy under title 11, United States 
        Code, shall not release a participant from the 
        obligation to reimburse the Secretary under this 
        subsection.
          [(4) Exceptions to reimbursement requirement.--A 
        participant shall be excused from reimbursement under 
        this subsection if the participant becomes permanently 
        totally disabled as established by sworn affidavit of a 
        qualified physician. The Secretary may also waive the 
        reimbursement in cases of extreme hardship to the 
        participant, as determined by the Secretary.
  [(g) Relationship to Educational Assistance Under Montgomery 
GI Bill.--The receipt by a participant in the Program of a 
stipend or bonus under this section shall not reduce or 
otherwise affect the entitlement of the participant to any 
benefits under chapter 30 of title 38, United States Code, or 
chapter 1606 of title 10, United States Code.]

[SEC. 2305. [20 U.S.C. 6675] PARTICIPATION BY STATES.]

  [(a) Discharge of State Activities Through Consortia of 
States.--The Secretary may permit States participating in the 
Program to carry out activities authorized for such States 
under the Program through one or more consortia of such States.
  [(b) Assistance to States.--
          [(1) Grants authorized.--Subject to paragraph (2), 
        the Secretary may make grants to States participating 
        in the Program, or to consortia of such States, in 
        order to permit such States or consortia of States to 
        operate offices for purposes of recruiting eligible 
        members of the Armed Forces for participation in the 
        Program and facilitating the employment of participants 
        in the Program as elementary school teachers, secondary 
        school teachers, and vocational or technical teachers.
          [(2) Limitation.--The total amount of grants made 
        under paragraph (1) in any fiscal year may not exceed 
        $5,000,000.]

[SEC. 2306. [20 U.S.C. 6676] SUPPORT OF INNOVATIVE PRERETIREMENT 
                    TEACHER CERTIFICATION PROGRAMS.]

  [(a) Purpose.--The purpose of this section is to provide 
funding to develop, implement, and demonstrate teacher 
certification programs.
  [(b) Development, Implementation and Demonstration.--The 
Secretary may enter into a memorandum of agreement with a State 
educational agency, an institution of higher education, or a 
consortia of State educational agencies or institutions of 
higher education, to develop, implement, and demonstrate 
teacher certification programs for members of the Armed Forces 
described in section 2303(a)(1)(B) for the purpose of assisting 
such members to consider and prepare for a career as a highly 
qualified elementary school teacher, secondary school teacher, 
or vocational or technical teacher upon retirement from the 
Armed Forces.
  [(c) Program Elements.--A teacher certification program under 
subsection (b) shall--
          [(1) provide recognition of military experience and 
        training as related to certification or licensing 
        requirements;
          [(2) provide courses of instruction that may be 
        conducted on or near a military installation;
          [(3) incorporate alternative approaches to achieve 
        teacher certification, such as innovative methods to 
        gaining field-based teaching experiences, and 
        assessment of background and experience as related to 
        skills, knowledge, and abilities required of elementary 
        school teachers, secondary school teachers, or 
        vocational or technical teachers;
          [(4) provide for courses to be delivered via distance 
        education methods; and
          [(5) address any additional requirements or 
        specifications established by the Secretary.
  [(d) Application Procedures.--
          [(1) In general.--A State educational agency or 
        institution of higher education (or a consortium of 
        State educational agencies or institutions of higher 
        education) that desires to enter into a memorandum 
        under subsection (b) shall prepare and submit to the 
        Secretary a proposal, at such time, in such manner, and 
        containing such information as the Secretary may 
        require, including an assurance that the State 
        educational agency, institution, or consortium is 
        operating a program leading to State approved teacher 
        certification.
          [(2) Preference.--The Secretary shall give preference 
        to State educational agencies, institutions, and 
        consortia that submit proposals that provide for cost 
        sharing with respect to the program involved.
  [(e) Continuation of Programs.--Upon successful completion of 
the demonstration phase of teacher certification programs 
funded under this section, the continued operation of the 
teacher certification programs shall not be the responsibility 
of the Secretary. A State educational agency, institution, or 
consortium that desires to continue a program that is funded 
under this section after such funding is terminated shall use 
amounts derived from tuition charges to continue such program.
  [(f) Funding Limitation.--The total amount obligated by the 
Secretary under this section for any fiscal year may not exceed 
$10,000,000.]

[SEC. 2307. REPORTING REQUIREMENTS.]

  [(a) Report Required.--Not later than March 31, 2006, the 
Secretary (in consultation with the Secretary of Defense and 
the Secretary of Homeland Security) and the Comptroller General 
of the United States shall submit to Congress a report on the 
effectiveness of the Program in the recruitment and retention 
of qualified personnel by local educational agencies and public 
charter schools.
  [(b) Elements of Report.--The report submitted under 
subsection (a) shall include information on the following:
          [(1) The number of participants in the Program.
          [(2) The schools in which the participants are 
        employed.
          [(3) The grade levels at which the participants 
        teach.
          [(4) The academic subjects taught by the 
        participants.
          [(5) The rates of retention of the participants by 
        the local educational agencies and public charter 
        schools employing the participants.
          [(6) Such other matters as the Secretary or the 
        Comptroller General of the United States, as the case 
        may be, considers to be appropriate.]

              [CHAPTER B--TRANSITION TO TEACHING PROGRAM]

[SEC. 2311. PURPOSES.]

  [The purposes of this chapter are--
          [(1) to establish a program to recruit and retain 
        highly qualified mid-career professionals (including 
        highly qualified paraprofessionals), and recent 
        graduates of an institution of higher education, as 
        teachers in high-need schools, including recruiting 
        teachers through alternative routes to certification; 
        and
          [(2) to encourage the development and expansion of 
        alternative routes to certification under State-
        approved programs that enable individuals to be 
        eligible for teacher certification within a reduced 
        period of time, relying on the experience, expertise, 
        and academic qualifications of an individual, or other 
        factors in lieu of traditional course work in the field 
        of education.]

[SEC. 2312. DEFINITIONS.]

  [In this chapter:
          [(1) Eligible participant.--The term ``eligible 
        participant'' means--
                  [(A) an individual with substantial, 
                demonstrable career experience, including a 
                highly qualified paraprofessional; or
                  [(B) an individual who is a graduate of an 
                institution of higher education who--
                          [(i) has graduated not more than 3 
                        years before applying to an eligible 
                        entity to teach under this chapter; and
                          [(ii) in the case of an individual 
                        wishing to teach in a secondary school, 
                        has completed an academic major (or 
                        courses totaling an equivalent number 
                        of credit hours) in the academic 
                        subject that the individual will teach.
          [(2) High-need local educational agency.--The term 
        ``high-need local educational agency'' has the meaning 
        given the term in section 2102.
          [(3) High-need school.--The term ``high-need school'' 
        means a school that--
                  [(A) is located in an area in which the 
                percentage of students from families with 
                incomes below the poverty line is 30 percent or 
                more; or
                  [(B)(i) is located in an area with a high 
                percentage of out-of-field teachers, as defined 
                in section 2102;
                  [(ii) is within the top quartile of 
                elementary schools and secondary schools 
                statewide, as ranked by the number of unfilled, 
                available teacher positions at the schools;
                  [(iii) is located in an area in which there 
                is a high teacher turnover rate; or
                  [(iv) is located in an area in which there is 
                a high percentage of teachers who are not 
                certified or licensed.]

[SEC. 2313. RANT PROGRAM.]

  [(a) In General.--The Secretary may establish a program to 
make grants on a competitive basis to eligible entities to 
develop State and local teacher corps or other programs to 
establish, expand, or enhance teacher recruitment and retention 
efforts.
  [(b) Eligible Entity.--To be eligible to receive a grant 
under this section, an entity shall be--
          [(1) a State educational agency;
          [(2) a high-need local educational agency;
          [(3) a for-profit or nonprofit organization that has 
        a proven record of effectively recruiting and retaining 
        highly qualified teachers, in a partnership with a 
        high-need local educational agency or with a State 
        educational agency;
          [(4) an institution of higher education, in a 
        partnership with a high-need local educational agency 
        or with a State educational agency;
          [(5) a regional consortium of State educational 
        agencies; or
          [(6) a consortium of high-need local educational 
        agencies.
  [(c) Priority.--In making such a grant, the Secretary shall 
give priority to a partnership or consortium that includes a 
high-need State educational agency or local educational agency.
  [(d) Application.--
          [(1) In general.--To be eligible to receive a grant 
        under this section, an entity described in subsection 
        (b) shall submit an application to the Secretary at 
        such time, in such manner, and containing such 
        information as the Secretary may require.
          [(2) Contents.--The application shall describe--
                  [(A) one or more target recruitment groups on 
                which the applicant will focus its recruitment 
                efforts;
                  [(B) the characteristics of each such target 
                group that--
                          [(i) show the knowledge and 
                        experience of the group's members; and
                          [(ii) demonstrate that the members 
                        are eligible to achieve the objectives 
                        of this section;
                  [(C) describe how the applicant will use 
                funds received under this section to develop a 
                teacher corps or other program to recruit and 
                retain highly qualified midcareer professionals 
                (which may include highly qualified 
                paraprofessionals), recent college graduates, 
                and recent graduate school graduates, as highly 
                qualified teachers in high-need schools 
                operated by high-need local educational 
                agencies;
                  [(D) explain how the program carried out 
                under the grant will meet the relevant State 
                laws (including regulations) related to teacher 
                certification or licensing and facilitate the 
                certification or licensing of such teachers;
                  [(E) describe how the grant will increase the 
                number of highly qualified teachers, in high-
                need schools operated by high-need local 
                educational agencies (in urban or rural school 
                districts), and in high-need academic subjects, 
                in the jurisdiction served by the applicant; 
                and
                  [(F) describe how the applicant will 
                collaborate, as needed, with other 
                institutions, agencies, or organizations to 
                recruit (particularly through activities that 
                have proven effective in retaining highly 
                qualified teachers), train, place, support, and 
                provide teacher induction programs to program 
                participants under this chapter, including 
                providing evidence of the commitment of the 
                institutions, agencies, or organizations to the 
                applicant's programs.
  [(e) Duration of Grants.--The Secretary may make grants under 
this section for periods of 5 years. At the end of the 5-year 
period for such a grant, the grant recipient may apply for an 
additional grant under this section.
  [(f) Equitable Distribution.--To the extent practicable, the 
Secretary shall ensure an equitable geographic distribution of 
grants under this section among the regions of the United 
States.
  [(g) Uses of Funds.--
          [(1) In general.--An entity that receives a grant 
        under this section shall use the funds made available 
        through the grant to develop a teacher corps or other 
        program in order to establish, expand, or enhance a 
        teacher recruitment and retention program for highly 
        qualified mid-career professionals (including highly 
        qualified paraprofessionals), and recent graduates of 
        an institution of higher education, who are eligible 
        participants, including activities that provide 
        alternative routes to teacher certification.
          [(2) Authorized activities.--The entity shall use the 
        funds to carry out a program that includes two or more 
        of the following activities:
                  [(A) Providing scholarships, stipends, 
                bonuses, and other financial incentives, that 
                are linked to participation in activities that 
                have proven effective in retaining teachers in 
                high-need schools operated by high-need local 
                educational agencies, to all eligible 
                participants, in an amount not to exceed $5,000 
                per participant.
                  [(B) Carrying out pre- and post-placement 
                induction or support activities that have 
                proven effective in recruiting and retaining 
                teachers, such as--
                          [(i) teacher mentoring;
                          [(ii) providing internships;
                          [(iii) providing high-quality, 
                        preservice coursework; and
                          [(iv) providing high-quality, 
                        sustained inservice professional 
                        development.
                  [(C) Carrying out placement and ongoing 
                activities to ensure that teachers are placed 
                in fields in which the teachers are highly 
                qualified to teach and are placed in high-need 
                schools.
                  [(D) Making payments to pay for costs 
                associated with accepting teachers recruited 
                under this section from among eligible 
                participants or provide financial incentives to 
                prospective teachers who are eligible 
                participants.
                  [(E) Collaborating with institutions of 
                higher education in developing and implementing 
                programs to facilitate teacher recruitment 
                (including teacher credentialing) and teacher 
                retention programs.
                  [(F) Carrying out other programs, projects, 
                and activities that are designed and have 
                proven to be effective in recruiting and 
                retaining teachers, and that the Secretary 
                determines to be appropriate.
                  [(G) Developing long-term recruitment and 
                retention strategies including developing--
                          [(i) a statewide or regionwide 
                        clearinghouse for the recruitment and 
                        placement of teachers;
                          [(ii) administrative structures to 
                        develop and implement programs to 
                        provide alternative routes to 
                        certification;
                          [(iii) reciprocity agreements between 
                        or among States for the certification 
                        or licensing of teachers; or
                          [(iv) other long-term teacher 
                        recruitment and retention strategies.
          [(3) Effective programs.--The entity shall use the 
        funds only for programs that have proven to be 
        effective in both recruiting and retaining teachers.
  [(h) Requirements.--
          [(1) Targeting.--An entity that receives a grant 
        under this section to carry out a program shall ensure 
        that participants in the program recruited with funds 
        made available under this section are placed in high-
        need schools operated by high-need local educational 
        agencies. In placing the participants in the schools, 
        the entity shall give priority to the schools that are 
        located in areas with the highest percentages of 
        students from families with incomes below the poverty 
        line.
          [(2) Supplement, not supplant.--Funds made available 
        under this section shall be used to supplement, and not 
        supplant, State and local public funds expended for 
        teacher recruitment and retention programs, including 
        programs to recruit the teachers through alternative 
        routes to certification.
          [(3) Partnerships and consortia of local educational 
        agencies.--In the case of a partnership established by 
        a local educational agency to carry out a program under 
        this chapter, or a consortium of such agencies 
        established to carry out a program under this chapter, 
        the local educational agency or consortium shall not be 
        eligible to receive funds through a State program under 
        this chapter.
  [(i) Period of Service.--A program participant in a program 
under this chapter who receives training through the program 
shall serve a high-need school operated by a high-need local 
educational agency for at least 3 years.
  [(j) Repayment.--The Secretary shall establish such 
requirements as the Secretary determines to be appropriate to 
ensure that program participants who receive a stipend or other 
financial incentive under subsection (g)(2)(A), but fail to 
complete their service obligation under subsection (i), repay 
all or a portion of such stipend or other incentive.
  [(k) Administrative Funds.--No entity that receives a grant 
under this section shall use more than 5 percent of the funds 
made available through the grant for the administration of a 
program under this chapter carried out under the grant.]

[SEC. 2314. [20 U.S.C. 6684] EVALUATION AND ACCOUNTABILITY FOR 
                    RECRUITING AND RETAINING TEACHERS.]

  [(a) Evaluation.--Each entity that receives a grant under 
this chapter shall conduct--
          [(1) an interim evaluation of the program funded 
        under the grant at the end of the third year of the 
        grant period; and
          [(2) a final evaluation of the program at the end of 
        the fifth year of the grant period.
  [(b) Contents.--In conducting the evaluation, the entity 
shall describe the extent to which local educational agencies 
that received funds through the grant have met the goals 
relating to teacher recruitment and retention described in the 
application.
  [(c) Reports.--The entity shall prepare and submit to the 
Secretary and to Congress interim and final reports containing 
the results of the interim and final evaluations, respectively.
  [(d) Revocation.--If the Secretary determines that the 
recipient of a grant under this chapter has not made 
substantial progress in meeting such goals and the objectives 
of the grant by the end of the third year of the grant period, 
the Secretary--
          [(1) shall revoke the payment made for the fourth 
        year of the grant period; and
          [(2) shall not make a payment for the fifth year of 
        the grant period.]

                    [CHAPTER C--GENERAL PROVISIONS]

[SEC. 2321. AUTHORIZATION OF APPROPRIATIONS.]

  [(a) In General.--There are authorized to be appropriated to 
carry out this subpart $150,000,000 for fiscal year 2002 and 
such sums as may be necessary for each of the 5 succeeding 
fiscal years.
  [(b) Reservation.--From the funds appropriated to carry out 
this subpart for fiscal year 2002, the Secretary shall reserve 
not more than $30,000,000 to carry out chapter A.]

                 [Subpart 2--National Writing Project]

[SEC. 2331. PURPOSES.]

  [The purposes of this subpart are--
          [(1) to support and promote the expansion of the 
        National Writing Project network of sites so that 
        teachers in every region of the United States will have 
        access to a National Writing Project program;
          [(2) to ensure the consistent high quality of the 
        sites through ongoing review, evaluation, and technical 
        assistance;
          [(3) to support and promote the establishment of 
        programs to disseminate effective practices and 
        research findings about the teaching of writing; and
          [(4) to coordinate activities assisted under this 
        subpart with activities assisted under this Act.]

[SEC. 2332. NATIONAL WRITING PROJECT.]

  [(a) Authorization.--The Secretary is authorized to award a 
grant to the National Writing Project, a nonprofit educational 
organization that has as its primary purpose the improvement of 
the quality of student writing and learning (hereafter in this 
section referred to as the ``grantee'') to improve the teaching 
of writing and the use of writing as a part of the learning 
process in our Nation's classrooms.
  [(b) Requirements of Grant.--The grant shall provide that--
          [(1) the grantee will enter into contracts with 
        institutions of higher education or other nonprofit 
        educational providers (hereafter in this section 
        referred to as ``contractors'') under which the 
        contractors will agree to establish, operate, and 
        provide the non-Federal share of the cost of teacher 
        training programs in effective approaches and processes 
        for the teaching of writing;
          [(2) funds made available by the Secretary to the 
        grantee pursuant to any contract entered into under 
        this section will be used to pay the Federal share of 
        the cost of establishing and operating teacher training 
        programs as provided in paragraph (1); and
          [(3) the grantee will meet such other conditions and 
        standards as the Secretary determines to be necessary 
        to assure compliance with the provisions of this 
        section and will provide such technical assistance as 
        may be necessary to carry out the provisions of this 
        section.
  [(c) Teacher Training Programs.--The teacher training 
programs authorized in subsection (a) shall--
          [(1) be conducted during the school year and during 
        the summer months;
          [(2) train teachers who teach grades kindergarten 
        through college;
          [(3) select teachers to become members of a National 
        Writing Project teacher network whose members will 
        conduct writing workshops for other teachers in the 
        area served by each National Writing Project site; and
          [(4) encourage teachers from all disciplines to 
        participate in such teacher training programs.
  [(d) Federal Share.--
          [(1) In general.--Except as provided in paragraph (2) 
        or (3) and for purposes of subsection (a), the term 
        ``Federal share'' means, with respect to the costs of 
        teacher training programs authorized in subsection (a), 
        50 percent of such costs to the contractor.
          [(2) Waiver.--The Secretary may waive the provisions 
        of paragraph (1) on a case-by-case basis if the 
        National Advisory Board described in subsection (e) 
        determines, on the basis of financial need, that such 
        waiver is necessary.
          [(3) Maximum.--The Federal share of the costs of 
        teacher training programs conducted pursuant to 
        subsection (a) may not exceed $100,000 for any one 
        contractor, or $200,000 for a statewide program 
        administered by any one contractor in at least five 
        sites throughout the State.
  [(e) National Advisory Board.--
          [(1) Establishment.--The National Writing Project 
        shall establish and operate a National Advisory Board.
          [(2) Composition.--The National Advisory Board 
        established pursuant to paragraph (1) shall consist 
        of--
                  [(A) national educational leaders;
                  [(B) leaders in the field of writing; and
                  [(C) such other individuals as the National 
                Writing Project determines necessary.
          [(3) Duties.--The National Advisory Board established 
        pursuant to paragraph (1) shall--
                  [(A) advise the National Writing Project on 
                national issues related to student writing and 
                the teaching of writing;
                  [(B) review the activities and programs of 
                the National Writing Project; and
                  [(C) support the continued development of the 
                National Writing Project.
  [(f) Evaluation.--
          [(1) In general.--The Secretary shall conduct an 
        independent evaluation by grant or contract of the 
        teacher training programs administered pursuant to this 
        subpart. Such evaluation shall specify the amount of 
        funds expended by the National Writing Project and each 
        contractor receiving assistance under this section for 
        administrative costs. The results of such evaluation 
        shall be made available to the appropriate committees 
        of Congress.
          [(2) Funding limitation.--The Secretary shall reserve 
        not more than $150,000 from the total amount 
        appropriated pursuant to the authority of subsection 
        (h) for fiscal year 2002 and each of the 5 succeeding 
        fiscal years to conduct the evaluation described in 
        paragraph (1).
  [(g) Application Review.--
          [(1) Review board.--The National Writing Project 
        shall establish and operate a National Review Board 
        that shall consist of--
                  [(A) leaders in the field of research in 
                writing; and
                  [(B) such other individuals as the National 
                Writing Project deems necessary.
          [(2) Duties.--The National Review Board shall--
                  [(A) review all applications for assistance 
                under this subsection; and
                  [(B) recommend applications for assistance 
                under this subsection for funding by the 
                National Writing Project.
  [(h) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this subpart $15,000,000 as may 
be necessary for fiscal year 2002 and each of the 5 succeeding 
fiscal years.]

                     [Subpart 3--Civic Education ]

[SEC. 2341. SHORT TITLE.]

  [This subpart may be cited as the ``Education for Democracy 
Act''.]

[SEC. 2342. PURPOSE.]

  [It is the purpose of this subpart--
          [(1) to improve the quality of civics and government 
        education by educating students about the history and 
        principles of the Constitution of the United States, 
        including the Bill of Rights;
          [(2) to foster civic competence and responsibility; 
        and
          [(3) to improve the quality of civic education and 
        economic education through cooperative civic education 
        and economic education exchange programs with emerging 
        democracies.]

[SEC. 2343. GENERAL AUTHORITY.]

  [(a) Authority.--The Secretary is authorized to award grants 
to, or enter into contracts with--
          [(1) the Center for Civic Education, to carry out 
        civic education activities under sections 2344 and 
        2345;
          [(2) the National Council on Economic Education, to 
        carry out economic education activities under section 
        2345; and
          [(3) organizations experienced in the development of 
        curricula and programs in civics and government 
        education and economic education for students in 
        elementary schools and secondary schools in countries 
        other than the United States, to carry out civic 
        education activities under section 2345.
  [(b) Distribution for Cooperative Civic Education and 
Economic Education Exchange Programs.--
          [(1) Limitation.--Not more than 40 percent of the 
        amount appropriated under section 2346 for a fiscal 
        year shall be used to carry out section 2345.
          [(2) Distribution.--Of the amount used to carry out 
        section 2345 for a fiscal year (consistent with 
        paragraph (1)), the Secretary shall use--
                  [(A) 37.5 percent for a grant or contract for 
                the Center for Civic Education;
                  [(B) 37.5 percent for a grant or contract for 
                the National Council on Economic Education; and
                  [(C) 25 percent for not less than 1, but not 
                more than 3, grants or contracts for 
                organizations described in subsection (a)(3).]

[SEC. 2344. WE THE PEOPLE PROGRAM.]

  [(a) The Citizen and the Constitution.--
          [(1) Educational activities.--The Center for Civic 
        Education--
                  [(A) shall use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to continue and expand the 
                        educational activities of the program 
                        entitled the ``We the People... The 
                        Citizen and the Constitution'' program 
                        administered by such center;
                          [(ii) to carry out activities to 
                        enhance student attainment of 
                        challenging academic content standards 
                        in civics and government;
                          [(iii) to provide a course of 
                        instruction on the basic principles of 
                        the Nation's constitutional democracy 
                        and the history of the Constitution of 
                        the United States, including the Bill 
                        of Rights;
                          [(iv) to provide, at the request of a 
                        participating school, school and 
                        community simulated congressional 
                        hearings following the course of 
                        instruction described in clause (iii); 
                        and
                          [(v) to provide an annual national 
                        competition of simulated congressional 
                        hearings for secondary school students 
                        who wish to participate in such a 
                        program; and
                  [(B) may use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to provide advanced, sustained, 
                        and ongoing training of teachers about 
                        the Constitution of the United States 
                        and the political system of the United 
                        States;
                          [(ii) to provide materials and 
                        methods of instruction, including 
                        teacher training, that utilize the 
                        latest advancements in educational 
                        technology; and
                          [(iii) to provide civic education 
                        materials and services to address 
                        specific problems such as the 
                        prevention of school violence and the 
                        abuse of drugs and alcohol.
          [(2) Availability of program.--The education program 
        authorized under this subsection shall be made 
        available to public and private elementary schools and 
        secondary schools, including Bureau funded schools, in 
        the 435 congressional districts, and in the District of 
        Columbia, the Commonwealth of Puerto Rico, the United 
        States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
  [(b) Project Citizen.--
          [(1) Educational activities.--The Center for Civic 
        Education--
                  [(A) shall use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to continue and expand the 
                        educational activities of the program 
                        entitled the ``We the People... Project 
                        Citizen'' program administered by the 
                        Center;
                          [(ii) to carry out activities to 
                        enhance student attainment of 
                        challenging academic content standards 
                        in civics and government;
                          [(iii) to provide a course of 
                        instruction at the middle school level 
                        on the roles of State and local 
                        governments in the Federal system 
                        established by the Constitution of the 
                        United States; and
                          [(iv) to provide an annual national 
                        showcase or competition; and
                  [(B) may use funds made available under 
                grants or contracts under section 2343(a)(1)--
                          [(i) to provide optional school and 
                        community simulated State legislative 
                        hearings;
                          [(ii) to provide advanced, sustained, 
                        and ongoing training of teachers on the 
                        roles of State and local governments in 
                        the Federal system established by the 
                        Constitution of the United States;
                          [(iii) to provide materials and 
                        methods of instruction, including 
                        teacher training, that utilize the 
                        latest advancements in educational 
                        technology; and
                          [(iv) to provide civic education 
                        materials and services to address 
                        specific problems such as the 
                        prevention of school violence and the 
                        abuse of drugs and alcohol.
          [(2) Availability of program.--The education program 
        authorized under this subsection shall be made 
        available to public and private middle schools, 
        including Bureau funded schools, in the 50 States of 
        the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands.
  [(c) Bureau-Funded School Defined.--In this section, the term 
``Bureau-funded school'' has the meaning given such term in 
section 1146 of the Education Amendments of 1978 (25 U.S.C. 
2026).]

[SEC. 2345. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE 
                    PROGRAMS.]

  [(a) Cooperative Education Exchange Programs.--The Center for 
Civic Education, the National Council on Economic Education, 
and organizations described in section 2343(a)(3) shall use 
funds made available under grants or contracts under section 
2343 to carry out cooperative education exchange programs in 
accordance with this section.
  [(b) Purpose.--The purpose of the cooperative education 
exchange programs carried out under this section shall be--
          [(1) to make available to educators from eligible 
        countries exemplary curriculum and teacher training 
        programs in civics and government education, and 
        economics education, developed in the United States;
          [(2) to assist eligible countries in the adaptation, 
        implementation, and institutionalization of such 
        programs;
          [(3) to create and implement civics and government 
        education, and economic education, programs for 
        students that draw upon the experiences of the 
        participating eligible countries;
          [(4) to provide a means for the exchange of ideas and 
        experiences in civics and government education, and 
        economic education, among political, educational, 
        governmental, and private sector leaders of 
        participating eligible countries; and
          [(5) to provide support for--
                  [(A) independent research and evaluation to 
                determine the effects of educational programs 
                on students' development of the knowledge, 
                skills, and traits of character essential for 
                the preservation and improvement of 
                constitutional democracy; and
                  [(B) effective participation in, and the 
                preservation and improvement of, an efficient 
                market economy.
  [(c) Activities.--In carrying out the cooperative education 
exchange programs assisted under this section, the Center for 
Civic Education, the National Council on Economic Education, 
and organizations described in section 2343(a)(3) shall--
          [(1) provide to the participants from eligible 
        countries--
                  [(A) seminars on the basic principles of 
                United States constitutional democracy and 
                economic system, including seminars on the 
                major governmental and economic institutions 
                and systems in the United States, and visits to 
                such institutions;
                  [(B) visits to school systems, institutions 
                of higher education, and nonprofit 
                organizations conducting exemplary programs in 
                civics and government education, and economic 
                education, in the United States;
                  [(C) translations and adaptations with 
                respect to United States civics and government 
                education, and economic education, curricular 
                programs for students and teachers, and in the 
                case of training programs for teachers, 
                translations and adaptations into forms useful 
                in schools in eligible countries, and joint 
                research projects in such areas; and
                  [(D) independent research and evaluation 
                assistance--
                          [(i) to determine the effects of the 
                        cooperative education exchange programs 
                        on students' development of the 
                        knowledge, skills, and traits of 
                        character essential for the 
                        preservation and improvement of 
                        constitutional democracy; and
                          [(ii) to identify effective 
                        participation in, and the preservation 
                        and improvement of, an efficient market 
                        economy;
          [(2) provide to the participants from the United 
        States--
                  [(A) seminars on the histories, economies, 
                and systems of government of eligible 
                countries;
                  [(B) visits to school systems, institutions 
                of higher education, and organizations 
                conducting exemplary programs in civics and 
                government education, and economic education, 
                located in eligible countries;
                  [(C) assistance from educators and scholars 
                in eligible countries in the development of 
                curricular materials on the history, 
                government, and economy of such countries that 
                are useful in United States classrooms;
                  [(D) opportunities to provide onsite 
                demonstrations of United States curricula and 
                pedagogy for educational leaders in eligible 
                countries; and
                  [(E) independent research and evaluation 
                assistance to determine--
                          [(i) the effects of the cooperative 
                        education exchange programs assisted 
                        under this section on students' 
                        development of the knowledge, skills, 
                        and traits of character essential for 
                        the preservation and improvement of 
                        constitutional democracy; and
                          [(ii) effective participation in, and 
                        improvement of, an efficient market 
                        economy; and
          [(3) assist participants from eligible countries and 
        the United States to participate in international 
        conferences on civics and government education, and 
        economic education, for educational leaders, teacher 
        trainers, scholars in related disciplines, and 
        educational policymakers.
  [(d) Participants.--The primary participants in the 
cooperative education exchange programs assisted under this 
section shall be educational leaders in the areas of civics and 
government education, and economic education, including 
teachers, curriculum and teacher training specialists, scholars 
in relevant disciplines, and educational policymakers, and 
government and private sector leaders from the United States 
and eligible countries.
  [(e) Consultation.--The Secretary may award a grant to, or 
enter into a contract with, the entities described in section 
2343 to carry out programs assisted under this section only if 
the Secretary of State concurs with the Secretary that such 
grant, or contract, respectively, is consistent with the 
foreign policy of the United States.
  [(f) Avoidance of Duplication.--With the concurrence of the 
Secretary of State, the Secretary shall ensure that--
          [(1) the activities carried out under the programs 
        assisted under this section are not duplicative of 
        other activities conducted in eligible countries; and
          [(2) any institutions in eligible countries, with 
        which the Center for Civic Education, the National 
        Council on Economic Education, or organizations 
        described in section 2343(a)(3) may work in conducting 
        such activities, are creditable.
  [(g) Eligible Country Defined.--In this section, the term 
``eligible country'' means a Central European country, an 
Eastern European country, Lithuania, Latvia, Estonia, the 
independent states of the former Soviet Union as defined in 
section 3 of the FREEDOM Support Act (22 U.S.C. 5801), the 
Republic of Ireland, the province of Northern Ireland in the 
United Kingdom, and any developing country (as such term is 
defined in section 209(d) of the Education for the Deaf Act) if 
the Secretary, with the concurrence of the Secretary of State, 
determines that such developing country has a democratic form 
of government.]

[SEC. 2346. AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated to carry out this 
subpart $30,000,000 for fiscal year 2002 and such sums as may 
be necessary for each of the 5 succeeding fiscal years.]

         [Subpart 4--Teaching of Traditional American History]

[SEC. 2351. ESTABLISHMENT OF PROGRAM.]

  [(a) In General.--The Secretary may establish and implement a 
program to be known as the ``Teaching American History Grant 
Program'', under which the Secretary shall award grants on a 
competitive basis to local educational agencies--
          [(1) to carry out activities to promote the teaching 
        of traditional American history in elementary schools 
        and secondary schools as a separate academic subject 
        (not as a component of social studies); and
          [(2) for the development, implementation, and 
        strengthening of programs to teach traditional American 
        history as a separate academic subject (not as a 
        component of social studies) within elementary school 
        and secondary school curricula, including the 
        implementation of activities--
                  [(A) to improve the quality of instruction; 
                and
                  [(B) to provide professional development and 
                teacher education activities with respect to 
                American history.
  [(b) Required Partnership.--A local educational agency that 
receives a grant under subsection (a) shall carry out 
activities under the grant in partnership with one or more of 
the following:
          [(1) An institution of higher education.
          [(2) A nonprofit history or humanities organization.
          [(3) A library or museum.
  [(c) Application.--To be eligible to receive an grant under 
this section, a local educational agency shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may require.]

[SEC. 2352. AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated to carry out this 
subpart such sums as may be necessary for fiscal year 2002 and 
each of the 5 succeeding fiscal years.]

               [Subpart 5--Teacher Liability Protection]

[SEC. 2361. SHORT TITLE.]

  [This subpart may be cited as the ``Paul D. Coverdell Teacher 
Protection Act of 2001''.]

[SEC. 2362. PURPOSE.]

  [The purpose of this subpart is to provide teachers, 
principals, and other school professionals the tools they need 
to undertake reasonable actions to maintain order, discipline, 
and an appropriate educational environment.]

[SEC. 2363. DEFINITIONS.]

  [For purposes of this subpart:
          [(1) Economic loss.--The term ``economic loss'' means 
        any pecuniary loss resulting from harm (including the 
        loss of earnings or other benefits related to 
        employment, medical expense loss, replacement services 
        loss, loss due to death, burial costs, and loss of 
        business or employment opportunities) to the extent 
        recovery for such loss is allowed under applicable 
        State law.
          [(2) Harm.--The term ``harm'' includes physical, 
        nonphysical, economic, and noneconomic losses.
          [(3) Noneconomic loss.--The term ``noneconomic loss'' 
        means loss for physical or emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of 
        society or companionship, loss of consortium (other 
        than loss of domestic service), hedonic damages, injury 
        to reputation, or any other nonpecuniary loss of any 
        kind or nature.
          [(4) School.--The term ``school'' means a public or 
        private kindergarten, a public or private elementary 
        school or secondary school, or a home school.
          [(5) 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, any other 
        territory or possession of the United States, or any 
        political subdivision of any such State, territory, or 
        possession.
          [(6) Teacher.--The term ``teacher'' means--
                  [(A) a teacher, instructor, principal, or 
                administrator;
                  [(B) another educational professional who 
                works in a school;
                  [(C) a professional or nonprofessional 
                employee who--
                          [(i) works in a school; and
                          [(ii)(I) in the employee's job, 
                        maintains discipline or ensures safety; 
                        or
                          [(II) in an emergency, is called on 
                        to maintain discipline or ensure 
                        safety; or
                  [(D) an individual member of a school board 
                (as distinct from the board).]

[SEC. 2364. APPLICABILITY.]

  [This subpart shall only apply to States that receive funds 
under this Act, and shall apply to such a State as a condition 
of receiving such funds.]

[SEC. 2365. [20 U.S.C. 6735] PREEMPTION AND ELECTION OF STATE 
                    NONAPPLICABILITY.]

  [(a) Preemption.--This subpart preempts the laws of any State 
to the extent that such laws are inconsistent with this 
subpart, except that this subpart shall not preempt any State 
law that provides additional protection from liability relating 
to teachers.
  [(b) Election of State Regarding Nonapplicability.--This 
subpart shall not apply to any civil action in a State court 
against a teacher with respect to claims arising within that 
State if such State enacts a statute in accordance with State 
requirements for enacting legislation--
          [(1) citing the authority of this subsection;
          [(2) declaring the election of such State that this 
        subpart shall not apply, as of a date certain, to such 
        civil action in the State; and
          [(3) containing no other provisions.]

[SEC. 2366. [20 U.S.C. 6736] LIMITATION ON LIABILITY FOR TEACHERS.]

  [(a) Liability Protection for Teachers.--Except as provided 
in subsection (b), no teacher in a school shall be liable for 
harm caused by an act or omission of the teacher on behalf of 
the school if--
          [(1) the teacher was acting within the scope of the 
        teacher's employment or responsibilities to a school or 
        governmental entity;
          [(2) the actions of the teacher were carried out in 
        conformity with Federal, State, and local laws 
        (including rules and regulations) in furtherance of 
        efforts to control, discipline, expel, or suspend a 
        student or maintain order or control in the classroom 
        or school;
          [(3) if appropriate or required, the teacher was 
        properly licensed, certified, or authorized by the 
        appropriate authorities for the activities or practice 
        involved in the State in which the harm occurred, where 
        the activities were or practice was undertaken within 
        the scope of the teacher's responsibilities;
          [(4) the harm was not caused by willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or 
        safety of the individual harmed by the teacher; and
          [(5) the harm was not caused by the teacher operating 
        a motor vehicle, vessel, aircraft, or other vehicle for 
        which the State requires the operator or the owner of 
        the vehicle, craft, or vessel to--
                  [(A) possess an operator's license; or
                  [(B) maintain insurance.
  [(b) Exceptions to Teacher Liability Protection.--If the laws 
of a State limit teacher liability subject to one or more of 
the following conditions, such conditions shall not be 
construed as inconsistent with this section:
          [(1) A State law that requires a school or 
        governmental entity to adhere to risk management 
        procedures, including mandatory training of teachers.
          [(2) A State law that makes the school or 
        governmental entity liable for the acts or omissions of 
        its teachers to the same extent as an employer is 
        liable for the acts or omissions of its employees.
          [(3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an 
        officer of a State or local government pursuant to 
        State or local law.
  [(c) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
          [(1) General rule.--Punitive damages may not be 
        awarded against a teacher in an action brought for harm 
        based on the act or omission of a teacher acting within 
        the scope of the teacher's employment or 
        responsibilities to a school or governmental entity 
        unless the claimant establishes by clear and convincing 
        evidence that the harm was proximately caused by an act 
        or omission of such teacher that constitutes willful or 
        criminal misconduct, or a conscious, flagrant 
        indifference to the rights or safety of the individual 
        harmed.
          [(2) Construction.--Paragraph (1) does not create a 
        cause of action for punitive damages and does not 
        preempt or supersede any Federal or State law to the 
        extent that such law would further limit the award of 
        punitive damages.
  [(d) Exceptions to Limitations on Liability.--
          [(1) In general.--The limitations on the liability of 
        a teacher under this subpart shall not apply to any 
        misconduct that--
                  [(A) constitutes a crime of violence (as that 
                term is defined in section 16 of title 18, 
                United States Code) or act of international 
                terrorism (as that term is defined in section 
                2331 of title 18, United States Code) for which 
                the defendant has been convicted in any court;
                  [(B) involves a sexual offense, as defined by 
                applicable State law, for which the defendant 
                has been convicted in any court;
                  [(C) involves misconduct for which the 
                defendant has been found to have violated a 
                Federal or State civil rights law; or
                  [(D) where the defendant was under the 
                influence (as determined pursuant to applicable 
                State law) of intoxicating alcohol or any drug 
                at the time of the misconduct.
          [(2) Hiring.--The limitations on the liability of a 
        teacher under this subpart shall not apply to 
        misconduct during background investigations, or during 
        other actions, involved in the hiring of a teacher.
  [(e) Rules of Construction.--
          [(1) Concerning responsibility of teachers to schools 
        and governmental entities.--Nothing in this section 
        shall be construed to affect any civil action brought 
        by any school or any governmental entity against any 
        teacher of such school.
          [(2) Concerning corporal punishment.--Nothing in this 
        subpart shall be construed to affect any State or local 
        law (including a rule or regulation) or policy 
        pertaining to the use of corporal punishment.]

[SEC. 2367. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.]

  [(a) General Rule.--In any civil action against a teacher, 
based on an act or omission of a teacher acting within the 
scope of the teacher's employment or responsibilities to a 
school or governmental entity, the liability of the teacher for 
noneconomic loss shall be determined in accordance with 
subsection (b).
  [(b) Amount of Liability.--
          [(1) In general.--
                  [(A) Liability.--Each defendant who is a 
                teacher shall be liable only for the amount of 
                noneconomic loss allocated to that defendant in 
                direct proportion to the percentage of 
                responsibility of that defendant (determined in 
                accordance with paragraph (2)) for the harm to 
                the claimant with respect to which that 
                defendant is liable.
                  [(B) Separate judgment.--The court shall 
                render a separate judgment against each 
                defendant in an amount determined pursuant to 
                subparagraph (A).
          [(2) Percentage of responsibility.--For purposes of 
        determining the amount of noneconomic loss allocated to 
        a defendant who is a teacher under this section, the 
        trier of fact shall determine the percentage of 
        responsibility of each person responsible for the 
        claimant's harm, whether or not such person is a party 
        to the action.
  [(c) Rule of Construction.--Nothing in this section shall be 
construed to preempt or supersede any Federal or State law that 
further limits the application of joint liability in a civil 
action described in subsection (a), beyond the limitations 
established in this section.]

[SEC. 2368. EFFECTIVE DATE.]

  [(a) In General.--This subpart shall take effect 90 days 
after the date of enactment of the No Child Left Behind Act of 
2001.
  [(b) Application.--This subpart applies to any claim for harm 
caused by an act or omission of a teacher if that claim is 
filed on or after the effective date of the No Child Left 
Behind Act of 2001 without regard to whether the harm that is 
the subject of the claim or the conduct that caused the harm 
occurred before such effective date.]

            [PART D--ENHANCING EDUCATION THROUGH TECHNOLOGY]

[SEC. 2401. SHORT TITLE.]

  [This part may be cited as the ``Enhancing Education Through 
Technology Act of 2001''.]

[SEC. 2402. PURPOSES AND GOALS.]

  [(a) Purposes.--The purposes of this part are the following:
          [(1) To provide assistance to States and localities 
        for the implementation and support of a comprehensive 
        system that effectively uses technology in elementary 
        schools and secondary schools to improve student 
        academic achievement.
          [(2) To encourage the establishment or expansion of 
        initiatives, including initiatives involving public-
        private partnerships, designed to increase access to 
        technology, particularly in schools served by high-need 
        local educational agencies.
          [(3) To assist States and localities in the 
        acquisition, development, interconnection, 
        implementation, improvement, and maintenance of an 
        effective educational technology infrastructure in a 
        manner that expands access to technology for students 
        (particularly for disadvantaged students) and teachers.
          [(4) To promote initiatives that provide school 
        teachers, principals, and administrators with the 
        capacity to integrate technology effectively into 
        curricula and instruction that are aligned with 
        challenging State academic content and student academic 
        achievement standards, through such means as high-
        quality professional development programs.
          [(5) To enhance the ongoing professional development 
        of teachers, principals, and administrators by 
        providing constant access to training and updated 
        research in teaching and learning through electronic 
        means.
          [(6) To support the development and utilization of 
        electronic networks and other innovative methods, such 
        as distance learning, of delivering specialized or 
        rigorous academic courses and curricula for students in 
        areas that would not otherwise have access to such 
        courses and curricula, particularly in geographically 
        isolated regions.
          [(7) To support the rigorous evaluation of programs 
        funded under this part, particularly regarding the 
        impact of such programs on student academic 
        achievement, and ensure that timely information on the 
        results of such evaluations is widely accessible 
        through electronic means.
          [(8) To support local efforts using technology to 
        promote parent and family involvement in education and 
        communication among students, parents, teachers, 
        principals, and administrators.
  [(b) Goals.--
          [(1) Primary goal.--The primary goal of this part is 
        to improve student academic achievement through the use 
        of technology in elementary schools and secondary 
        schools.
          [(2) Additional goals.--The additional goals of this 
        part are the following:
                  [(A) To assist every student in crossing the 
                digital divide by ensuring that every student 
                is technologically literate by the time the 
                student finishes the eighth grade, regardless 
                of the student's race, ethnicity, gender, 
                family income, geographic location, or 
                disability.
                  [(B) To encourage the effective integration 
                of technology resources and systems with 
                teacher training and curriculum development to 
                establish research-based instructional methods 
                that can be widely implemented as best 
                practices by State educational agencies and 
                local educational agencies.]

[SEC. 2403. DEFINITIONS.]

  [In this part:
          [(1) Eligible local entity.--The term ``eligible 
        local entity'' means--
                  [(A) a high-need local educational agency; or
                  [(B) an eligible local partnership.
          [(2) Eligible local partnership.--The term ``eligible 
        local partnership'' means a partnership that--
                  [(A) shall include at least one high-need 
                local educational agency and at least one--
                          [(i) local educational agency that 
                        can demonstrate that teachers in 
                        schools served by the agency are 
                        effectively integrating technology and 
                        proven teaching practices into 
                        instruction, based on a review of 
                        relevant research, and that the 
                        integration results in improvement in--
                                  [(I) classroom instruction in 
                                the core academic subjects; and
                                  [(II) the preparation of 
                                students to meet challenging 
                                State academic content and 
                                student academic achievement 
                                standards;
                          [(ii) institution of higher education 
                        that is in full compliance with the 
                        reporting requirements of section 
                        207(f) of the Higher Education Act of 
                        1965 and that has not been identified 
                        by its State as low-performing under 
                        section 208 of such Act;
                          [(iii) for-profit business or 
                        organization that develops, designs, 
                        manufactures, or produces technology 
                        products or services, or has 
                        substantial expertise in the 
                        application of technology in 
                        instruction; or
                          [(iv) public or private nonprofit 
                        organization with demonstrated 
                        experience in the application of 
                        educational technology to instruction; 
                        and
                  [(B) may include other local educational 
                agencies, educational service agencies, 
                libraries, or other educational entities 
                appropriate to provide local programs.
          [(3) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency that--
                  [(A) is among the local educational agencies 
                in a State with the highest numbers or 
                percentages of children from families with 
                incomes below the poverty line; and
                  [(B)(i) operates one or more schools 
                identified under section 1116; or
                  [(ii) has a substantial need for assistance 
                in acquiring and using technology.]

[SEC. 2404. AUTHORIZATION OF APPROPRIATIONS.]

  [(a) In General.--There are authorized to be appropriated to 
carry out subparts 1 and 2, $1,000,000,000 for fiscal year 
2002, and such sums as may be necessary for each of the 5 
succeeding fiscal years.
  [(b) Allocation of Funds Between State and Local and National 
Initiatives.--The amount of funds made available under 
subsection (a) for a fiscal year shall be allocated so that--
          [(1) not less than 98 percent is made available to 
        carry out subpart 1; and
          [(2) not more than 2 percent is made available to 
        carry out subpart 2.
  [(c) Allocation of Funds for Study.--Of the total amount of 
funds allocated under subsection (b)(2) for fiscal years 2002 
through 2007, not more than $15,000,000 may be used to carry 
out section 2421(a).
  [(d) Limitation.--Of the amount of funds made available to a 
recipient of funds under this part for a fiscal year, not more 
than 5 percent may be used by the recipient for administrative 
costs or technical assistance, of which not more than 60 
percent may be used by the recipient for administrative costs.]

             [Subpart 1--State and Local Technology Grants]

[SEC. 2411. ALLOTMENT AND REALLOTMENT.]

  [(a) Reservations and Allotment.--From the amount made 
available to carry out this subpart under section 2404(b)(1) 
for a fiscal year--
          [(1) the Secretary shall reserve--
                  [(A) three-fourths of 1 percent for the 
                Secretary of the Interior for programs under 
                this subpart for schools operated or funded by 
                the Bureau of Indian Affairs;
                  [(B) one-half of 1 percent to provide 
                assistance under this subpart to the outlying 
                areas; and
                  [(C) such sums as may be necessary for 
                continuation awards on grants awarded under 
                section 3136 prior to the date of enactment of 
                the No Child Left Behind Act of 2001; and
          [(2) from the remainder of such amount and subject to 
        subsection (b), the Secretary shall make grants by 
        allotting to each eligible State educational agency 
        under this subpart an amount that bears the same 
        relationship to such remainder for such year as the 
        amount received under part A of title I for such year 
        by such State educational agency bears to the amount 
        received under such part for such year by all State 
        educational agencies.
  [(b) Minimum Allotment.--The amount of any State educational 
agency's allotment under subsection (a)(2) for any fiscal year 
may not be less than one-half of 1 percent of the amount made 
available for allotments to States under this part for such 
year.
  [(c) Reallotment of Unused Funds.--If any State educational 
agency does not apply for an allotment under this subpart for a 
fiscal year, or does not use its entire allotment under this 
subpart for that fiscal year, the Secretary shall reallot the 
amount of the State educational agency's allotment, or the 
unused portion of the allotment, to the remaining State 
educational agencies that use their entire allotments under 
this subpart in accordance with this section.
  [(d) State Educational Agency Defined.--In this section, the 
term ``State educational agency'' does not include an agency of 
an outlying area or the Bureau of Indian Affairs.]

[SEC. 2412. USE OF ALLOTMENT BY STATE.]

  [(a) In General.--Of the amount provided to a State 
educational agency (from the agency's allotment under section 
2411(a)(2)) for a fiscal year--
          [(1) the State educational agency may use not more 
        than 5 percent to carry out activities under section 
        2415; and
          [(2) the State educational agency shall distribute 
        the remainder as follows:
                  [(A) From 50 percent of the remainder, the 
                State educational agency shall award subgrants 
                by allocating to each eligible local 
                educational agency that has submitted an 
                application to the State educational agency 
                under section 2414, for the activities 
                described in section 2416, an amount that bears 
                the same relationship to 50 percent of the 
                remainder for such year as the amount received 
                under part A of title I for such year by such 
                local educational agency bears to the amount 
                received under such part for such year by all 
                local educational agencies within the State.
                  [(B) From 50 percent of the remainder and 
                subject to subsection (b), the State 
                educational agency shall award subgrants, 
                through a State-determined competitive process, 
                to eligible local entities that have submitted 
                applications to the State educational agency 
                under section 2414, for the activities 
                described in section 2416.
  [(b) Sufficient Amounts.--
          [(1) Special rule.--In awarding a subgrant under 
        subsection (a)(2)(B), the State educational agency 
        shall--
                  [(A) determine the local educational agencies 
                that--
                          [(i) received allocations under 
                        subsection (a)(2)(A) that are not of 
                        sufficient size to be effective, 
                        consistent with the purposes of this 
                        part; and
                          [(ii) are eligible local entities;
                  [(B) give priority to applications submitted 
                by eligible local educational agencies 
                described in subparagraph (A); and
                  [(C) determine the minimum amount for awards 
                under subsection (a)(2)(B) to ensure that 
                subgrants awarded under that subsection are of 
                sufficient size to be effective.
          [(2) Sufficiency.--In awarding subgrants under 
        subsection (a)(2)(B), each State educational agency 
        shall ensure that each subgrant is of sufficient size 
        and duration, and that the program funded by the 
        subgrant is of sufficient scope and quality, to carry 
        out the purposes of this part effectively.
          [(3) Distribution.--In awarding subgrants under 
        subsection (a)(2)(B), each State educational agency 
        shall ensure an equitable distribution of assistance 
        under this subpart among urban and rural areas of the 
        State, according to the demonstrated need of those 
        local educational agencies serving the areas.
  [(c) Fiscal Agent.--If an eligible local partnership receives 
a subgrant under subsection (a)(2)(B), a local educational 
agency in the partnership shall serve as the fiscal agent for 
the partnership.
  [(d) Technical Assistance.--Each State educational agency 
receiving a grant under section 2411(a) shall--
          [(1) identify the local educational agencies served 
        by the State educational agency that--
                  [(A) have the highest numbers or percentages 
                of children from families with incomes below 
                the poverty line; and
                  [(B) demonstrate to such State educational 
                agency the greatest need for technical 
                assistance in developing an application under 
                section 2414; and
          [(2) offer the technical assistance described in 
        paragraph (1)(B) to those local educational agencies.]

[SEC. 2413. STATE APPLICATIONS.]

  [(a) In General.--To be eligible to receive a grant under 
this subpart, a State educational agency shall submit to the 
Secretary, at such time and in such manner as the Secretary may 
specify, an application containing a new or updated statewide 
long-range strategic educational technology plan (which shall 
address the educational technology needs of local educational 
agencies) and such other information as the Secretary may 
reasonably require.
  [(b) Contents.--Each State application submitted under 
subsection (a) shall include each of the following:
          [(1) An outline of the State educational agency's 
        long-term strategies for improving student academic 
        achievement, including technology literacy, through the 
        effective use of technology in classrooms throughout 
        the State, including through improving the capacity of 
        teachers to integrate technology effectively into 
        curricula and instruction.
          [(2) A description of the State educational agency's 
        goals for using advanced technology to improve student 
        academic achievement, and how those goals are aligned 
        with challenging State academic content and student 
        academic achievement standards.
          [(3) A description of how the State educational 
        agency will take steps to ensure that all students and 
        teachers in the State, particularly students and 
        teachers in districts served by high-need local 
        educational agencies, have increased access to 
        technology.
          [(4) A description of the process and accountability 
        measures that the State educational agency will use to 
        evaluate the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction.
          [(5) A description of how the State educational 
        agency will encourage the development and utilization 
        of innovative strategies for the delivery of 
        specialized or rigorous academic courses and curricula 
        through the use of technology, including distance 
        learning technologies, particularly for those areas of 
        the State that would not otherwise have access to such 
        courses and curricula due to geographical isolation or 
        insufficient resources.
          [(6) An assurance that financial assistance provided 
        under this subpart will supplement, and not supplant, 
        State and local funds.
          [(7) A description of how the plan incorporates 
        teacher education, professional development, and 
        curriculum development, and how the State educational 
        agency will work to ensure that teachers and principals 
        in a State receiving funds under this part are 
        technologically literate.
          [(8) A description of--
                  [(A) how the State educational agency will 
                provide technical assistance to applicants 
                under section 2414, especially to those 
                applicants serving the highest numbers or 
                percentages of children in poverty or with the 
                greatest need for technical assistance; and
                  [(B) the capacity of the State educational 
                agency to provide such assistance.
          [(9) A description of technology resources and 
        systems that the State will provide for the purpose of 
        establishing best practices that can be widely 
        replicated by State educational agencies and local 
        educational agencies in the State and in other States.
          [(10) A description of the State's long-term 
        strategies for financing technology to ensure that all 
        students, teachers, and classrooms have access to 
        technology.
          [(11) A description of the State's strategies for 
        using technology to increase parental involvement.
          [(12) A description of how the State educational 
        agency will ensure that each subgrant awarded under 
        section 2412(a)(2)(B) is of sufficient size and 
        duration, and that the program funded by the subgrant 
        is of sufficient scope and quality, to carry out the 
        purposes of this part effectively.
          [(13) A description of how the State educational 
        agency will ensure ongoing integration of technology 
        into school curricula and instructional strategies in 
        all schools in the State, so that technology will be 
        fully integrated into the curricula and instruction of 
        the schools by December 31, 2006.
          [(14) A description of how the local educational 
        agencies in the State will provide incentives to 
        teachers who are technologically literate and teaching 
        in rural or urban areas, to encourage such teachers to 
        remain in those areas.
          [(15) A description of how public and private 
        entities will participate in the implementation and 
        support of the plan.
  [(c) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) shall be deemed 
to be approved by the Secretary unless the Secretary makes a 
written determination, prior to the expiration of the 120-day 
period beginning on the date on which the Secretary received 
the application, that the application is not in compliance with 
this part.
  [(d) Disapproval.--The Secretary shall not finally disapprove 
the application, except after giving the State educational 
agency notice and an opportunity for a hearing.
  [(e) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this part, the Secretary shall--
          [(1) give the State educational agency notice and an 
        opportunity for a hearing; and
          [(2) notify the State educational agency of the 
        finding of noncompliance and, in such notification, 
        shall--
                  [(A) cite the specific provisions in the 
                application that are not in compliance; and
                  [(B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  [(f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(e)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
          [(1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          [(2) the expiration of the 120-day period described 
        in subsection (c).
  [(g) Failure to Respond.--If the State educational agency 
does not respond to the Secretary's notification described in 
subsection (e)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.]

[SEC. 2414. LOCAL APPLICATIONS.]

  [(a) In General.--To be eligible to receive a subgrant from a 
State educational agency under this subpart, a local 
educational agency or eligible local entity shall submit to the 
State educational agency an application containing a new or 
updated local long-range strategic educational technology plan 
that is consistent with the objectives of the statewide 
educational technology plan described in section 2413(a), and 
such other information as the State educational agency may 
reasonably require, at such time and in such manner as the 
State educational agency may require.
  [(b) Contents.--The application shall include each of the 
following:
          [(1) A description of how the applicant will use 
        Federal funds under this subpart to improve the student 
        academic achievement, including technology literacy, of 
        all students attending schools served by the local 
        educational agency and to improve the capacity of all 
        teachers teaching in schools served by the local 
        educational agency to integrate technology effectively 
        into curricula and instruction.
          [(2) A description of the applicant's specific goals 
        for using advanced technology to improve student 
        academic achievement, aligned with challenging State 
        academic content and student academic achievement 
        standards.
          [(3) A description of the steps the applicant will 
        take to ensure that all students and teachers in 
        schools served by the local educational agency involved 
        have increased access to educational technology, 
        including how the agency would use funds under this 
        subpart (such as combining the funds with funds from 
        other sources), to help ensure that--
                  [(A) students in high-poverty and high-needs 
                schools, or schools identified under section 
                1116, have access to technology; and
                  [(B) teachers are prepared to integrate 
                technology effectively into curricula and 
                instruction.
          [(4) A description of how the applicant will--
                  [(A) identify and promote curricula and 
                teaching strategies that integrate technology 
                effectively into curricula and instruction, 
                based on a review of relevant research, leading 
                to improvements in student academic 
                achievement, as measured by challenging State 
                academic content and student academic 
                achievement standards; and
                  [(B) provide ongoing, sustained professional 
                development for teachers, principals, 
                administrators, and school library media 
                personnel serving the local educational agency, 
                to further the effective use of technology in 
                the classroom or library media center, 
                including, if applicable, a list of the 
                entities that will be partners with the local 
                educational agency involved in providing the 
                ongoing, sustained professional development.
          [(5) A description of the type and costs of 
        technologies to be acquired under this subpart, 
        including services, software, and digital curricula, 
        and including specific provisions for interoperability 
        among components of such technologies.
          [(6) A description of how the applicant will 
        coordinate activities carried out with funds provided 
        under this subpart with technology-related activities 
        carried out with funds available from other Federal, 
        State, and local sources.
          [(7) A description of how the applicant will 
        integrate technology (including software and other 
        electronically delivered learning materials) into 
        curricula and instruction, and a timeline for such 
        integration.
          [(8) A description of how the applicant will 
        encourage the development and utilization of innovative 
        strategies for the delivery of specialized or rigorous 
        academic courses and curricula through the use of 
        technology, including distance learning technologies, 
        particularly for those areas that would not otherwise 
        have access to such courses and curricula due to 
        geographical isolation or insufficient resources.
          [(9) A description of how the applicant will ensure 
        the effective use of technology to promote parental 
        involvement and increase communication with parents, 
        including a description of how parents will be informed 
        of the technology being applied in their child's 
        education so that the parents are able to reinforce at 
        home the instruction their child receives at school.
          [(10) A description of how programs will be 
        developed, where applicable, in collaboration with 
        adult literacy service providers, to maximize the use 
        of technology.
          [(11) A description of the process and accountability 
        measures that the applicant will use to evaluate the 
        extent to which activities funded under this subpart 
        are effective in integrating technology into curricula 
        and instruction, increasing the ability of teachers to 
        teach, and enabling students to meet challenging State 
        academic content and student academic achievement 
        standards.
          [(12) A description of the supporting resources (such 
        as services, software, other electronically delivered 
        learning materials, and print resources) that will be 
        acquired to ensure successful and effective uses of 
        technology.
  [(c) Combined Applications.--A local educational agency that 
is an eligible local entity and submits an application to the 
State educational agency under this section for funds awarded 
under section 2412(a)(2)(A) may combine the agency's 
application for funds awarded under that section with an 
application for funds awarded under section 2412(a)(2)(B).
  [(d) Special Rule.--
          [(1) Consortium applications.--
                  [(A) In general.--For any fiscal year, a 
                local educational agency applying for financial 
                assistance described in section 2412(a)(2)(A) 
                may apply as part of a consortium that includes 
                other local educational agencies, institutions 
                of higher education, educational service 
                agencies, libraries, or other educational 
                entities appropriate to provide local programs.
                  [(B) Fiscal agent.--If a local educational 
                agency applies for and receives financial 
                assistance described in section 2412(a)(2)(A) 
                as part of a consortium, the local educational 
                agency shall serve as the fiscal agent for the 
                consortium.
          [(2) State educational agency assistance.--At the 
        request of a local educational agency, a State 
        educational agency may assist the local educational 
        agency in the formation of a consortium described in 
        paragraph (1) to provide services for the teachers and 
        students served by the local educational agency.]

[SEC. 2415. STATE ACTIVITIES.]

  [From funds made available under section 2412(a)(1), a State 
educational agency shall carry out activities and assist local 
efforts to carry out the purposes of this part, which may 
include the following activities:
          [(1) Developing, or assisting applicants or 
        recipients of funds under this subpart in the 
        development and utilization of, innovative strategies 
        for the delivery of specialized or rigorous academic 
        courses and curricula through the use of technology, 
        including distance learning technologies, and providing 
        other technical assistance to such applicants or 
        recipients throughout the State, with priority given to 
        high-need local educational agencies.
          [(2) Establishing or supporting public-private 
        initiatives (such as interest-free or reduced-cost 
        loans) for the acquisition of educational technology 
        for high-need local educational agencies and students 
        attending schools served by such agencies.
          [(3) Assisting recipients of funds under this subpart 
        in providing sustained and intensive, high-quality 
        professional development based on a review of relevant 
        research in the integration of advanced technologies, 
        including emerging technologies, into curricula and 
        instruction and in using those technologies to create 
        new learning environments, including training in the 
        use of technology to--
                  [(A) access data and resources to develop 
                curricula and instructional materials;
                  [(B) enable teachers--
                          [(i) to use the Internet and other 
                        technology to communicate with parents, 
                        other teachers, principals, and 
                        administrators; and
                          [(ii) to retrieve Internet-based 
                        learning resources; and
                  [(C) lead to improvements in classroom 
                instruction in the core academic subjects, that 
                effectively prepare students to meet 
                challenging State academic content standards 
                and student academic achievement standards.
          [(4) Assisting recipients of funds under this subpart 
        in providing all students (including students with 
        disabilities and students with limited English 
        proficiency) and teachers with access to educational 
        technology.
          [(5) Developing performance measurement systems to 
        determine the effectiveness of educational technology 
        programs funded under this subpart, particularly in 
        determining the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction, increasing the ability 
        of teachers to teach, and enabling students to meet 
        challenging State academic content and student academic 
        achievement standards.
          [(6) Collaborating with other State educational 
        agencies on distance learning, including making 
        specialized or rigorous academic courses and curricula 
        available to students in areas that would not otherwise 
        have access to such courses and curricula.]

[SEC. 2416. LOCAL ACTIVITIES.]

  [(a) Professional Development.--
          [(1) In general.--A recipient of funds made available 
        under section 2412(a)(2) shall use not less than 25 
        percent of such funds to provide ongoing, sustained, 
        and intensive, high-quality professional development. 
        The recipient shall provide professional development in 
        the integration of advanced technologies, including 
        emerging technologies, into curricula and instruction 
        and in using those technologies to create new learning 
        environments, such as professional development in the 
        use of technology--
                  [(A) to access data and resources to develop 
                curricula and instructional materials;
                  [(B) to enable teachers--
                          [(i) to use the Internet and other 
                        technology to communicate with parents, 
                        other teachers, principals, and 
                        administrators; and
                          [(ii) to retrieve Internet-based 
                        learning resources; and
                  [(C) to lead to improvements in classroom 
                instruction in the core academic subjects, that 
                effectively prepare students to meet 
                challenging State academic content standards, 
                including increasing student technology 
                literacy, and student academic achievement 
                standards.
          [(2) Waivers.--Paragraph (1) shall not apply to a 
        recipient of funds made available under section 
        2412(a)(2) that demonstrates, to the satisfaction of 
        the State educational agency involved, that the 
        recipient already provides ongoing, sustained, and 
        intensive, high-quality professional development that 
        is based on a review of relevant research, to all 
        teachers in core academic subjects in the integration 
        of advanced technologies, including emerging 
        technologies, into curricula and instruction.
  [(b) Other Activities.--In addition to the activities 
described in subsection (a), a recipient of funds made 
available by a State educational agency under section 
2412(a)(2) shall use such funds to carry out other activities 
consistent with this subpart, which may include the following:
          [(1) Establishing or expanding initiatives, 
        particularly initiatives involving public-private 
        partnerships, designed to increase access to technology 
        for students and teachers, with special emphasis on the 
        access of high-need schools to technology.
          [(2) Adapting or expanding existing and new 
        applications of technology to enable teachers to 
        increase student academic achievement, including 
        technology literacy--
                  [(A) through the use of teaching practices 
                that are based on a review of relevant research 
                and are designed to prepare students to meet 
                challenging State academic content and student 
                academic achievement standards; and
                  [(B) by the development and utilization of 
                innovative distance learning strategies to 
                deliver specialized or rigorous academic 
                courses and curricula to areas that would not 
                otherwise have access to such courses and 
                curricula.
          [(3) Acquiring proven and effective courses and 
        curricula that include integrated technology and are 
        designed to help students meet challenging State 
        academic content and student academic achievement 
        standards.
          [(4) Utilizing technology to develop or expand 
        efforts to connect schools and teachers with parents 
        and students to promote meaningful parental 
        involvement, to foster increased communication about 
        curricula, assignments, and assessments between 
        students, parents, and teachers, and to assist parents 
        to understand the technology being applied in their 
        child's education, so that parents are able to 
        reinforce at home the instruction their child receives 
        at school.
          [(5) Preparing one or more teachers in elementary 
        schools and secondary schools as technology leaders who 
        are provided with the means to serve as experts and 
        train other teachers in the effective use of 
        technology, and providing bonus payments to the 
        technology leaders.
          [(6) Acquiring, adapting, expanding, implementing, 
        repairing, and maintaining existing and new 
        applications of technology, to support the school 
        reform effort and to improve student academic 
        achievement, including technology literacy.
          [(7) Acquiring connectivity linkages, resources, and 
        services (including the acquisition of hardware and 
        software and other electronically delivered learning 
        materials) for use by teachers, students, academic 
        counselors, and school library media personnel in the 
        classroom, in academic and college counseling centers, 
        or in school library media centers, in order to improve 
        student academic achievement.
          [(8) Using technology to collect, manage, and analyze 
        data to inform and enhance teaching and school 
        improvement efforts.
          [(9) Implementing performance measurement systems to 
        determine the effectiveness of education technology 
        programs funded under this subpart, particularly in 
        determining the extent to which activities funded under 
        this subpart are effective in integrating technology 
        into curricula and instruction, increasing the ability 
        of teachers to teach, and enabling students to meet 
        challenging State academic content and student academic 
        achievement standards.
          [(10) Developing, enhancing, or implementing 
        information technology courses.]

              [Subpart 2--National Technology Activities]

[SEC. 2421. NATIONAL ACTIVITIES.]

  [(a) Study.--Using funds made available under section 
2404(b)(2), the Secretary--
          [(1) shall conduct an independent, long-term study, 
        utilizing scientifically based research methods and 
        control groups or control conditions--
                  [(A) on the conditions and practices under 
                which educational technology is effective in 
                increasing student academic achievement; and
                  [(B) on the conditions and practices that 
                increase the ability of teachers to integrate 
                technology effectively into curricula and 
                instruction, that enhance the learning 
                environment and opportunities, and that 
                increase student academic achievement, 
                including technology literacy;
          [(2) shall establish an independent review panel to 
        advise the Secretary on methodological and other issues 
        that arise in conducting the long-term study;
          [(3) shall consult with other interested Federal 
        departments or agencies, State and local educational 
        practitioners and policymakers (including teachers, 
        principals, and superintendents), and experts in 
        technology, regarding the study; and
          [(4) shall submit to Congress interim reports, when 
        appropriate, and a final report, to be submitted not 
        later than April 1, 2006, on the findings of the study.
  [(b) Dissemination.--Using funds made available under section 
2404(b)(2), the Secretary shall make widely available, 
including through dissemination on the Internet and to all 
State educational agencies and other recipients of funds under 
this part, findings identified through activities carried out 
under this section regarding the conditions and practices under 
which educational technology is effective in increasing student 
academic achievement.
  [(c) Technical Assistance.--Using funds made available under 
section 2404(b)(2), the Secretary may provide technical 
assistance (directly or through the competitive award of grants 
or contracts) to State educational agencies, local educational 
agencies, and other recipients of funds, particularly in rural 
areas, under this part, in order to assist such State 
educational agencies, local educational agencies, and other 
recipients to achieve the purposes of this part.]

[SEC. 2422. NATIONAL EDUCATION TECHNOLOGY PLAN.]

  [(a) In General.--Based on the Nation's progress and an 
assessment by the Secretary of the continuing and future needs 
of the Nation's schools in effectively using technology to 
provide all students the opportunity to meet challenging State 
academic content and student academic achievement standards, 
the Secretary shall update and publish, in a form readily 
accessible to the public, a national long-range technology 
plan, by not later than 12 months after the date of enactment 
of the No Child Left Behind Act of 2001.
  [(b) Contents.--The plan referred to in subsection (a) shall 
include each of the following:
          [(1) A description of the manner in which the 
        Secretary will promote--
                  [(A) higher student academic achievement 
                through the integration of advanced 
                technologies, including emerging technologies, 
                into curricula and instruction;
                  [(B) increased access to technology for 
                teaching and learning for schools with a high 
                number or percentage of children from families 
                with incomes below the poverty line; and
                  [(C) the use of technology to assist in the 
                implementation of State systemic reform 
                strategies.
          [(2) A description of joint activities of the 
        Department of Education and other Federal departments 
        or agencies that will promote the use of technology in 
        education.]

                 [Subpart 3--Ready-to-Learn Television]

[SEC. 2431. READY-TO-LEARN TELEVISION.]

  [(a) Program Authorized.--
          [(1) In general.--The Secretary is authorized to 
        award grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                  [(A) to develop, produce, and distribute 
                educational and instructional video programming 
                for preschool and elementary school children 
                and their parents in order to facilitate 
                student academic achievement;
                  [(B) to facilitate the development, directly 
                or through contracts with producers of children 
                and family educational television programming, 
                of educational programming for preschool and 
                elementary school children, and the 
                accompanying support materials and services 
                that promote the effective use of such 
                programming;
                  [(C) to facilitate the development of 
                programming and digital content containing 
                Ready-to-Learn-based children's programming and 
                resources for parents and caregivers that is 
                specially designed for nationwide distribution 
                over public television stations' digital 
                broadcasting channels and the Internet;
                  [(D) to contract with entities (such as 
                public telecommunications entities) so that 
                programs developed under this section are 
                disseminated and distributed to the widest 
                possible audience appropriate to be served by 
                the programming, and through the use of the 
                most appropriate distribution technologies; and
                  [(E) to develop and disseminate education and 
                training materials, including interactive 
                programs and programs adaptable to distance 
                learning technologies, that are designed--
                          [(i) to promote school readiness; and
                          [(ii) to promote the effective use of 
                        materials developed under subparagraphs 
                        (B) and (C) among parents, teachers, 
                        Head Start providers, Even Start 
                        providers, providers of family literacy 
                        services, child care providers, early 
                        childhood development personnel, 
                        elementary school teachers, public 
                        libraries, and after-school program 
                        personnel caring for preschool and 
                        elementary school children.
          [(2) Availability.--In awarding grants, contracts, or 
        cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities make 
        programming widely available, with support materials as 
        appropriate, to young children, parents, child care 
        workers, Head Start providers, Even Start providers, 
        and providers of family literacy services to increase 
        the effective use of such programming.
          [(3) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreements under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                  [(A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                  [(B) A capacity to contract with the 
                producers of children's television programming 
                for the purpose of developing educational 
                television programming of high quality.
                  [(C) A capacity, consistent with the entity's 
                mission and nonprofit nature, to negotiate such 
                contracts in a manner that returns to the 
                entity an appropriate share of any ancillary 
                income from sales of any program-related 
                products.
                  [(D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
          [(4) Coordination of activities.--An entity receiving 
        a grant, contract, or cooperative agreement under this 
        section shall consult with the Secretary and the 
        Secretary of Health and Human Services--
                  [(A) to maximize the utilization of quality 
                educational programming by preschool and 
                elementary school children, and make such 
                programming widely available to federally 
                funded programs serving such populations; and
                  [(B) to coordinate activities with Federal 
                programs that have major training components 
                for early childhood development, including 
                programs under the Head Start Act (42 U.S.C. 
                9831 et seq.) and Even Start, and State 
                training activities funded under the Child Care 
                and Development Block Grant Act of 1990 (42 
                U.S.C. 9858 et seq.), regarding the 
                availability and utilization of materials 
                developed under paragraph (1)(E) to enhance 
                parent and child care provider skills in early 
                childhood development and education.
  [(b) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under subsection (a), an 
entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require.
  [(c) Reports and Evaluations.--
          [(1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        the report shall describe the program activities 
        undertaken with funds received under the grant, 
        contract, or cooperative agreement, including each of 
        the following:
                  [(A) The programming that has been developed, 
                directly or indirectly, by the eligible entity, 
                and the target population of the programs 
                developed.
                  [(B) The support and training materials that 
                have been developed to accompany the 
                programming, and the method by which the 
                materials are distributed to consumers and 
                users of the programming.
                  [(C) The means by which programming developed 
                under this section has been distributed, 
                including the distance learning technologies 
                that have been utilized to make programming 
                available, and the geographic distribution 
                achieved through such technologies.
                  [(D) The initiatives undertaken by the entity 
                to develop public-private partnerships to 
                secure non-Federal support for the development, 
                distribution, and broadcast of educational and 
                instructional programming.
          [(2) Report to congress.--The Secretary shall prepare 
        and submit to the relevant committees of Congress a 
        biannual report that includes the following:
                  [(A) A summary of the activities assisted 
                under subsection (a).
                  [(B) A description of the education and 
                training materials made available under 
                subsection (a)(1)(E), the manner in which 
                outreach has been conducted to inform parents 
                and child care providers of the availability of 
                such materials, and the manner in which such 
                materials have been distributed in accordance 
                with such subsection.
  [(d) Administrative Costs.--An entity that receives a grant, 
contract, or cooperative agreement under this section may use 
up to 5 percent of the amount received under the grant, 
contract, or agreement for the normal and customary expenses of 
administering the grant, contract, or agreement.
  [(e) 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 for each of the 
        5 succeeding fiscal years.
          [(2) Funding rule.--Not less than 60 percent of the 
        amount appropriated under paragraph (1) for each fiscal 
        year shall be used to carry out activities under 
        subparagraphs (B) through (D) of subsection (a)(1).]

  [Subpart 4--Limitation on Availability of Certain Funds for Schools]

[SEC. 2441. INTERNET SAFETY.]

  [(a) In General.--No funds made available under this part to 
a local educational agency for an elementary school or 
secondary school that does not receive services at discount 
rates under section 254(h)(5) of the Communications Act of 1934 
(47 U.S.C. 254(h)(5)) may be used to purchase computers used to 
access the Internet, or to pay for direct costs associated with 
accessing the Internet, for such school unless the school, 
school board, local educational agency, or other authority with 
responsibility for administration of such school both--
          [(1)(A) has in place a policy of Internet safety for 
        minors that includes the operation of a technology 
        protection measure with respect to any of its computers 
        with Internet access that protects against access 
        through such computers to visual depictions that are--
                  [(i) obscene;
                  [(ii) child pornography; or
                  [(iii) harmful to minors; and
          [(B) is enforcing the operation of such technology 
        protection measure during any use of such computers by 
        minors; and
          [(2)(A) has in place a policy of Internet safety that 
        includes the operation of a technology protection 
        measure with respect to any of its computers with 
        Internet access that protects against access through 
        such computers to visual depictions that are--
                  [(i) obscene; or
                  [(ii) child pornography; and
          [(B) is enforcing the operation of such technology 
        protection measure during any use of such computers.
  [(b) Timing and Applicability of Implementation.--
          [(1) In general.--The local educational agency with 
        responsibility for a school covered by subsection (a) 
        shall certify the compliance of such school with the 
        requirements of subsection (a) as part of the 
        application process for the next program funding year 
        under this Act following December 21, 2000, and for 
        each subsequent program funding year thereafter.
          [(2) Process.--
                  [(A) Schools with internet safety policies 
                and technology protection measures in place.--A 
                local educational agency with responsibility 
                for a school covered by subsection (a) that has 
                in place an Internet safety policy meeting the 
                requirements of subsection (a) shall certify 
                its compliance with subsection (a) during each 
                annual program application cycle under this 
                Act.
                  [(B) Schools without internet safety policies 
                and technology protection measures in place.--
                          [(i) Certification.--A local 
                        educational agency with responsibility 
                        for a school covered by subsection (a) 
                        that does not have in place an Internet 
                        safety policy meeting the requirements 
                        of subsection (a)--
                                  [(I) for the first program 
                                year after December 21, 2000, 
                                in which the local educational 
                                agency is applying for funds 
                                for such school under this Act, 
                                shall certify that it is 
                                undertaking such actions, 
                                including any necessary 
                                procurement procedures, to put 
                                in place an Internet safety 
                                policy that meets such 
                                requirements; and
                                  [(II) for the second program 
                                year after December 21, 2000, 
                                in which the local educational 
                                agency is applying for funds 
                                for such school under this Act, 
                                shall certify that such school 
                                is in compliance with such 
                                requirements.
                          [(ii) Ineligibility.--Any school 
                        covered by subsection (a) for which the 
                        local educational agency concerned is 
                        unable to certify compliance with such 
                        requirements in such second program 
                        year shall be ineligible for all 
                        funding under this part for such second 
                        program year and all subsequent program 
                        years until such time as such school 
                        comes into compliance with such 
                        requirements.
                  [(C) Waivers.--Any school subject to a 
                certification under subparagraph (B)(i)(II) for 
                which the local educational agency concerned 
                cannot make the certification otherwise 
                required by that subparagraph may seek a waiver 
                of that subparagraph if State or local 
                procurement rules or regulations or competitive 
                bidding requirements prevent the making of the 
                certification otherwise required by that 
                subparagraph. The local educational agency 
                concerned shall notify the Secretary of the 
                applicability of that subparagraph to the 
                school. Such notice shall certify that the 
                school will be brought into compliance with the 
                requirements in subsection (a) before the start 
                of the third program year after December 21, 
                2000, in which the school is applying for funds 
                under this part.
  [(c) Disabling During Certain Use.--An administrator, 
supervisor, or person authorized by the responsible authority 
under subsection (a) may disable the technology protection 
measure concerned to enable access for bona fide research or 
other lawful purposes.
  [(d) Noncompliance.--
          [(1) Use of general education provisions act 
        remedies.--Whenever the Secretary has reason to believe 
        that any recipient of funds under this part is failing 
        to comply substantially with the requirements of this 
        section, the Secretary may--
                  [(A) withhold further payments to the 
                recipient under this part;
                  [(B) issue a complaint to compel compliance 
                of the recipient through a cease and desist 
                order; or
                  [(C) enter into a compliance agreement with a 
                recipient to bring it into compliance with such 
                requirements,
        [in same manner as the Secretary is authorized to take 
        such actions under sections 455, 456, and 457, 
        respectively, of the General Education Provisions Act.
          [(2) Recovery of funds prohibited.--The actions 
        authorized by paragraph (1) are the exclusive remedies 
        available with respect to the failure of a school to 
        comply substantially with a provision of this section, 
        and the Secretary shall not seek a recovery of funds 
        from the recipient for such failure.
          [(3) Recommencement of payments.--Whenever the 
        Secretary determines (whether by certification or other 
        appropriate evidence) that a recipient of funds who is 
        subject to the withholding of payments under paragraph 
        (1)(A) has cured the failure providing the basis for 
        the withholding of payments, the Secretary shall cease 
        the withholding of payments to the recipient under that 
        paragraph.
  [(e) Definitions.--In this subpart:
          [(1) Computer.--The term ``computer'' includes any 
        hardware, software, or other technology attached or 
        connected to, installed in, or otherwise used in 
        connection with a computer.
          [(2) Access to internet.--A computer shall be 
        considered to have access to the Internet if such 
        computer is equipped with a modem or is connected to a 
        computer network that has access to the Internet.
          [(3) Acquisition or operation.--An elementary school 
        or secondary school shall be considered to have 
        received funds under this part for the acquisition or 
        operation of any computer if such funds are used in any 
        manner, directly or indirectly--
                  [(A) to purchase, lease, or otherwise acquire 
                or obtain the use of such computer; or
                  [(B) to obtain services, supplies, software, 
                or other actions or materials to support, or in 
                connection with, the operation of such 
                computer.
          [(4) Minor.--The term ``minor'' means an individual 
        who has not attained the age of 17.
          [(5) Child pornography.--The term ``child 
        pornography'' has the meaning given that term in 
        section 2256 of title 18, United States Code.
          [(6) Harmful to minors.--The term ``harmful to 
        minors'' means any picture, image, graphic image file, 
        or other visual depiction that--
                  [(A) taken as a whole and with respect to 
                minors, appeals to a prurient interest in 
                nudity, sex, or excretion;
                  [(B) depicts, describes, or represents, in a 
                patently offensive way with respect to what is 
                suitable for minors, an actual or simulated 
                sexual act or sexual contact, actual or 
                simulated normal or perverted sexual acts, or a 
                lewd exhibition of the genitals; and
                  [(C) taken as a whole, lacks serious 
                literary, artistic, political, or scientific 
                value as to minors.
          [(7) Obscene.--The term ``obscene'' has the meaning 
        applicable to that term under section 1460 of title 18, 
        United States Code.
          [(8) Sexual act and sexual contact.--The terms 
        ``sexual act'' and ``sexual contact'' have the meanings 
        given those terms in section 2246 of title 18, United 
        States Code.
  [(f) Severability.--If any provision of this section is held 
invalid, the remainder of this section shall not be affected 
thereby.]

 PART A_CONTINUOUS IMPROVEMENT AND SUPPORT FOR TEACHERS AND PRINCIPALS

SEC. 2101. PURPOSE.

  The purpose of this part is to provide grants to State 
educational agencies and subgrants to local educational 
agencies to enable such agencies to improve academic 
achievement for all students, including students with 
disabilities and English learners, by--
          (1) providing professional development that is 
        designed to improve instruction and student 
        achievement; and
          (2) increasing the number and improving the equitable 
        distribution of high-quality teachers and principals.

SEC. 2102. DEFINITIONS.

  In this part:
          (1) Induction program.--The term ``induction 
        program'' means a program based on scientifically valid 
        research for new teachers that is designed to improve 
        instruction and increase teacher retention, and that 
        includes--
                  (A) high-quality teacher mentoring;
                  (B) the development of skills needed by new 
                teachers, including content knowledge, 
                pedagogical knowledge, classroom management 
                (which may include positive behavioral 
                interventions and supports), and the analysis 
                and use of student assessments (including 
                formative assessments), and other student data;
                  (C) periodic, structured time for 
                collaboration and professional development with 
                teachers in the same subject or field, and 
                opportunities to draw directly on the expertise 
                of other school and local educational agency 
                staff and other organizations that provide 
                high-quality supports, which may include team 
                teaching or a reduced teaching load; and
                  (D) regular and structured observation with 
                timely feedback.
          (2) Mentoring.--The term ``mentoring'' means 
        supporting teachers or principals to increase the 
        effectiveness and retention of such teachers or 
        principals through a program that--
                  (A) includes clear criteria for the selection 
                of mentors that takes into account the 
                mentor's--
                          (i) record of increasing student 
                        achievement; and
                          (ii) ability to facilitate adult 
                        learning;
                  (B) provides high-quality training for 
                mentors in how to support teachers or 
                principals;
                  (C) provides regularly scheduled time for 
                collaboration, examination of student work and 
                achievement data, and ongoing opportunities for 
                mentors and mentees to observe each other's 
                teaching or leading, and identify and address 
                areas identified for improvement; and
                  (D) matches mentees with mentors in the same 
                field, grade, grade span, or subject area.
          (3) State.--The term ``State'' means each of the 
        several States of the United States, the Commonwealth 
        of Puerto Rico, and the District of Columbia.

                      Subpart 1--Grants to States

SEC. 2111. ALLOTMENTS TO STATES.

  (a) In General.--The Secretary shall make grants to States 
with applications approved under section 2112 to enable the 
States to carry out the activities specified in section 2113. 
Each grant shall consist of the allotment determined for a 
State under subsection (b).
  (b) Determination of Allotments.--
          (1) Reservation of funds.--From the total amount 
        appropriated to carry out this subpart for a fiscal 
        year, the Secretary shall reserve--
                  (A) 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 those outlying areas on the basis of 
                their relative need, as determined by the 
                Secretary, in accordance with the purpose of 
                this part; and
                  (B) one-half of 1 percent for the Secretary 
                of the Interior for programs under this part in 
                schools operated or funded by the Bureau of 
                Indian Education.
          (2) State allotments.--
                  (A) In general.--Subject to subparagraph (B), 
                from the funds appropriated to carry out this 
                subpart and not reserved under paragraph (1), 
                the Secretary shall allot to each State the sum 
                of--
                          (i) an amount that bears the same 
                        relationship to 35 percent of the 
                        remaining amount as the number of 
                        individuals ages 5 through 17 in the 
                        State, as determined by the Secretary 
                        on the basis of the most recent 
                        satisfactory data, bears to the number 
                        of those individuals in all such 
                        States, as so determined; and
                          (ii) an amount that bears the same 
                        relationship to 65 percent of the 
                        remaining amount as the number of 
                        individuals, ages 5 through 17 from 
                        families with incomes below the poverty 
                        line, in the State, as determined by 
                        the Secretary on the basis of the most 
                        recent satisfactory data, bears to the 
                        number of those individuals in all such 
                        States, as so determined.
                  (B) Exception.--No State receiving an 
                allotment under subparagraph (A) may receive 
                less than one-half of 1 percent of the total 
                amount allotted under such subparagraph.
          (3) Reallotment.--If any State does not receive an 
        allotment under this subsection for any fiscal year, 
        the Secretary shall reallot the amount of the allotment 
        to the remaining States in accordance with this 
        subsection.

SEC. 2112. STATE APPLICATIONS.

  (a) In General.--For a State to be eligible to receive a 
grant under this part, the State educational agency shall 
submit an application to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
reasonably require.
  (b) Contents.--Each application submitted under this section 
shall be subject to peer review and include--
          (1) a description of how the State educational agency 
        will ensure that each local educational agency 
        receiving a subgrant under subpart 2 will comply with 
        the requirements of such subgrant;
          (2) a description of how the State will use funds 
        reserved under section 2113(a);
          (3) a description of how the activities to be carried 
        out by the State educational agency under this subpart 
        will be based on a review of scientifically valid 
        research and an explanation of why the activities are 
        expected to improve student achievement;
          (4) a description of how activities under this 
        subpart are aligned with State academic content and 
        student academic achievement standards and State 
        assessments, which include, as appropriate, State early 
        learning standards for children younger than 
        kindergarten;
          (5) a description of how the State educational agency 
        will provide data on each teacher's student achievement 
        and, if applicable, student growth, for the State 
        assessments required under section 1111(a)(2) to 
        teachers and local educational agencies, in a timely 
        and useful manner;
          (6) if the State intends to use grant funds to 
        develop or improve a teacher and principal evaluation 
        system--
                  (A) a description of such system; and
                  (B) an assurance that such system will be 
                consistent with section 2301(b)(4);
          (7) a description of how the State educational agency 
        will hold local educational agencies accountable for 
        meeting the requirements of section 1119;
          (8) an assurance that the State educational agency 
        will comply with section 9501 (regarding participation 
        by private school children and teachers); and
          (9) a description of the activities funded under this 
        subpart, including how such activities will be 
        coordinated with the State agency responsible for early 
        childhood education and care programs and the State 
        Advisory Council on Early Childhood Education and Care 
        established under section 642B of the Head Start Act, 
        that are designed to improve and strengthen the 
        knowledge and skills of teachers and principals 
        responsible for educating children in preschool, where 
        applicable, through grade 3.
  (c) Deemed Approval.--An application submitted by a State 
educational agency pursuant to subsection (a) that has been 
peer reviewed shall be deemed to be approved by the Secretary 
unless the Secretary makes a written determination, prior to 
the expiration of the 120-day period beginning on the date on 
which the Secretary received the application, that the 
application is not in compliance with this subpart.
  (d) Disapproval.--The Secretary shall not finally disapprove 
the application, except after giving the State educational 
agency notice and an opportunity for a hearing.
  (e) Notification.--If the Secretary finds that the 
application is not in compliance, in whole or in part, with 
this subpart, the Secretary shall--
          (1) give the State educational agency notice and an 
        opportunity for a hearing; and
          (2) notify the State educational agency of the 
        finding of noncompliance and, in such notification, 
        shall--
                  (A) cite the specific provisions in the 
                application that are not in compliance; and
                  (B) request additional information, only as 
                to the noncompliant provisions, needed to make 
                the application compliant.
  (f) Response.--If the State educational agency responds to 
the Secretary's notification described in subsection (e)(2) 
during the 45-day period beginning on the date on which the 
agency received the notification, and resubmits the application 
with the requested information described in subsection 
(e)(2)(B), the Secretary shall approve or disapprove such 
application prior to the later of--
          (1) the expiration of the 45-day period beginning on 
        the date on which the application is resubmitted; or
          (2) the expiration of the 120-day period described in 
        subsection (c).
  (g) Failure to Respond.--If the State educational agency does 
not respond to the Secretary's notification described in 
subsection (e)(2) during the 45-day period beginning on the 
date on which the agency received the notification, such 
application shall be deemed to be disapproved.

SEC. 2113. STATE USE OF FUNDS.

  (a) In General.--A State that receives a grant under section 
2111--
          (1) shall reserve 95 percent of the funds made 
        available through the grant to make subgrants to local 
        educational agencies as described in subpart 2;
          (2) shall use not less than 2 percent but not more 
        than 5 percent of funds made available through the 
        grant to improve the performance and distribution of 
        high quality principals and, at the State's discretion, 
        other school leaders, including through--
                  (A) developing, periodically reviewing, and 
                revising State policies and standards related 
                to principals;
                  (B) developing, with appropriate 
                stakeholders, and carrying out a State plan to 
                provide for well-prepared principals, based on 
                an analysis of relevant data;
                  (C) activities designed to recruit, prepare, 
                place, assist, support, and retain high quality 
                principals for high-need schools and low-
                performing schools;
                  (D) providing training and support to 
                principals and school leadership teams in high-
                need schools and low-performing schools on 
                improving instruction and closing achievement 
                gaps; and
                  (E) providing compensation or incentives to 
                attract, retain, and reward high quality 
                principals and other school leaders for high-
                need schools and low-performing schools;
          (3) shall use funds remaining after making the 
        reservations under paragraphs (1) and (2) to--
                  (A) plan and administer State activities 
                under this part, including awarding, 
                monitoring, and enforcing the requirements of 
                subgrants awarded under subpart 2;
                  (B) assist local educational agencies in 
                recruiting, preparing, placing, developing, and 
                retaining high-quality teachers for high-need 
                schools and low-performing schools;
                  (C) provide technical assistance, as 
                necessary, to local educational agencies that 
                receive subgrants under subpart 2, to improve 
                performance on the measures described in 
                section 2141(b);
                  (D) develop and disseminate the State Report 
                Card described in subpart 4, and use the 
                information in the Report Card to guide efforts 
                under this part; and
                  (E) provide technical assistance and support 
                to local educational agencies in the 
                development and implementation of programs and 
                policies that support children's transition 
                from early childhood education and care 
                programs into elementary schools, improve 
                school readiness, and improve the academic 
                achievement of young children; and
          (4) may use any funds remaining after making the 
        reservations under paragraphs (1) and (2) and carrying 
        out paragraph (3) to provide technical assistance to 
        local educational agencies to support the design and 
        implementation of a system to evaluate teachers and 
        principals consistent with section 2301(b)(4), 
        including--
                  (A) developing and disseminating research-
                based models and designing high-quality 
                evaluation tools, such as classroom observation 
                rubrics;
                  (B) developing and providing training for 
                principals and other evaluators on how to 
                evaluate teachers in order to differentiate 
                teacher performance accurately, provide useful 
                feedback, and use evaluation results to inform 
                decisionmaking about professional development, 
                improvement strategies, and personnel 
                decisions;
                  (C) developing methods, including training 
                and auditing, for ensuring inter-rater 
                reliability of evaluation results;
                  (D) the appropriate collection, reporting, 
                analysis, and use of evaluation data; and
                  (E) creating opportunities for teachers and 
                principals to provide feedback on the quality 
                and usefulness of the local educational 
                agency's evaluation system.
  (b) Optional Uses.--
          (1) In general.--Notwithstanding subsection (a)(2), a 
        State that receives a grant under section 2111 may, 
        from the funds available for the uses described in such 
        subsection (a)(2), use an amount equal to not more than 
        1 percent of the funds made available through the grant 
        to establish, expand, or implement 1 or more teacher or 
        principal preparation academies and to provide for a 
        State authorizer, if--
                  (A) the State does not have in place legal, 
                statutory, or regulatory barriers to the 
                creation or operation of teacher or principal 
                preparation academies;
                  (B) the State enables candidates attending a 
                teacher or principal preparation academy to be 
                eligible for State financial aid to the same 
                extent as participants in other State-approved 
                teacher or principal preparation programs, 
                including alternative certification, licensure, 
                or credential programs;
                  (C) the State enables teachers or principals 
                who are teaching or working while on 
                alternative certificates, licenses, or 
                credentials to teach or work in the State while 
                enrolled in a teacher or principal preparation 
                academy; and
                  (D) the State will recognize a certificate of 
                completion (from any teacher or principal 
                preparation academy that is not, or is 
                unaffiliated with, an institution of higher 
                education), as at least the equivalent of a 
                master's degree in education for the purposes 
                of hiring, retention, compensation, and 
                promotion in the State.
          (2) Definitions.--In this subsection:
                  (A) Teacher or principal preparation 
                academy.--The term ``teacher or principal 
                preparation academy'' means a public or other 
                nonprofit institution that will prepare 
                teachers or principals, or both, to serve in 
                high-need schools and that--
                          (i) enters into an agreement with a 
                        State authorizer that specifies the 
                        goals expected of the institution, 
                        including--
                                  (I) a requirement that--
                                          (aa) teacher or 
                                        principal candidates, 
                                        or teachers teaching or 
                                        principals serving on 
                                        alternative 
                                        certificates, licenses, 
                                        or credentials, who are 
                                        enrolled in the academy 
                                        receive a significant 
                                        part of their training 
                                        through clinical 
                                        preparation that 
                                        partners candidates 
                                        with mentor teachers or 
                                        principals with a 
                                        demonstrated track 
                                        record of success in 
                                        improving student 
                                        growth, including 
                                        (where applicable) 
                                        children with 
                                        disabilities, children 
                                        living in poverty, and 
                                        English learners; and
                                          (bb) the academy will 
                                        provide instruction to 
                                        teacher candidates that 
                                        links to the clinical 
                                        preparation experience;
                                  (II) the number of teachers 
                                or principals the academy will 
                                produce and the minimum number 
                                and percentage of teachers or 
                                principals who will demonstrate 
                                success in improving student 
                                performance based on multiple 
                                measures (including student 
                                growth);
                                  (III) a requirement that the 
                                teacher preparation component 
                                of the academy will only award 
                                a certificate of completion (or 
                                degree, if the academy is, or 
                                is affiliated with, an 
                                institution of higher 
                                education) after the graduate 
                                demonstrates a track record of 
                                success in improving student 
                                performance based on multiple 
                                measures (including student 
                                growth), either as a student 
                                teacher or teacher-of-record on 
                                an alternative certificate, 
                                license, or credential;
                                  (IV) a requirement that the 
                                principal preparation component 
                                of the academy will only award 
                                a certificate of completion (or 
                                degree, if the academy is, or 
                                is affiliated with, an 
                                institution of higher 
                                education) after the graduate 
                                demonstrates a track record of 
                                success in improving student 
                                performance for some or all of 
                                a school's students; and
                                  (V) timelines for producing 
                                cohorts of graduates and 
                                conferring certificates of 
                                completion (or degrees, if the 
                                academy is, or is affiliated 
                                with, an institution of higher 
                                education) from the academy;
                          (ii) shall not have unnecessary 
                        restrictions placed on the methods the 
                        academy will use to train teacher or 
                        principal candidates (or teachers or 
                        principals that are teaching or working 
                        while on alternative certificates, 
                        licenses, or credentials), including 
                        restrictions or requirements--
                                  (I) obligating the faculty of 
                                the academy to hold advanced 
                                degrees, or prohibiting the 
                                faculty of the academy from 
                                holding advanced degrees;
                                  (II) obligating such faculty 
                                to conduct academic research;
                                  (III) related to the physical 
                                infrastructure of the academy;
                                  (IV) related to the number of 
                                course credits required as part 
                                of the program of study;
                                  (V) related to the 
                                undergraduate coursework 
                                completed by teachers teaching 
                                on alternative certificates, 
                                licenses, or credentials, as 
                                long as such teachers have 
                                successfully passed all 
                                relevant State-approved content 
                                area examinations; or
                                  (VI) related to obtaining 
                                additional accreditation from a 
                                national accrediting body; and
                          (iii) limits admission to its program 
                        to candidates who demonstrate strong 
                        potential to improve student 
                        achievement, based on a rigorous 
                        selection process that reviews a 
                        candidate's prior academic achievement 
                        or record of professional 
                        accomplishment.
                  (B) State authorizer.--The term ``State 
                authorizer'' means an entity designated by the 
                Governor of a State to recognize teacher or 
                principal preparation academies within the 
                State that--
                          (i) enters into an agreement with a 
                        teacher or principal preparation 
                        academy that specifies the goals 
                        expected of the academy, as described 
                        in subparagraph (A)(i);
                          (ii) may be a nonprofit organization, 
                        State educational agency, or other 
                        public entity, or consortium of such 
                        entities (including a consortium of 
                        States); and
                          (iii) does not reauthorize a teacher 
                        or principal preparation academy if the 
                        academy fails to produce the minimum 
                        number or percentage of effective 
                        teachers or principals, respectively, 
                        identified in the academy's authorizing 
                        agreement.
  (c) Supplement, Not Supplant.--Funds received under this 
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities 
authorized under this subpart.

           Subpart 2--Subgrants to Local Educational Agencies

SEC. 2121. ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.

  (a) In General.--The Secretary may make a grant to a State 
under subpart 1 only if the State educational agency agrees to 
distribute the funds described in this section as subgrants to 
local educational agencies under this subpart.
  (b) Allocations.--
          (1) In general.--From the total amount reserved by a 
        State under section 2113(a)(1) for a fiscal year, the 
        State educational agency shall allocate to each of the 
        eligible local educational agencies in the State for 
        such fiscal year the sum of--
                  (A) an amount that bears the same 
                relationship to 20 percent of the total amount 
                reserved as the number of individuals age 5 
                through 17 in the geographic area served by the 
                agency, as determined by the Secretary on the 
                basis of the most recent satisfactory data, 
                bears to the number of those individuals in the 
                geographic areas served by all the local 
                educational agencies in the State, as so 
                determined; and
                  (B) an amount that bears the same 
                relationship to 80 percent of the total amount 
                reserved as the number of individuals age 5 
                through 17 from families with incomes below the 
                poverty line in the geographic area served by 
                the agency, as determined by the Secretary on 
                the basis of the most recent satisfactory data, 
                bears to the number of those individuals in the 
                geographic areas served by all the local 
                educational agencies in the State, as so 
                determined.
          (2) Hold harmless.--
                  (A) In general.--Notwithstanding paragraph 
                (1), the State educational agency shall 
                allocate to each of the eligible local 
                educational agencies in the State an amount 
                that is not less than 90 percent of the 
                allocation the eligible local educational 
                agency received for the previous fiscal year 
                under this part.
                  (B) Ratable reduction.--If insufficient funds 
                are appropriated to allocate the amounts that 
                all eligible local educational agencies in the 
                State are eligible to receive under 
                subparagraph (A) for a fiscal year, the 
                Secretary shall ratably reduce those amounts 
                for the fiscal year.

SEC. 2122. LOCAL APPLICATIONS AND NEEDS ASSESSMENT.

  (a) In General.--To be eligible to receive a subgrant under 
this subpart, a local educational agency shall--
          (1) 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; and
          (2) conduct, with the involvement of school staff and 
        other stakeholders, as applicable, an assessment of the 
        needs of the local educational agency in the areas set 
        forth under section 2141(b).
  (b) Contents.--Each application submitted under this section 
shall include the following:
          (1) A description of the results of the needs 
        assessment conducted under subsection (a)(2).
          (2) A description of the performance measures and 
        activities the local educational agency will use to 
        address the needs identified in such assessment.
          (3) If applicable, a description of how the local 
        educational agency will improve or implement a 
        rigorous, transparent, and fair evaluation system for 
        teachers and principals consistent with section 
        2301(b)(4).
          (4) The local educational agency's plan for using 
        subgrant funds, and other Federal, State and local 
        funds, to provide for the equitable distribution of 
        teachers within the local educational agency consistent 
        with section 1111(b)(1)(K).

SEC. 2123. LOCAL USE OF FUNDS.

  (a) In General.--A local educational agency that receives a 
subgrant under section 2121 shall use subgrant funds to 
increase student achievement for all students, including 
English learners and students with disabilities, by carrying 
out 1 or more of the following activities:
          (1) Developing and carrying out professional 
        development, which may include joint professional 
        development for teachers, principals, and other 
        relevant school staff with early childhood education 
        and care program staff.
          (2) Reducing class size for prekindergarten through 
        grade 3, by an amount and to a level consistent with 
        what scientifically valid research has found to improve 
        student achievement.
          (3) Developing and implementing an induction program 
        or a mentoring program.
          (4) Developing and implementing, or improving, a 
        teacher and principal evaluation system that is 
        consistent with section 2301(b)(4).
          (5) Increasing teacher capacity to evaluate student 
        work and use student achievement data, which may 
        include supporting the involvement of teachers in 
        assessment scoring.
          (6) Recruiting, preparing, placing, supporting, 
        developing, rewarding, and retaining high-quality 
        teachers and principals, especially--
                  (A) teachers and principals in high-need 
                schools and low-performing schools taking into 
                consideration members of groups 
                underrepresented in the teaching profession and 
                the principalship; and
                  (B) teachers in high-need subjects or fields.
          (7) Improving within-district equity in the 
        distribution of teachers consistent with the 
        requirements of section 1111(b)(1)(K).
          (8) Enabling teachers to become certified as teachers 
        in a high-need subject or field.
          (9) Creating career ladders, which may include 
        modifying the local educational agency's policies and 
        practices, to provide opportunities for high-quality 
        teachers or paraprofessionals to advance or take on 
        additional roles and responsibilities.
          (10) Reforming the local educational agency's system 
        of compensating teachers and principals in order to--
                  (A) provide incentives to recruit and retain 
                high-quality principals and teachers in a high-
                need subject or field, or who teach in or lead 
                a high-need school or low-performing school; 
                and
                  (B) reward high-quality teachers and 
                principals for increasing student achievement 
                or taking on additional roles and 
                responsibilities.
  (b) Supplement, Not Supplant.--Funds received under this 
subpart shall be used to supplement, and not supplant, non-
Federal funds that would otherwise be used for activities 
authorized under this subpart.

               Subpart 3--National Leadership Activities

SEC. 2131. NATIONAL LEADERSHIP ACTIVITIES.

  From the funds made available to carry out this part for a 
fiscal year, the Secretary is authorized to set aside not more 
than 1 percent to carry out the following activities related to 
the purpose of this part:
          (1) Research and development.
          (2) Technical assistance.
          (3) Outreach and dissemination activities directly or 
        through grants, contracts, or cooperative agreements.

                       Subpart 4--Accountability

SEC. 2141. ACCOUNTABILITY.

  (a) In General.--
          (1) State report.--Each State that receives a grant 
        under subpart 1 shall annually submit to the Secretary, 
        in a manner prescribed by the Secretary, and make 
        public, a State Report on program performance and 
        results under such grant. Such State Report shall 
        provide the information required under subsection (b).
          (2) Local educational agency report.--Each local 
        educational agency that receives a subgrant under 
        subpart 2 shall annually submit to the State, in a 
        manner prescribed by the State, and make public, a 
        Local Educational Agency Report on program performance 
        and results under such subgrant. Such Local Educational 
        Agency Report shall provide the information required 
        under subsection (b).
          (3) FERPA compliance.--Each State and local 
        educational agency that submits a report in compliance 
        with this subsection shall collect, report, and 
        disseminate information contained in such report in 
        compliance with section 444 of the General Education 
        Provisions Act (20 U.S.C. 1232g, commonly known as the 
        ``Family Educational Rights and Privacy Act of 1974'').
          (4) Teacher and principal privacy.--No State or local 
        educational agency shall publicly report information in 
        compliance with this subsection in a case in which the 
        results would reveal personally identifiable 
        information about an individual teacher or principal.
  (b) Information.--Each State Report and Local Educational 
Agency Report shall contain, as appropriate--
          (1) the number of teachers in the State and local 
        educational agency teaching under a provisional license 
        due to not having passed all required State licensure 
        tests for 1, 2, and 3 or more school years; and
          (2) data, by teacher preparation program within the 
        State, on the student achievement data of students 
        taught by such program's graduates.

             Subpart 5--Principal Recruitment and Training

SEC. 2151. PRINCIPAL RECRUITMENT AND TRAINING GRANT PROGRAM.

  (a) Definitions.--In this section:
          (1) Current principal.--The term ``current 
        principal'' means an individual who, as of the date of 
        the determination of participation in a program under 
        this section, is employed as a principal or has been 
        employed as a principal.
          (2) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a local educational agency that serves an 
                eligible school or a consortium of such 
                agencies;
                  (B) a State educational agency or a 
                consortium of such agencies;
                  (C) a State educational agency in partnership 
                with 1 or more local educational agencies that 
                serve an eligible school;
                  (D) an entity described in subparagraphs (A), 
                (B), or (C) in partnership with 1 or more 
                nonprofit organizations or institutions of 
                higher education; or
                  (E) an institution of higher education or a 
                nonprofit organization, if the institution or 
                nonprofit organization can demonstrate a record 
                of--
                          (i) preparing principals who have 
                        been able to improve student 
                        achievement substantially; and
                          (ii) placing a significant percentage 
                        of such principals in eligible schools.
          (3) Eligible school.--The term ``eligible school'' 
        means a public school, including a public charter 
        school, that meets 1 or more of the following criteria:
                  (A) Is a high-need school.
                  (B) Is a persistently low-achieving school, 
                as described in section 1116.
                  (C) Is an achievement gap school, as 
                described in section 1116.
                  (D) In the case of a public school containing 
                middle grades, feeds into a public high school 
                that has less than a 60 percent graduation 
                rate.
                  (E) Is a rural school served by a local 
                educational agency that is eligible to receive 
                assistance under part B of title VI.
          (4) Middle grade.--The term ``middle grade'' means 
        any of grades 5 through 8.
          (5) School-level student outcomes.--The term 
        ``school-level student outcomes'' means, at the whole 
        school level and for each subgroup of students 
        described in section 1111(a)(2)(B)(ix) served by the 
        school--
                  (A) student academic achievement and student 
                growth; and
                  (B) additional outcomes, including, at the 
                high school level, graduation rates and the 
                percentage of students taking college-level 
                coursework.
  (b) Program Authorized.--
          (1) Principal recruitment and training grant 
        program.--The Secretary shall award grants to eligible 
        entities to enable such entities to recruit, prepare, 
        place, and support principals in eligible schools.
          (2) Duration.--
                  (A) In general.--
                          (i) Not more than 5 year duration.--A 
                        grant awarded under this section shall 
                        be not more than 5 years in duration.
                          (ii) Renewal.--The Secretary may--
                                  (I) renew a grant awarded 
                                under this section based on 
                                performance; and
                                  (II) in renewing a grant 
                                under subclause (I), award the 
                                grantee increased funding to 
                                scale up or replicate the 
                                grantee's program.
                  (B) Performance.--In evaluating performance 
                for purposes of subparagraph (A)(ii)(I)--
                          (i) the Secretary's primary 
                        consideration shall be the extent to 
                        which the principals recruited, 
                        prepared, placed, or supported by the 
                        grantee have improved school-level 
                        student outcomes in eligible schools; 
                        and
                          (ii) the Secretary shall also 
                        consider the percentage of program 
                        graduates--
                                  (I) who become principals in 
                                eligible schools;
                                  (II) who remain principals in 
                                eligible schools for multiple 
                                years; and
                                  (III) who are highly rated 
                                principals under a teacher and 
                                principal evaluation system 
                                described in section 
                                2301(b)(4), if applicable.
  (c) Application and Selection Criteria.--
          (1) Application.--An eligible entity that desires a 
        grant under this section shall submit to the Secretary 
        an application at such time, in such manner, and 
        accompanied by such information as the Secretary may 
        require.
          (2) Selection criteria.--In awarding grants under 
        this section, the Secretary shall consider--
                  (A) the extent to which the entity has the 
                capacity to implement the activities described 
                in subsection (e) that the entity proposes to 
                implement;
                  (B) the extent to which the entity has a 
                demonstrated record of effectiveness or an 
                evidenced-based plan for preparing principals 
                to improve school-level student outcomes in 
                eligible schools;
                  (C) the extent to which the entity has a 
                demonstrated record of effectiveness or an 
                evidence-based plan for providing principals 
                trained by the entity with the guidance, 
                support, and tools they need to improve school-
                level student outcomes in eligible schools, 
                including providing principals with resources, 
                such as funding to ensure supports for quality 
                teaching, and decisionmaking authority over 
                areas such as personnel, budget, curriculum, or 
                scheduling; and
                  (D) the likelihood of the entity sustaining 
                the project with funds other than funds 
                provided under this section, which other funds 
                may include funds provided under this title 
                other than this section, once the grant is no 
                longer available to the entity.
  (d) Awarding Grants.--
          (1) Priority.--In awarding grants under this section, 
        the Secretary shall give priority to an eligible entity 
        with a record of preparing or developing principals 
        who--
                  (A) have improved school-level student 
                outcomes;
                  (B) have become principals in eligible 
                schools;
                  (C) remain principals in eligible schools for 
                multiple years; and
                  (D) are highly rated principals under a 
                teacher and principal evaluation system 
                described in section 2301(b)(4), if applicable.
          (2) Grants for rural schools and lowest performing 
        schools.--In awarding grants under this section, the 
        Secretary shall, consistent with the quality of 
        applications--
                  (A) award not less than 1 grant to an 
                eligible entity that intends to establish a 
                program that focuses on training or supporting 
                principals and other school leaders for rural 
                schools; and
                  (B) award not less than 1 grant to an 
                eligible entity that intends to establish a 
                program to train and support principals and 
                other school leaders to lead reform efforts in 
                persistently low-achieving schools in a State 
                or more than 1 State, as determined under 
                section 1116.
          (3) Reform efforts.--An eligible entity that receives 
        a grant under this section to carry out a program 
        described in paragraph (2)(B)--
                  (A) during the first year of the grant, shall 
                use grant funds--
                          (i) to bring together experts and 
                        stakeholders who are committed to 
                        dramatic and effective reform of 
                        persistently low-achieving schools who 
                        can provide input about what the 
                        evidence base shows regarding effective 
                        school leadership in such schools;
                          (ii) to collect and develop, in 
                        consultation with experts and 
                        stakeholders, a core body of knowledge 
                        regarding effective school reform 
                        leadership in persistently low-
                        achieving schools, which is evidence 
                        based; and
                          (iii) to develop, drawing on the core 
                        body of knowledge developed in clause 
                        (ii), a leadership training program for 
                        principals, mentors, and other school 
                        leaders, to prepare and support the 
                        principals, mentors, and leaders to 
                        lead effective school reform efforts in 
                        persistently low-achieving schools; and
                  (B) during each year of the grant after the 
                first year, shall use grant funds--
                          (i) to carry out the leadership 
                        training program described in 
                        subparagraph (A)(iii);
                          (ii) to ensure that the leadership 
                        training program described in 
                        subparagraph (A)(iii) is informed, on 
                        an ongoing basis, by consultation with 
                        experts and stakeholders, and by the 
                        program's tracking of the performance 
                        of its graduates in leading school 
                        reform efforts in persistently low-
                        achieving schools;
                          (iii) to select cohorts of 
                        experienced principals to lead school 
                        reform efforts in persistently low-
                        achieving schools;
                          (iv) to provide support for, and 
                        encourage interaction among, cohorts of 
                        principals after completion of the 
                        leadership training program described 
                        in subparagraph (A)(iii); and
                          (v) to disseminate information to 
                        principals, mentors, and other school 
                        leaders engaging in reform efforts in 
                        persistently low-achieving schools.
  (e) Activities.--Each eligible entity that receives a grant 
under this section shall use grant funds to carry out the 
following:
          (1) To recruit and select, using rigorous, 
        competency-based, selection criteria, and train and 
        support a diverse group of aspiring or current 
        principals, or both, for work in eligible schools.
          (2) Tracking participants to determine if such 
        individuals are attaining, or have attained, the 
        competencies needed to complete the training and enter 
        into an effective leadership role, and provide 
        counseling and, if appropriate, separation, to 
        participants who the entity determines will not attain, 
        or have not attained, those competencies.
          (3) If the eligible entity provides a program for 
        aspiring principals, providing such aspiring principals 
        with--
                  (A) a pre-service residency that is not less 
                than 1 year in length, and that includes 
                coaching from a mentor principal, and 
                instructional leadership and organizational 
                management experience;
                  (B) focused coursework on instructional 
                leadership, organizational management, and the 
                use of a variety of data for purposes of--
                          (i) instruction;
                          (ii) evaluation and development of 
                        teachers; and
                          (iii) development of highly effective 
                        school organizations; and
                  (C) ongoing support, mentoring, and 
                professional development for not less than 2 
                years after the aspiring principals complete 
                the residency and commence work as school 
                leaders.
          (4) To train mentors for principals who are serving 
        or who wish to serve in eligible schools or for 
        aspiring principals who wish to serve in such eligible 
        schools, or for both.
          (5) Providing differentiated training to participants 
        in competencies that evidence shows are critical to 
        improving school-level student outcomes in eligible 
        schools, such as--
                  (A) recruiting, training, supervising, 
                supporting, and evaluating teachers and other 
                staff;
                  (B) developing teams of effective school 
                staff, and distributing among members of such 
                teams responsibilities for leading and 
                improving their schools;
                  (C) where applicable for participants serving 
                elementary schools, offering high-quality early 
                childhood education to the students such 
                participants are serving and facilitating the 
                transition of children from early learning 
                settings to elementary school;
                  (D) setting high expectations for student 
                achievement;
                  (E) addressing the unique needs of specific 
                student populations served, such as students 
                with disabilities, students who are English 
                learners, and students who are homeless or in 
                foster care;
                  (F) managing budget resources and school time 
                to support high-quality instruction and 
                improvements in student achievement, such as by 
                extending the school day and year and providing 
                common planning time to teachers and staff; and
                  (G) working effectively with students' 
                parents and other members of the community.
          (6) Delivering high-quality, differentiated, school-
        level support services and training to current 
        principals of eligible schools, if the eligible entity 
        provides a program for current principals, or during 
        the period described in paragraph (3)(C) to individuals 
        who have completed the aspiring principal residency, if 
        the eligible entity provides a program for aspiring 
        principals, to help meet the specific needs of the 
        eligible schools they serve, which may include--
                  (A) training and support for the design of 
                school-wide improvement plans based on the 
                diagnosis of school conditions and needs 
                informed by data and analysis of classroom and 
                school practices; and
                  (B) support in organizing and training the 
                teams described in paragraph (5)(B).
          (7) Making available any training materials funded 
        under the grant, such as syllabi, assignments, or 
        selection rubrics, to the Department for public 
        dissemination.
          (8) Tracking the effectiveness of the program based 
        on, at a minimum--
                  (A) school-level student outcomes at the 
                schools where program graduates have served as 
                principals;
                  (B) the percentage of program graduates who 
                become principals in eligible schools;
                  (C) the percentage of program graduates who 
                remain principals in eligible schools for 
                multiple years; and
                  (D) the percentage of program graduates who 
                are highly rated under a teacher and principal 
                evaluation system described in section 
                2301(b)(4), if applicable.
          (9) Using the data on the effectiveness of the 
        program for, among other purposes, the continuous 
        improvement of the program.
  (f) Annual Report.--An eligible entity that receives a grant 
under this section shall submit an annual report, beginning in 
the third year of the grant, to the Secretary regarding--
          (1) school-level student outcomes resulting from 
        implementation of the grant activities; and
          (2) data on--
                  (A) the percentage of program graduates who 
                become principals in eligible schools;
                  (B) the percentage of graduates who remain 
                principals in eligible schools for multiple 
                years; and
                  (C) the percentage of program graduates who 
                are highly rated under a teacher and principal 
                evaluation system described in section 
                2301(b)(4), if applicable.
  (g) Matching Requirement.--
          (1) Matching requirement.--
                  (A) In general.--An eligible entity that 
                receives a grant under this section shall 
                contribute annually to the activities assisted 
                under such grant matching funds in an amount 
                equal to not less than 20 percent of the amount 
                of the grant from non-Federal sources.
                  (B) Matching funds.--The matching funds 
                requirement under subparagraph (A) may be met 
                by--
                          (i) contributions that are in cash or 
                        in-kind, fairly evaluated; and
                          (ii) payments of a salary or stipend 
                        to an aspiring principal during the 
                        aspiring principal's residency year.
          (2) Waiver.--The Secretary may waive or reduce the 
        matching requirement under paragraph (1) if the 
        eligible entity demonstrates a need for such waiver or 
        reduction due to financial hardship.
  (h) Supplement, Not Supplant.--Grant funds provided under 
this section shall be used to supplement, and not supplant, any 
other Federal, State, or local funds otherwise available to 
carry out the activities described in this section.
  (i) Evaluation and Dissemination of Best Practices.--In 
accordance with section 9601, the Secretary shall--
          (1) carry out an evaluation of programs funded under 
        this section; and
          (2) identify and disseminate research and best 
        practices related to such programs.
  (j) Report to Congress.--Not later than 5 years after the 
date of enactment of the Elementary and Secondary Education 
Reauthorization Act of 2011, the Secretary shall submit a 
report to the Committee on Health, Education, Labor, and 
Pensions of the Senate, the Committee on Appropriations of the 
Senate, the Committee on Education and the Workforce of the 
House of Representatives, and the Committee on Appropriations 
of the House of Representatives on lessons learned through 
programs funded with grants awarded under this section.

               PART B--TEACHER PATHWAYS TO THE CLASSROOM

SEC. 2201. TEACHER PATHWAYS.

  (a) Purpose.--It is the purpose of this section to support 
the recruitment, selection, preparation, placement, retention, 
and support of teachers in high-need subjects or fields who 
will improve student academic achievement and student outcomes 
at high-needs schools.
  (b) Definitions.--In this section:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a partnership of--
                          (i) 1 or more institutions of higher 
                        education or nonprofit organizations; 
                        and
                          (ii) a high-need local educational 
                        agency and 1 or more other local 
                        educational agencies or State 
                        educational agencies; or
                  (B) an institution of higher education or a 
                nonprofit organization that can demonstrate a 
                record of--
                          (i) preparing teachers who are 
                        successful in improving student 
                        achievement; and
                          (ii) placing a significant percentage 
                        of those teachers in high-need schools.
          (2) Teacher in a high-need subject or field.--The 
        term ``teacher in a high-need subject or field'' means 
        a teacher of--
                  (A) students with disabilities;
                  (B) English learners;
                  (C) mathematics; or
                  (D) science.
  (c) Authorization of Grant Awards.--The Secretary shall award 
grants to eligible entities to pay for the Federal share of the 
cost of carrying out the activities described in this section.
  (d) Applications.--An eligible entity that desires to receive 
a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may require.
  (e) Considerations.--In awarding grants under this section, 
the Secretary shall consider the geographic diversity of the 
eligible entities, including the distribution of grants among 
urban, suburban, and rural areas.
  (f) Priority.--In awarding grants under this section, the 
Secretary shall give priority to applicants that demonstrate a 
record of--
          (1) recruiting college undergraduates, recent college 
        graduates, graduate students, and professionals with a 
        demonstrated history of significant academic 
        achievement to become teachers;
          (2) recruiting and selecting candidates who are 
        members of groups underrepresented in the teaching 
        profession; and
          (3) preparing teachers who consistently improve 
        student academic achievement at high-need schools.
  (g) Required Use of Funds.--An eligible entity that receives 
a grant under this section shall use the grant funds for the 
following:
          (1) To recruit, select, prepare, place, retain, and 
        support teachers for high-need schools and teachers in 
        high-need subjects or fields.
          (2) To prepare all teachers to teach students with 
        disabilities and English language learners.
          (3) To prepare teachers in classroom management, 
        instructional planning and delivery, learning theory 
        and cognitive development, literacy development, and 
        student assessment.
          (4) To provide school-based, clinical experience at a 
        high-need school that includes observation of and 
        feedback on teacher candidates' teaching.
          (5) To provide ongoing mentoring and support, which 
        may include coursework, for participants for at least 1 
        school year.
  (h) Permissible Use of Grant Funds.--An eligible entity that 
receives a grant under this section may use the grant funds to 
provide financial stipends for teacher candidates who are not 
the teacher of record.
  (i) Performance and Grant Renewal.--
          (1) Tracking performance.--An eligible entity that 
        receives a grant under this section shall--
                  (A) track the placement rate, retention rate, 
                and performance in improving student academic 
                achievement of teachers recruited and prepared 
                by programs funded by the grant; and
                  (B) submit data on such performance to the 
                Secretary.
          (2) Conditions for grant renewal.--The Secretary 
        shall evaluate the information submitted under 
        paragraph (1) and renew a grant awarded under this 
        section only if the data indicate the teachers are 
        successful in improving student academic achievement.
  (j) Fiscal Agent.--The fiscal agent for an eligible entity 
that receives a grant under this section may be a local 
educational agency, State educational agency, institution of 
higher education, or nonprofit organization that is a partner 
in the eligible entity.
  (k) Matching Requirements.--
          (1) Federal share.--Except as provided in paragraph 
        (2)(B), the Federal share for this section shall be a 
        percentage of the cost of the activities assisted under 
        the grant as determined by the Secretary.
          (2) Non-federal share.--
                  (A) In general.--The non-Federal share 
                provided by an eligible entity receiving a 
                grant under this section shall be a percentage 
                of the cost of the activities assisted under 
                the grant as determined by the Secretary. The 
                non-Federal share may include in-kind 
                contributions.
                  (B) Special rule.--The Secretary may waive or 
                reduce the amount of the non-Federal share 
                described in subparagraph (A) for any fiscal 
                year if the eligible entity demonstrates to the 
                Secretary that the funds needed to carry out 
                that subparagraph are unavailable due to 
                economic hardship, as determined by the 
                Secretary.
  (l) Evaluation.--The Director of the Institute of Education 
Sciences shall--
          (1) evaluate the implementation and impact of the 
        program under this section;
          (2) identify best practices for recruiting, 
        selecting, preparing, placing, retaining, and 
        supporting teachers in high-need subjects or fields for 
        high-need schools; and
          (3) disseminate research on best practices.

                 PART C--TEACHER INCENTIVE FUND PROGRAM

SEC. 2301. PURPOSES; DEFINITIONS.

  (a) Purposes.--The purposes of this part are to assist 
States, local educational agencies, and nonprofit organizations 
to develop, implement, improve, or expand--
          (1) comprehensive performance-based compensation 
        systems for teachers, principals, and schools that 
        raise student academic achievement and close the 
        achievement gap, especially for teachers and principals 
        in high-need schools; and
          (2) rigorous, transparent, and fair teacher and 
        principal evaluation systems.
  (b) Definitions.--Except as otherwise provided, in this part:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a local educational agency or a 
                consortium of local educational agencies, 
                including a charter school that is a local 
                educational agency;
                  (B) a State educational agency, or other 
                State agency designated by the chief executive 
                of a State to participate under this subpart; 
                or
                  (C) a nonprofit or for-profit organization, 
                which may include an institution of higher 
                education, in partnership with an entity 
                described in subparagraph (A) or (B).
          (2) Performance-based compensation system.--The term 
        ``performance-based compensation system'' means a 
        system of compensation for teachers and principals 
        that--
                  (A) differentiates levels of compensation 
                primarily on the basis of measurable increases 
                in student academic achievement; and
                  (B) may include--
                          (i) differentiated levels of 
                        compensation on the basis of effective 
                        teachers' and principals' employment 
                        and success in hard-to-staff schools or 
                        high-need subject areas; and
                          (ii) recognition of the skills and 
                        knowledge of teachers and principals, 
                        as demonstrated through--
                                  (I) successful fulfillment of 
                                additional responsibilities or 
                                job functions; and
                                  (II) evidence of high 
                                achievement and mastery of 
                                content knowledge and superior 
                                teaching skills.
          (3) Student academic achievement.--In this 
        subsection, the term ``student academic achievement'' 
        means--
                  (A) for grades and subjects for which there 
                are assessments, as described in section 
                1111(a)(2), a student's results from the 
                State's assessments under such section or other 
                statewide assessments; and
                  (B) other measures of a student's learning 
                and performance, such as end-of-course tests, 
                and other measures that are rigorous and 
                comparable across schools in a school district 
                and that are aligned with the State academic 
                content standards and student academic 
                achievement standards under section 1111(a)(1).
          (4) Teacher and principal evaluation system.--The 
        term ``teacher and principal evaluation system'' means 
        a system for evaluating the performance of teachers and 
        principals that--
                  (A) provides meaningful feedback to teachers 
                and principals on the results of their 
                evaluation;
                  (B) establishes multiple categories of 
                teacher and principal performance;
                  (C) evaluates teachers and principals 
                regularly consistent with research and best 
                practice, including multiple measures;
                  (D) is used to inform decisions about 
                professional development;
                  (E) is developed and implemented with teacher 
                and principal involvement;
                  (F) is regularly reviewed to ensure that the 
                evaluation provides meaningful differentiation 
                and is aligned with student academic 
                achievement results;
                  (G) provides training for the evaluators who 
                are responsible for conducting classroom 
                observations;
                  (H) for teachers--
                          (i) shall be based in significant 
                        part on evidence of improved student 
                        academic achievement;
                          (ii) shall include observations of 
                        classroom teaching; and
                          (iii) may include other measures of 
                        student academic achievement and 
                        teacher performance; and
                  (I) for principals--
                          (i) shall be based in significant 
                        part on evidence of improved student 
                        academic achievement and student 
                        outcomes;
                          (ii) shall be based on evidence of 
                        providing strong instructional 
                        leadership and support to teachers and 
                        other staff; and
                          (iii) may include other measures of 
                        principal performance such as parent 
                        and family engagement.

SEC. 2302. TEACHER INCENTIVE FUND GRANTS.

  (a) In General.--From the amounts appropriated to carry out 
this part, the Secretary is authorized to award grants, on a 
competitive basis, to eligible entities to enable the eligible 
entities to develop, implement, improve, or expand performance-
based compensation systems and teacher and principal evaluation 
systems in a school served by a project under this part.
  (b) Priority.--In awarding a grant under this part, the 
Secretary shall give priority to an eligible entity that 
concentrates the proposed activities with respect to teachers 
and principals serving in high-need schools.
  (c) Applications.--To be eligible to receive a grant under 
this part, an eligible entity shall submit an application to 
the Secretary, at such time and in such manner as the Secretary 
may reasonably require. The application shall include, as 
applicable--
          (1) a description of the performance-based 
        compensation system and teacher and principal 
        evaluation system that the eligible entity proposes to 
        develop, implement, improve, or expand;
          (2) a description and evidence of the support and 
        commitment, from teachers and principals in the school 
        to be served by the project, the community, including 
        community-based organizations, and the local 
        educational agencies, for the performance-based 
        compensation system and teacher and principal 
        evaluation system, including a demonstration of 
        consultation with teachers and principals in the design 
        and development of the proposal;
          (3) a description of how the eligible entity will 
        develop and implement a fair, rigorous, and objective 
        process to evaluate teacher, principal, and student 
        performance under the project, including the baseline 
        performance against which evaluations of improved 
        performance will be made;
          (4) a description of the local educational agency or 
        school to be served by the project, including such 
        student academic achievement, demographic, and 
        socioeconomic information as the Secretary may request;
          (5) a description of the quality of teachers and 
        principals in the local educational agency and the 
        schools to be served by the project and how the project 
        will increase the quality of teachers and principals in 
        a high-need school;
          (6) a description of how the eligible entity will use 
        grant funds under this part in each year of the grant;
          (7) a description of how the eligible entity will 
        continue funding and carrying out the performance-based 
        compensation system and teacher and principal 
        evaluation system after the grant period ends;
          (8) a description of the State, local, or other 
        public or private funds that will be used to supplement 
        the grant and sustain the activities assisted under the 
        grant at the end of the grant period; and
          (9) a description of the rationale and evidence for 
        the proposed activities and of any prior experience of 
        the eligible entity in developing and implementing such 
        activities.
  (d) Use of Funds.--
          (1) In general.--An eligible entity that receives a 
        grant under this part shall use grant funds to carry 
        out, in collaboration with teachers, principals, other 
        school administrators, and members of the public, 
        activities authorized under paragraph (2) that are 
        designed to develop, implement, improve, or expand, 
        consistent with this part--
                  (A) a performance-based compensation system; 
                and
                  (B) a teacher and principal evaluation 
                system.
          (2) Authorized activities.--An eligible entity 
        receiving a grant under this part shall use grant funds 
        for the following activities:
                  (A) Developing or improving teacher and 
                principal evaluation systems that reflect clear 
                and fair measures of teacher and principal 
                performance.
                  (B) Paying, as part of a comprehensive 
                performance-based compensation system, bonuses, 
                and increased salaries, if the eligible entity 
                uses an increasing share of non-Federal funds 
                to pay the bonuses and increased salaries each 
                year of the grant, to teachers and principals 
                who--
                          (i) have demonstrated effectiveness 
                        in raising student academic 
                        achievement;
                          (ii) work in high-need schools; or
                          (iii) work in a high-need subject, 
                        field, or geographic area.
                  (C) Conducting outreach within a local 
                educational agency or a State to gain input on 
                how to construct the teacher and principal 
                evaluation system and to develop support for 
                such system.
  (e) Duration of Grants.--
          (1) In general.--The Secretary may award a grant 
        under this part for a period of not more than 5 years.
          (2) Limitation.--A local educational agency may 
        receive (whether individually or as part of a 
        consortium or partnership) a grant under this part only 
        once.
  (f) Equitable Distribution.--To the extent practicable, the 
Secretary shall ensure an equitable geographic distribution of 
grants under this part, including the distribution between 
rural and urban areas.
  (g) Matching Requirement.--
          (1) In general.--Except as provided in paragraph (2), 
        each eligible entity that receives a grant under this 
        part shall provide, over the course of the grant 
        period, an increasing share of matching funds (which 
        may be provided in cash or in kind) to carry out 
        activities supported by the grant.
          (2) Waiver.--The Secretary may waive the matching 
        requirement under paragraph (1) for an eligible 
        entity--
                  (A) that consists of a high-need local 
                educational agency; or
                  (B) that is located in a rural area.
  (h) Supplement, Not Supplant.--Grant funds provided under 
this part shall be used to supplement, not supplant, other 
Federal, State, or local funds available to carry out the 
activities described in this part.

         PART D--ACHIEVEMENT THROUGH TECHNOLOGY AND INNOVATION

SEC. 2401. SHORT TITLE.

  This part may be cited as the ``Achievement Through 
Technology and Innovation Act of 2011'' or the ``ATTAIN Act''.

SEC. 2402. PURPOSES AND GOALS.

  The purposes and goals of this part are--
          (1) to ensure that through effective and innovative 
        uses of technology that every student has access to 
        personalized, rigorous, and relevant learning to meet 
        the goals of this Act to raise student achievement, 
        close the achievement gap, and ensure highly effective 
        teaching, and to prepare all students to be technology 
        literate and on track to college and career readiness 
        for the 21st century digital economy;
          (2) to evaluate, build upon, and increase the use of 
        evidence-based and innovative systemic education 
        transformations that center on the use of technology 
        that leads to school improvement, improved 
        productivity, and increased student achievement;
          (3) to ensure that all educators are connected in an 
        ongoing manner to technology-based and online resources 
        and supports, including through enhanced ongoing, 
        meaningful professional development to ensure that--
                  (A) all educators are technology literate and 
                effectively use technology to improve 
                instruction; and
                  (B) education administrators possess the 
                capacity to--
                          (i) provide leadership in the use of 
                        technology for systemic education 
                        transformation; and
                          (ii) improve educational 
                        productivity;
          (4) to improve student engagement, opportunity, 
        attendance, graduation rates, and technology access 
        through enhanced or redesigned curriculum or 
        instruction;
          (5) to more effectively collect and use student 
        performance and other data in a timely manner to inform 
        instruction, address individualized student needs, 
        support school decisionmaking, and support school 
        improvement and increased student achievement, 
        including through delivery of computer-based and online 
        assessments;
          (6) to enhance the use of technology, online and 
        blended learning for systemic education transformation, 
        including curricula redesign and new instructional 
        strategies to personalize learning; and
          (7) to increase education productivity and reduce 
        costs through the use of technology, blended learning 
        and online learning, including for the delivery of 
        online assessments.

SEC. 2403. DEFINITIONS.

  In this part:
          (1) Blended learning.--The term ``blended learning'' 
        means the combination of online learning and 
        traditional in-person classroom instruction, or 
        technology-based learning, in a supervised classroom 
        setting.
          (2) Educational productivity.--The term ``educational 
        productivity'' means student educational opportunities 
        and outcomes or relative costs and expenditures of 
        education.
          (3) Local educational agency.--The term ``local 
        educational agency'' includes a consortium of local 
        educational agencies.
          (4) Student technology literacy.--The term ``student 
        technology literacy'' means student knowledge and 
        skills in using contemporary information, 
        communication, and learning technologies in a manner 
        necessary for successful employment, life-long 
        learning, and citizenship in the knowledge-based, 
        digital, and global 21st century, as further defined by 
        the State educational agency, which includes, at a 
        minimum, the ability--
                  (A) to effectively communicate and 
                collaborate;
                  (B) to analyze and solve problems;
                  (C) to access, evaluate, manage, and create 
                information and otherwise gain information 
                literacy;
                  (D) to demonstrate creative thinking, 
                construct knowledge, and develop innovative 
                products and processes; and
                  (E) to do so in a safe and ethical manner.
          (5) Systemic education transformation.--The term 
        ``systemic education transformation'' means the 
        redesign of educational policies, practices, and 
        resources through technology and blended learning to 
        improve student engagement and educational 
        opportunities, personalize learning, and improve 
        educational productivity, including the redesign of 
        curriculum, instruction, data systems, assessment, 
        teacher evaluation, and the use of instructional time 
        and location.

SEC. 2404. ALLOCATION OF FUNDS; LIMITATION; TRIGGER.

  (a) Allocation of Funds Between State and Local 
Initiatives.--The funds made available to carry out this part 
shall be available to carry out subparts 1 and 2, as described 
in subsection (c).
  (b) Limitation.--
          (1) Local administrative costs.--Of the funds made 
        available to a local educational agency under this part 
        for a fiscal year, not more than 3 percent may be used 
        by the local educational agency for administrative 
        costs.
          (2) State administrative costs.--Of the funds made 
        available to a State educational agency under section 
        2412(a)(1)(A), not more than 60 percent may be used by 
        the State educational agency for administrative costs.
  (c) Trigger.--For fiscal years--
          (1) for which the amount appropriated to carry out 
        this part is less than $300,000,000, all funds 
        available to carry out this part shall be available to 
        carry out subpart 2; and
          (2) for which the amount appropriated to carry out 
        this part equals or is more than $300,000,000, all 
        funds available to carry out this part shall be 
        available to carry out subpart 1.

                   Subpart 1--State and Local Grants

SEC. 2411. ALLOTMENT AND REALLOTMENT.

  (a) Reservations and Allotment.--From the amount made 
available to carry out this subpart under section 2404(c)(2) 
for a fiscal year--
          (1) the Secretary shall reserve--
                  (A) three-quarters of 1 percent for the 
                Secretary of the Interior for programs under 
                this subpart for schools operated or funded by 
                the Bureau of Indian Education; and
                  (B) one-half of 1 percent to provide 
                assistance under this subpart to the outlying 
                areas; and
          (2) subject to subsection (b), the Secretary shall 
        use the remainder to award grants by allotting to each 
        State educational agency an amount that bears the same 
        relationship to such remainder for such year as the 
        amount received under part A of title I for such year 
        by such State educational agency bears to the amount 
        received under such part for such year by all State 
        educational agencies.
  (b) Minimum Allotment.--The amount of any State educational 
agency's allotment under subsection (a)(2) for any fiscal year 
shall not be less than one-half of 1 percent of the amount made 
available for allotments to State educational agencies under 
this subpart for such year.
  (c) Reallotment of Unused Funds.--The Secretary shall reallot 
any unused amount of a State educational agency's allotment to 
the remaining State educational agencies that use their entire 
allotments under this subpart in accordance with this section.

SEC. 2412. USE OF ALLOTMENT BY STATE.

  (a) In General.--
          (1) In general.--Of the amount provided to a State 
        educational agency under section 2411(a)(2) for a 
        fiscal year--
                  (A) the State educational agency may use not 
                more than 5 percent of such amount or $100,000, 
                whichever amount is greater, to carry out 
                activities under section 2414; and
                  (B) the State educational agency shall 
                distribute the remainder in accordance with 
                paragraphs (2) and (3).
          (2) Distribution of remainder.--The State educational 
        agency shall--
                  (A)(i) use 60 percent of the remainder to 
                award Improving Teaching and Learning through 
                Technology subgrants to local educational 
                agencies having applications approved under 
                section 2415(c) for the activities described in 
                section 2416(b); and
                  (ii) allot to each such local educational 
                agency an amount that bears the same 
                relationship to 60 percent of the remainder for 
                such year as the amount received under part A 
                of title I for such year by such local 
                educational agency bears to the amount received 
                under such part for such year by all local 
                educational agencies within the State, subject 
                to subsection (b)(2); and
                  (B) use 40 percent of the remainder to award 
                Systemic Education Transformation through 
                Technology Integration subgrants, through a 
                State-determined competitive process, to local 
                educational agencies having applications 
                approved under section 2415(b) for the 
                activities described in section 2416(a).
          (3) Option in years with insufficient amounts 
        appropriated.--If the amount provided to a State 
        educational agency under section 2411(a)(2) for a 
        fiscal year is not large enough to provide every local 
        educational agency with a minimum subgrant under 
        subsection (b)(2), the State educational agency may 
        distribute 100 percent of the remainder described in 
        paragraph (1)(B) as either formula grants under 
        paragraph (2)(A) or competitive grants under paragraph 
        (2)(B).
  (b) Sufficient Amounts.--
          (1) Special rule.--In awarding subgrants under 
        subsection (a)(2)(B), the State educational agency 
        shall--
                  (A) ensure the subgrants are of sufficient 
                size and scope to be effective, consistent with 
                the purposes of this part;
                  (B) ensure subgrants are of sufficient 
                duration to be effective, consistent with the 
                purposes of this part, including by awarding 
                subgrants for a period of not less than 2 years 
                that may be renewed for not more than an 
                additional 1 year;
                  (C) give preference in the awarding of 
                subgrants, and the providing of all technical 
                assistance, to local educational agencies that 
                serve schools in need of improvement, as 
                identified under section 1116, including those 
                schools with high populations of--
                          (i) English learners;
                          (ii) students with disabilities; or
                          (iii) other subgroups of students who 
                        have not met the State's student 
                        academic achievement standards; and
                  (D) ensure an equitable distribution among 
                urban and rural areas of the State, according 
                to the demonstrated need for assistance under 
                this subpart of the local educational agencies 
                serving the areas.
          (2) Minimum formula-based subgrant.--The amount of 
        any local educational agency's subgrant under 
        subsection (a)(2)(A) for any fiscal year shall be not 
        less than $3,000.
  (c) Reallotment of Unused Funds.--If any local educational 
agency does not apply for a subgrant under subsection (a) for a 
fiscal year, or does not use the local educational agency's 
entire allotment under this subpart for such fiscal year, the 
State shall reallot any unused funds to the remaining local 
educational agencies.

SEC. 2413. STATE APPLICATIONS.

  (a) In General.--To be eligible to receive a grant under this 
subpart, a State educational agency shall submit to the 
Secretary, at such time and in such manner as the Secretary may 
specify, an application containing the contents described in 
subsection (b) and such other information as the Secretary may 
reasonably require.
  (b) Contents.--Each State educational agency application 
submitted under subsection (a) shall include each of the 
following:
          (1) A description of how the State educational agency 
        will support local educational agencies that receive 
        subgrants under this subpart in meeting the purposes 
        and goals of this part and the requirements of this 
        subpart, including through technical assistance in 
        using technology to redesign curriculum and 
        instruction, improve educational productivity, and 
        deliver computer-based and online assessment.
          (2) A description of the State educational agency's 
        long-term goals and strategies for improving student 
        academic achievement, including student technology 
        literacy, through the effective use of technology.
          (3) A description of the priority area upon which the 
        State educational agency will focus its assistance 
        under this subpart, which shall be identified from 
        among the core academic subjects, grade levels, and 
        student subgroup populations with the largest 
        achievement gaps in the State.
          (4) A description of how the State educational agency 
        will support local educational agencies to implement, 
        professional development programs pursuant to section 
        2416(b)(1)(A).
          (5) A description of how the State educational agency 
        will ensure that teachers, paraprofessionals, school 
        librarians, and administrators possess the knowledge 
        and skills to use technology--
                  (A) for curriculum redesign to change 
                teaching and learning and improve student 
                achievement;
                  (B) for assessment, data analysis, and to 
                personalize learning;
                  (C) to improve student technology literacy; 
                and
                  (D) for their own ongoing professional 
                development and for access to teaching 
                resources and tools.
          (6) A description of the process, activities, and 
        performance measures that the State educational agency 
        will use to evaluate the impact and effectiveness of 
        activities described in section 2414.
          (7) Identification of the State college and career 
        ready academic content standards and college and career 
        ready student academic achievement standards that the 
        State educational agency will use to ensure that each 
        student is technologically literate consistent with the 
        definition of student technology literacy, and a 
        description of how the State educational agency will 
        assess student performance in gaining technology 
        literacy, only for the purpose of tracking progress 
        towards achieving the 8th grade technology literacy 
        goal and not for meeting adequate yearly progress 
        goals, including through embedding such assessment 
        items in other State tests or performance-based 
        assessments portfolios, or through other valid and 
        reliable means. Nothing in this subpart shall be 
        construed to require States to develop a separate test 
        to assess student technology literacy.
          (8) An assurance that financial assistance provided 
        under this subpart will supplement, and not supplant, 
        State and local funds.
          (9) A description of how the State educational agency 
        consulted with local educational agencies in the 
        development of the State application.

SEC. 2414. STATE ACTIVITIES.

  (a) Mandatory Activities.--From funds made available under 
section 2412(a)(1)(A), a State educational agency shall carry 
out each of the following activities:
          (1) Identify the State college and career ready 
        academic content standards and college and career ready 
        student academic achievement standards that the State 
        educational agency will use to ensure that each student 
        is technologically literate consistent with the 
        definition of student technology literacy.
          (2) Assess student performance in gaining technology 
        literacy consistent with paragraph (1), including 
        through embedding such assessment items in other State 
        tests, performance-based assessments, or portfolios, or 
        through other means, except that such assessments shall 
        be used only to track student technology literacy and 
        shall not be used to determine adequate yearly 
        progress, and widely disseminate such results.
          (3) Provide guidance, technical assistance, and other 
        assistance, including in the priority area identified 
        by the State pursuant to section 2413(b)(3), in using 
        technology to improve teaching and redesign curriculum 
        and instruction, improve educational productivity, and 
        deliver computer-based and online assessment, and in 
        submitting applications for funding under this part to 
        high-need local educational agencies--
                  (A) with the highest percentage or number 
                of--
                          (i) students not achieving at the 
                        State proficiency level; and
                          (ii) student populations described in 
                        section 2412(b)(1)(C); and
                  (B) serving schools identified as in need of 
                improvement under section 1116.
  (b) Permissive Activities.--From funds made available under 
section 2412(a)(1)(A), a State educational agency may carry out 
1 or more of the following activities that assist local 
educational agencies:
          (1) State leadership activities and technical 
        assistance that support achieving the purposes and 
        goals of this part.
          (2) Developing or utilizing research-based or 
        innovative strategies for the delivery of specialized 
        or rigorous academic courses and curricula through the 
        use of technology, including distance learning 
        technologies.
          (3) Providing, or supporting local educational 
        agencies in providing, sustained and intensive, high-
        quality professional development pursuant to section 
        2416(b)(1)(A).
          (4) Assessing student performance in gaining 
        technology literacy consistent with subsection (a)(2), 
        including through embedding such assessment items in 
        other State tests, performance-based assessments, or 
        portfolios, or through other means.

SEC. 2415. LOCAL APPLICATIONS.

  (a) In General.--Each local educational agency desiring a 
subgrant under this subpart shall submit to the State 
educational agency an application containing a new or updated 
local long-range strategic educational technology plan, and 
such other information as the State educational agency may 
reasonably require that shall include each of the following:
          (1) A description of how the local educational agency 
        will align and coordinate the local educational 
        agency's use of funds under this subpart with--
                  (A) the local educational agency's efforts to 
                boost student achievement and close achievement 
                gaps;
                  (B) the local educational agency's technology 
                plan;
                  (C) the local educational agency's plans and 
                activities for improving student achievement, 
                including plans and activities under sections 
                1111, 1112, 1116, and 2123, as applicable; and
                  (D) funds available from other Federal, 
                State, and local sources.
          (2) An assurance that financial assistance provided 
        under this subpart will supplement, and not supplant, 
        other funds available to carry out activities assisted 
        under this subpart.
          (3) A description of the process used to assess and, 
        as needed, update technologies throughout the local 
        educational agency.
          (4) Such other information as the State educational 
        agency may reasonably require.
  (b) Competitive Grants; Systemic Education Transformation 
Through Technology Integration.--In addition to the information 
described in subsection (a), a local educational agency 
submitting an application for a Systemic Education 
Transformation Through Technology Integration subgrant shall 
submit to the State educational agency an application 
containing each of the following:
          (1) A description of how the local educational agency 
        will use the subgrant funds to implement systemic 
        education transformation, which is a comprehensive set 
        of programs, practices, and technologies to improve 
        student achievement and close achievement gaps that--
                  (A) collectively lead to school or school 
                district change and improvement, including in 
                the use of technology; and
                  (B) incorporate all of the following 
                elements:
                          (i) Reform or redesign of curriculum, 
                        instruction, assessment, use of data, 
                        or other practices through the use of 
                        technology in order to increase student 
                        learning opportunity, and engagement in 
                        learning.
                          (ii) Improvement of educator quality, 
                        knowledge and skills, and effectiveness 
                        through ongoing, sustainable, timely, 
                        and contextual professional development 
                        described in section 2416(b)(1)(A).
                          (iii) Ongoing use of formative and 
                        other assessments and other timely data 
                        sources and data systems to more 
                        effectively identify individual student 
                        learning needs and personalize 
                        learning.
                          (iv) Engagement of school district 
                        leaders, school leaders, and classroom 
                        educators.
                          (v) Programs, practices, and 
                        technologies that are based on 
                        scientific research.
          (2) An assurance that the local educational agency 
        will use not less than 25 percent of the subgrant funds 
        to implement a program of professional development 
        described in section 2416(b)(1)(A).
          (3) A description of how the local educational agency 
        will evaluate the impact of 1 or more programs or 
        activities carried out under this subpart.
  (c) Formula Grants; Improving Teaching and Learning Through 
Technology.--In addition to the information described in 
subsection (a), a local educational agency submitting an 
application for an Improving Teaching and Learning Through 
Technology subgrant shall submit to the State educational 
agency an application containing each of the following:
          (1) An assurance that the local educational agency 
        will use not less than 40 percent of the subgrant funds 
        for ensuring educators, including teachers and 
        administrators, are technology literate, prepared to 
        use technology to improve the curriculum and 
        instruction, and are connected online to supports and 
        resources, including for--
                  (A) professional development described in 
                section 2416(b)(1)(A); and
                  (B) to provide educators with ongoing access 
                to technology tools, applications, supports and 
                other resources, including those related 
                specifically to such professional development 
                activities.
          (2) A description of the local educational agency's 
        program of professional development described in 
        section 2416(b)(1)(A).
          (3) A description of the use of technology tools, 
        applications, and other resources to improve student 
        learning and achievement in the area of priority 
        identified under paragraph (4).
          (4) A description of the priority area subgrant funds 
        will target, identified from among the core academic 
        subjects, grade levels, and student subgroup 
        populations in which the most number of students served 
        by the local educational agency are not proficient.
          (5) A description of how funds will be used to 
        integrate technology to redesign the curriculum or 
        instruction, implement computer-based and online 
        assessments, improve use of data to personalize 
        learning, or improve education productivity.
  (d) Combined Applications.--A local educational agency that 
submits an application under subsection (b), may, upon notice 
to the State educational agency, submit a single application 
that will also be considered as an application for subgrant 
funds awarded under subsection (c), if the application 
addresses each application requirement under subsections (a), 
(b), and (c).

SEC. 2416. LOCAL ACTIVITIES.

  (a) Competitive Grants; Systemic Education Transformation 
Through Technology Integration.--A local educational agency 
that receives funds through a subgrant under section 
2412(a)(2)(B), shall carry out activities to improve student 
learning, technology literacy, and achievement, as follows:
          (1) Use not less than 5 percent of such funds to 
        evaluate the impact of 1 or more programs or activities 
        carried out under the subgrant as identified in the 
        local educational agency's application and approved by 
        the State educational agency.
          (2) Use funds remaining after carrying out paragraph 
        (1) to implement a plan for systemic education 
        transformation in 1 or more schools, in accordance with 
        section 2415(b)(1), including each of the following:
                  (A) Using not less than 25 percent of 
                subgrant funds to ensure educators, including 
                teachers and administrators, are technology 
                literate, prepared to use technology to improve 
                the curriculum and instruction, and are 
                connected online to supports and resources, 
                including through the following:
                          (i) Professional development 
                        activities, as described in subsection 
                        (b)(1)(A).
                          (ii) The acquisition and 
                        implementation of technology tools, 
                        applications, and other resources to 
                        provide educators with ongoing access 
                        and support, including for use in the 
                        professional development activities 
                        described in clause (i).
                  (B) Acquiring and effectively implementing 
                technology tools, applications, and other 
                resources in conjunction with enhancing or 
                redesigning the curriculum or instruction in 
                order to--
                          (i) increase student learning 
                        opportunity or access, student 
                        engagement in learning, or student 
                        attendance or graduation rates;
                          (ii) improve student achievement in 1 
                        or more of the core academic subjects; 
                        and
                          (iii) improve student technology 
                        literacy.
                  (C) Acquiring and effectively implementing 
                technology tools, applications, and other 
                resources to--
                          (i) conduct ongoing formative and 
                        other assessments and use other timely 
                        data sources and data systems to more 
                        effectively identify and address 
                        individual student learning needs;
                          (ii) support personalized student 
                        learning, including through 
                        instructional software and digital 
                        content that supports the learning 
                        needs of each student, or through 
                        providing access to high-quality 
                        courses and instructors otherwise not 
                        available except through technology and 
                        online learning; and
                          (iii) conduct other activities 
                        consistent with research-based or 
                        innovative systemic education 
                        transformation, including activities 
                        that increase parental involvement.
  (b) Formula Grants; Improving Teaching and Learning Through 
Technology.--A local educational agency that receives funds 
through a subgrant under section 2412(a)(2)(A), shall carry out 
activities to improve student learning, technology literacy, 
and achievement in the area of priority identified under 
section 2415(c)(4), as follows:
          (1) Use not less than 40 percent of such funds for 
        professional development activities that are aligned 
        with activities supported under section 2123 to improve 
        educator effectiveness and quality through support for 
        the following:
                  (A) Training of school personnel, which--
                          (i) shall include the development, 
                        acquisition, or delivery of--
                                  (I) training that is ongoing, 
                                sustainable, timely, and 
                                directly related to up-to-date 
                                teaching content areas;
                                  (II) training in strategies 
                                and pedagogy in the core 
                                academic subjects that involve 
                                use of technology and 
                                curriculum redesign as key 
                                components of changing teaching 
                                and learning and improving 
                                student achievement and 
                                technology literacy;
                                  (III) training in the use of 
                                computer-based and online 
                                assessments, and in the use of 
                                student performance and other 
                                data to individualized 
                                instruction;
                                  (IV) training that includes 
                                ongoing communication and 
                                follow-up with instructors, 
                                facilitators, and peers; and
                          (ii) may include--
                                  (I) the use of, and training 
                                of, instructional technology 
                                specialists, mentors, master 
                                teachers, or coaches to serve 
                                as experts and train other 
                                teachers in the effective use 
                                of technology; and
                                  (II) the use of technology, 
                                such as distance learning and 
                                online virtual educator-to-
                                educator peer communities, as a 
                                means for delivering 
                                professional development.
                  (B) The acquisition and implementation of 
                technology tools, applications, and other 
                resources to be employed in the professional 
                development activities described in 
                subparagraph (A).
          (2) Use funds remaining after carrying out paragraph 
        (1) to acquire or implement technology tools, 
        applications, and other resources to improve student 
        learning, technology literacy, and achievement in the 
        area of priority identified by the local educational 
        agency, including through 1 or more of the following:
                  (A) Conducting ongoing formative assessment 
                and using other timely data sources and data 
                systems to more effectively identify and 
                address individual student learning needs.
                  (B) Supporting personalized student learning, 
                including through instructional software and 
                digital content that supports the learning 
                needs of each student, or through providing 
                access to high-quality courses and instructors 
                not otherwise available except through 
                technology such as online learning.
                  (C) Increasing parental involvement through 
                improved communication with teachers and access 
                to student assignments and grades.
                  (D) Enhancing accountability, instruction, 
                and data-driven decisionmaking through data 
                systems that allow for management, analysis, 
                and disaggregating of student, teacher, and 
                school data.
                  (E) Such other activities as are appropriate 
                and consistent with the goals and purposes of 
                this part.
  (c) Multiple Grants.--A local educational agency that 
receives subgrants under both subparagraph (A) and subparagraph 
(B) of section 2412(a)(2) may use all such subgrant funds for 
activities authorized under subsection (a).

                  Subpart 2--State Competitive Grants

SEC. 2421. STATE COMPETITIVE GRANTS.

  (a) In General.--From the amount made available to carry out 
this subpart under section 2404(c)(1) for a fiscal year, the 
Secretary shall award grants to consortia of State educational 
agencies having applications approved under subsection (b) for 
the activities described in subsection (d).
  (b) State Consortia Applications.--
          (1) In general.--To be eligible to receive a grant 
        under this subpart, a consortium of State educational 
        agencies shall submit to the Secretary an application 
        at such time, in such manner, and containing such 
        information as the Secretary may reasonably require, 
        including the information described in paragraph (2).
          (2) Contents.--An application submitted by a 
        consortium of State educational agencies for a grant 
        under this subpart shall include the following:
                  (A) An identification of the States included 
                in the consortium, and which State will act as 
                both fiscal agent and lead grant administrator.
                  (B) A description of how the consortium will 
                support local educational agencies in achieving 
                the absolute priority of supporting enhanced 
                use of technology, including online and blended 
                learning for systemic education transformation, 
                curricula redesign, and new instructional 
                strategies to personalize learning.
                  (C) An identification of an additional 
                priority the consortium will address and a 
                description of how the State educational 
                agencies will support local educational 
                agencies in achieving the priority. Such 
                priority shall be 1 or more of the following:
                          (i) Preparing for and administering 
                        State assessments online.
                          (ii) Using technology and blended 
                        learning.
                          (iii) Preparing the capacity of 
                        administrators and other education 
                        leaders to lead systemic education 
                        transformation through technology.
                  (D) A brief description of each State 
                educational agency's long-term goals and 
                strategies for improving student academic 
                achievement, including student technology 
                literacy, through the effective use of 
                technology, and how the grant will support that 
                plan's implementation and student achievement.
                  (E) A description of how the State 
                educational agencies will use grant funds to 
                improve the ability of educators, including 
                teachers and administrators, to more 
                effectively use technology.
                  (F) A description of the process, activities, 
                and performance measures that the State 
                educational agencies will use to evaluate the 
                impact and effectiveness of activities and to 
                disseminate those findings across the State and 
                to other States outside the consortium.
                  (G) An identification of the State college 
                and career ready academic content standards 
                that the State educational agencies will use to 
                ensure that each student is technology 
                literate.
                  (H) An assurance that financial assistance 
                provided under this subpart will supplement, 
                and not supplant, State and local funds 
                available for activities described in this 
                subpart.
                  (I) A description of how the State 
                educational agencies consulted with local 
                educational agencies in the development of the 
                application.
                  (J) A description of the process the State 
                educational agencies will use to competitively 
                award subgrants under this subpart.
                  (K) A description of how the State 
                educational agencies will coordinate activities 
                carried out with funds under this subpart with 
                other Federal, State, and local funds and 
                activities in order to leverage their impact 
                beyond what could be accomplished directly with 
                grant funds.
                  (L) Assurances that the following conditions 
                have been met by each State in the consortium, 
                which shall include a description of how such 
                conditions have been met in each such State, 
                or, in the instance that such conditions have 
                not been met, a description each State's plan 
                for meeting such conditions:
                          (i) Student advancement and 
                        graduation are based on demonstrated 
                        competency regardless of seat-time, or 
                        time spent in a traditional classroom.
                          (ii) The State has ensured that all 
                        students have access to high-quality 
                        digital content and online courses 
                        without arbitrary caps or other 
                        limitations on enrollment in online 
                        learning.
                          (iii) Teacher certification or 
                        licensure requirements of the State 
                        require educators to be technology 
                        literate, including the ability to--
                                  (I) integrate technology into 
                                curriculum, instruction, and 
                                assessment;
                                  (II) use data to personalize 
                                learning; or
                                  (III) teach online.
                          (iv) The State allows the use of 
                        State funds for technology tools and 
                        applications, if appropriate, to meet 
                        program goals and requirements, 
                        including ensuring that the State's 
                        rules support adoption of electronic 
                        learning materials, including allowance 
                        that materials may be updated in an 
                        ongoing manner and can be acquired 
                        through subscription.
                          (v) The State's learning standards 
                        include student technology literacy 
                        standards, and the State's learning 
                        performance standards assess student 
                        technology literacy.
  (c) Awards.--
          (1) In general.--In awarding grants under this 
        subpart, the Secretary shall ensure the grants--
                  (A) are of sufficient size and duration to be 
                effective;
                  (B) are distributed among States of diverse 
                geographic locations and populations; and
                  (C) serve students attending high-need 
                schools.
          (2) Priority.--In awarding grants under this subpart, 
        the Secretary shall give priority to applications from 
        consortia in which each State has met, or has proposed 
        a detailed plan with specific timelines to meet, all of 
        the following conditions:
                  (A) Assessments in the State are delivered 
                online and may be taken when students have 
                completed a particular course or unit of 
                instruction, not at a specified time and date.
                  (B) The State has signed teacher 
                certification reciprocity agreements with 1 or 
                more other States, including for online 
                instruction.
                  (C) Postsecondary and other teacher training 
                institutions are required to provide, or 
                supported in providing, training in online and 
                blended instruction.
                  (D) The State directly supports technology 
                tools and applications and ensures that all 
                students and teachers have high-speed access to 
                the Internet.
                  (E) The State supports policies or plans 
                facilitating the use of student owned devices 
                in schools or that facilitate home access to 
                digital content.
                  (F) The States have plans that support 
                students with disabilities, advanced learners, 
                below-grade-level learners, and English 
                learners.
  (d) State Consortium Use of Funds.--A State educational 
agency consortium that receives a grant under this subpart 
shall--
          (1) allocate not less than 75 percent of grant funds 
        to local educational agencies to carry out the 
        activities described in the consortium's application; 
        and
          (2) use the funds remaining after carrying out 
        paragraph (1) for State-level activities, as described 
        in the consortium's application, including--
                  (A) assessing the impact of grant funds; and
                  (B) disseminating the findings of the 
                consortium throughout the consortium and 
                nationally.

                       Subpart 3--Internet Safety

SEC. 2431. INTERNET SAFETY.

  (a) In General.--No funds made available under this part to a 
local educational agency for an elementary school or secondary 
school that does not receive services at discount rates under 
section 254(h)(5) of the Communications Act of 1934 (47 U.S.C. 
254(h)(5)) may be used to purchase computers used to access the 
Internet, or to pay for direct costs associated with accessing 
the Internet, for such school unless the school, school board, 
local educational agency, or other authority with 
responsibility for administration of such school both--
          (1)(A) has in place a policy of Internet safety for 
        minors that includes the operation of a technology 
        protection measure with respect to any of its computers 
        with Internet access that protects against access 
        through such computers to visual depictions that are--
                  (i) obscene;
                  (ii) child pornography; or
                  (iii) harmful to minors; and
          (B) is enforcing the operation of such technology 
        protection measure during any use of such computers by 
        minors; and
          (2)(A) has in place a policy of Internet safety that 
        includes the operation of a technology protection 
        measure with respect to any of its computers with 
        Internet access that protects against access through 
        such computers to visual depictions that are--
                  (i) obscene; or
                  (ii) child pornography; and
          (B) is enforcing the operation of such technology 
        protection measure during any use of such computers.
  (b) Timing and Applicability of Implementation.--
          (1) In general.--The local educational agency with 
        responsibility for a school covered by subsection (a) 
        shall certify the compliance of such school with the 
        requirements of subsection (a) as part of the 
        application process for each program funding year.
          (2) Process.--
                  (A) Schools with internet safety policies and 
                technology protection measures in place.--A 
                local educational agency with responsibility 
                for a school covered by subsection (a) that has 
                in place an Internet safety policy meeting the 
                requirements of subsection (a) shall certify 
                its compliance with subsection (a) during each 
                annual program application cycle under this 
                Act.
                  (B) Schools without internet safety policies 
                and technology protection measures in place.--
                          (i) Certification.--A local 
                        educational agency with responsibility 
                        for a school covered by subsection (a) 
                        that does not have in place an Internet 
                        safety policy meeting the requirements 
                        of subsection (a) for each year in 
                        which the local educational agency is 
                        applying for funds for such school 
                        under this Act, shall certify that it 
                        is undertaking such actions, including 
                        any necessary procurement procedures, 
                        to put in place an Internet safety 
                        policy that meets such requirements.
                          (ii) Ineligibility.--Any school 
                        covered by subsection (a) for which the 
                        local educational agency concerned is 
                        unable to certify compliance with such 
                        requirements for a year shall be 
                        ineligible for all funding under this 
                        part for such year and all subsequent 
                        years until such time as such school 
                        comes into compliance with such 
                        requirements.
  (c) Disabling During Certain Use.--An administrator, 
supervisor, or person authorized by the responsible authority 
under subsection (a) may disable the technology protection 
measure concerned to enable access for bona fide research or 
other lawful purposes.
  (d) Noncompliance.--
          (1) Use of general education provisions act 
        remedies.--Whenever the Secretary has reason to believe 
        that any recipient of funds under this part is failing 
        to comply substantially with the requirements of this 
        section, the Secretary may--
                  (A) withhold further payments to the 
                recipient under this part;
                  (B) issue a complaint to compel compliance of 
                the recipient through a cease and desist order; 
                or
                  (C) enter into a compliance agreement with a 
                recipient to bring it into compliance with such 
                requirements,
        in same manner as the Secretary is authorized to take 
        such actions under sections 455, 456, and 457, 
        respectively, of the General Education Provisions Act.
          (2) Recovery of funds prohibited.--The actions 
        authorized by paragraph (1) are the exclusive remedies 
        available with respect to the failure of a school to 
        comply substantially with a provision of this section, 
        and the Secretary shall not seek a recovery of funds 
        from the recipient for such failure.
          (3) Recommencement of payments.--Whenever the 
        Secretary determines (whether by certification or other 
        appropriate evidence) that a recipient of funds who is 
        subject to the withholding of payments under paragraph 
        (1)(A) has cured the failure providing the basis for 
        the withholding of payments, the Secretary shall cease 
        the withholding of payments to the recipient under that 
        paragraph.
  (e) Definitions.--In this subpart:
          (1) Access to internet.--A computer shall be 
        considered to have access to the Internet if such 
        computer is equipped with a modem or is connected to a 
        computer network that has access to the Internet.
          (2) Acquisition or operation.--An elementary school 
        or secondary school shall be considered to have 
        received funds under this part for the acquisition or 
        operation of any computer if such funds are used in any 
        manner, directly or indirectly--
                  (A) to purchase, lease, or otherwise acquire 
                or obtain the use of such computer; or
                  (B) to obtain services, supplies, software, 
                or other actions or materials to support, or in 
                connection with, the operation of such 
                computer.
          (3) Child pornography.--The term ``child 
        pornography'' has the meaning given that term in 
        section 2256 of title 18, United States Code.
          (4) Computer.--The term ``computer'' includes any 
        hardware, software, or other technology attached or 
        connected to, installed in, or otherwise used in 
        connection with a computer.
          (5) Harmful to minors.--The term ``harmful to 
        minors'' means any picture, image, graphic image file, 
        or other visual depiction that--
                  (A) taken as a whole and with respect to 
                minors, appeals to a prurient interest in 
                nudity, sex, or excretion;
                  (B) depicts, describes, or represents, in a 
                patently offensive way with respect to what is 
                suitable for minors, an actual or simulated 
                sexual act or sexual contact, actual or 
                simulated normal or perverted sexual acts, or a 
                lewd exhibition of the genitals; and
                  (C) taken as a whole, lacks serious literary, 
                artistic, political, or scientific value as to 
                minors.
          (6) Minor.--The term ``minor'' means an individual 
        who has not attained the age of 17.
          (7) Obscene.--The term ``obscene'' has the meaning 
        applicable to that term under section 1460 of title 18, 
        United States Code.
          (8) Sexual act and sexual contact.--The terms 
        ``sexual act'' and ``sexual contact'' have the meanings 
        given those terms in section 2246 of title 18, United 
        States Code.
  (f) Severability.--If any provision of this section is held 
invalid, the remainder of this section shall not be affected 
thereby.

           *       *       *       *       *       *       *


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

[SEC. 3001. [20 U.S.C. 6801] AUTHORIZATIONS OF APPROPRIATIONS; 
                    CONDITION ON EFFECTIVENESS OF PARTS.]

  [(a) Authorizations of Appropriations.--
          [(1) In general.--Subject to subsection (b), there 
        are authorized to be appropriated to carry out this 
        title, except for subpart 4 of part B, $750,000,000 for 
        fiscal year 2002 and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
          [(2) Emergency immigrant education program.--There 
        are authorized to be appropriated to carry out subpart 
        4 of part B (when such part is in effect) such sums as 
        may be necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
  [(b) Conditions on Effectiveness of Parts A and B.--
          [(1) Part a.--Part A shall be in effect for any 
        fiscal year for which the amount appropriated under 
        paragraphs (1) and (2) of subsection (a) equals or 
        exceeds $650,000,000.
          [(2) Part b.--Part B shall be in effect only for a 
        fiscal year for which part A is not in effect.
  [(c) References.--In any fiscal year for which part A is in 
effect, references in Federal law (other than this title) to 
part B shall be considered to be references to part A. In any 
fiscal year for which part B is in effect, references in 
Federal law (other than this title) to part A shall be 
considered to be references to part B.]

    PART A--ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND 
                        ACADEMIC ACHIEVEMENT ACT

SEC. 3101. SHORT TITLE.

  This part may be cited as the ``English Language Acquisition, 
Language Enhancement, and Academic Achievement Act''.

[SEC. 3102. PURPOSES.]

  [The purposes of this part are--
          [(1) to help ensure that children who are limited 
        English proficient, including immigrant children and 
        youth, attain English proficiency, develop high levels 
        of academic attainment in English, and meet the same 
        challenging State academic content and student academic 
        achievement standards as all children are expected to 
        meet;
          [(2) to assist all limited English proficient 
        children, including immigrant children and youth, to 
        achieve at high levels in the core academic subjects so 
        that those children can meet the same challenging State 
        academic content and student academic achievement 
        standards as all children are expected to meet, 
        consistent with section 1111(b)(1);
          [(3) to develop high-quality language instruction 
        educational programs designed to assist State 
        educational agencies, local educational agencies, and 
        schools in teaching limited English proficient children 
        and serving immigrant children and youth;
          [(4) to assist State educational agencies and local 
        educational agencies to develop and enhance their 
        capacity to provide high-quality instructional programs 
        designed to prepare limited English proficient 
        children, including immigrant children and youth, to 
        enter all-English instruction settings;
          [(5) to assist State educational agencies, local 
        educational agencies, and schools to build their 
        capacity to establish, implement, and sustain language 
        instruction educational programs and programs of 
        English language development for limited English 
        proficient children;
          [(6) to promote parental and community participation 
        in language instruction educational programs for the 
        parents and communities of limited English proficient 
        children;
          [(7) to streamline language instruction educational 
        programs into a program carried out through formula 
        grants to State educational agencies and local 
        educational agencies to help limited English proficient 
        children, including immigrant children and youth, 
        develop proficiency in English, while meeting 
        challenging State academic content and student academic 
        achievement standards;
          [(8) to hold State educational agencies, local 
        educational agencies, and schools accountable for 
        increases in English proficiency and core academic 
        content knowledge of limited English proficient 
        children by requiring--
                  [(A) demonstrated improvements in the English 
                proficiency of limited English proficient 
                children each fiscal year; and
                  [(B) adequate yearly progress for limited 
                English proficient children, including 
                immigrant children and youth, as described in 
                section 1111(b)(2)(B); and
          [(9) to provide State educational agencies and local 
        educational agencies with the flexibility to implement 
        language instruction educational programs, based on 
        scientifically based research on teaching limited 
        English proficient children, that the agencies believe 
        to be the most effective for teaching English.]

SEC. 3102. PURPOSES.

  The purposes of this part are--
          (1) to support the provision of education to meet the 
        needs of English learners and immigrant students and 
        provide English learners and immigrant students with 
        high-quality, evidence-based services, which also 
        supplement services and supports provided under title 
        I, to ensure that English learners, including those 
        English learners who are also immigrants, acquire the 
        English language proficiency and academic content 
        knowledge they need to meet the State's college and 
        career ready academic content standards and for State 
        academic assessments;
          (2) to support the efforts of State educational 
        agencies and local educational agencies to enhance 
        their capacity to provide high-quality educational 
        programs that are effective for English learners and 
        that reflect the diversity of the English learner 
        population;
          (3) to support the efforts of teachers, school 
        leaders, State educational agencies, and local 
        educational agencies to develop and enhance the 
        capacity and flexibility needed to--
                  (A) provide evidence-based, linguistically 
                and culturally appropriate services to assist 
                English learners supported under this part in--
                          (i) attaining English language 
                        proficiency; and
                          (ii) meeting State college and career 
                        ready academic content standards;
                  (B) implement such services effectively;
                  (C) evaluate the impact of such services on 
                student English language proficiency and 
                academic content knowledge; and
                  (D) modify such services as appropriate to 
                meet the needs of students;
          (4) to ensure that rigorous and consistent standards, 
        assessments, and State accountability systems are in 
        place for programs serving English learners; and
          (5) to promote parental and community participation 
        in language instruction educational programs in 
        communities for parents of children who are English 
        learners.

 Subpart 1--Grants and Subgrants for English Language Acquisition and 
                          Language Enhancement

SEC. 3111. FORMULA GRANTS TO STATES.

  (a) In General.--* * *
  (b) Use of Funds.--
          (1) Subgrants to eligible entities.--* * *

           *       *       *       *       *       *       *

          [(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 one or more of the following activities:
                  [(A) Professional development activities, and 
                other activities, that assist personnel in 
                meeting State and local certification and 
                licensing requirements for teaching limited 
                English proficient children.
                  [(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 subpart, 
                including assistance in--
                          [(i) identifying and implementing 
                        language instruction educational 
                        programs and curricula that are based 
                        on scientifically based research on 
                        teaching limited English proficient 
                        children;
                          [(ii) helping limited English 
                        proficient children meet the same 
                        challenging State academic content and 
                        student academic achievement standards 
                        as all children are expected to meet;
                          [(iii) identifying or developing, and 
                        implementing, measures of English 
                        proficiency; and
                          [(iv) promoting parental and 
                        community participation in programs 
                        that serve limited English proficient 
                        children.
                  [(D) Providing recognition, which may include 
                providing financial awards, to subgrantees that 
                have exceeded their annual measurable 
                achievement objectives pursuant to section 
                3122.]
          (2) State activities.--
                  (A) In general.--Subject to subparagraph (B), 
                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 provide technical assistance 
                and other forms of assistance to eligible 
                entities that are receiving subgrants from a 
                State educational agency under this subpart, 
                including in--
                          (i) identifying and implementing 
                        effective and high-quality language 
                        instruction educational programs and 
                        curricula and academic content 
                        instruction programs that are based on 
                        scientifically valid research on 
                        teaching English learners;
                          (ii) program evaluation to ensure 
                        that the language instruction 
                        educational programs and academic 
                        content instruction programs selected 
                        by subgrantees are appropriate for the 
                        needs of the English learners served;
                          (iii) teacher and principal 
                        preparation, professional development 
                        activities, and other evidence-based 
                        activities, which may include 
                        activities that--
                                  (I) support the 
                                implementation of professional 
                                teaching standards and teacher 
                                evaluation systems for teachers 
                                of English learners; and
                                  (II) assist such teachers in 
                                meeting State and local 
                                certification and licensing 
                                requirements for teaching 
                                English learners;
                          (iv) strengthening and increasing 
                        parent, family, and community 
                        engagement;
                          (v) developing, enhancing, aligning, 
                        and implementing English language 
                        proficiency standards and assessments, 
                        particularly helping to ensure uniform 
                        implementation of English language 
                        proficiency standards within the State;
                          (vi) providing recognition, which may 
                        include providing financial awards, to 
                        subgrantees that significantly improve 
                        the rate at which English learners 
                        acquire English language proficiency 
                        and are able to demonstrate the English 
                        language proficiency needed for core 
                        content mastery; and
                          (vii) planning, evaluation, 
                        administration, and interagency 
                        coordination.
                  (B) Limitation.--A State may use not more 
                than 40 percent of the amount reserved under 
                subparagraph (A) or $175,000, whichever is 
                greater, for the activities described in 
                subparagraph (A)(vii).
          [(3) Administrative expenses.--From the amount 
        reserved under paragraph (2), a State educational 
        agency may use not more than 60 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 appropriated 
        under section 3001(a) for each fiscal year, the 
        Secretary shall reserve--
                  [(A) 0.5 percent or $5,000,000 of such 
                amount, whichever is greater, for payments to 
                eligible entities that are defined under 
                section 3112(a) for activities, approved by the 
                Secretary, consistent with this subpart;
                  [(B) 0.5 percent of such amount for payments 
                to outlying areas, to be allotted in accordance 
                with their respective needs for assistance 
                under this subpart, as determined by the 
                Secretary, for activities, approved by the 
                Secretary, consistent with this subpart;
                  [(C) 6.5 percent of such amount for national 
                activities under sections 3131 and 3303, except 
                that not more than 0.5 percent of such amount 
                shall be reserved for evaluation activities 
                conducted by the Secretary and 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 3303; 
                and
                  [(D) such sums as may be necessary to make 
                continuation awards under paragraph (2).]
          (1) Reservations.--From the amount appropriated under 
        section 3(i) for each fiscal year, the Secretary shall 
        reserve--
                  (A) 0.5 percent or $5,000,000 of such amount, 
                whichever is greater, for payments to eligible 
                entities that are defined under section 3112(a) 
                for activities, approved by the Secretary, 
                consistent with this subpart;
                  (B) 0.5 percent of such amount for payments 
                to outlying areas, to be allotted in accordance 
                with their respective needs for assistance 
                under this subpart (as determined by the 
                Secretary) for activities that are approved by 
                the Secretary and consistent with the purposes 
                of this subpart; and
                  (C) 6.5 percent of such amount for national 
                activities under sections 3131, 3132, and 3203, 
                except that not more than 0.5 percent of such 
                amount shall be reserved for evaluation 
                activities conducted by the Secretary and 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 3203.
          [(2) Continuation awards.--
                  [(A) In general.--Before making allotments to 
                State educational agencies under paragraph (3) 
                for any fiscal year, the Secretary shall use 
                the sums reserved under paragraph (1)(D) to 
                make continuation awards to recipients who 
                received grants or fellowships for the fiscal 
                year preceding any fiscal year described in 
                section 3001(b)(1)(A) under--
                          [(i) subparts 1 and 3 of part A of 
                        title VII (as in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); or
                          [(ii) subparts 1 and 3 of part B of 
                        this title.
                  [(B) Use of funds.--The Secretary shall make 
                the awards in order to allow such recipients to 
                receive awards for the complete period of their 
                grants or fellowships under the appropriate 
                subparts.]
          [(3)](2) State allotments.--
                  (A) In general.--Except as provided in 
                subparagraph (B), from the amount appropriated 
                under section [3001(a)]3(j) 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 3113(c)--
                          (i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of [limited 
                        English proficient children]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.--* * *
                  [(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 subpart, the Secretary--
                          [(i) shall endeavor to make the 
                        State's allotment available on a 
                        competitive basis to specially 
                        qualified agencies within the State to 
                        satisfy the requirements of section 
                        3115 (and any additional requirements 
                        that the Secretary may impose), 
                        consistent with the purposes of such 
                        section, and to carry out required and 
                        authorized activities under such 
                        section; and
                          [(ii) shall reallot any portion of 
                        such allotment remaining after the 
                        application of clause (i) to the 
                        remaining State educational agencies in 
                        accordance with subparagraph (A).]
                  (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 subpart, 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.--* * *
          [(4)](3) Use of data for determinations.--
                  [(A) In general.--In making State allotments 
                under paragraph (3), for the purpose of 
                determining the number of limited English 
                proficient children in a State and in all 
                States, and the number of immigrant children 
                and youth in a State and in all States, for 
                each fiscal year, the Secretary shall use data 
                that will yield the most accurate, up-to-date 
                numbers of such children and youth.
                  [(B) Special rule.--
                          [(i) First 2 years.--In making 
                        determinations under subparagraph (A) 
                        for the 2 fiscal years following the 
                        date of enactment of the No Child Left 
                        Behind Act of 2001, the Secretary shall 
                        determine the number of limited English 
                        proficient children in a State and in 
                        all States, and the number of immigrant 
                        children and youth in a State and in 
                        all States, using data available from 
                        the Bureau of Census or submitted by 
                        the States to the Secretary.
                          [(ii) Subsequent years.--For 
                        subsequent fiscal years, the Secretary 
                        shall determine the number of limited 
                        English proficient children in a State 
                        and in all States, and the number of 
                        immigrant children and youth in a State 
                        and in all States, using the more 
                        accurate of--
                                  [(I) the data available from 
                                the American Community Survey 
                                available from the Department 
                                of Commerce; or
                                  [(II) the number of children 
                                being assessed for English 
                                proficiency in a State as 
                                required under section 
                                1111(b)(7).]
          (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, for each fiscal 
        year, using the most accurate, up-to-date data, which 
        may be--
                  (A) data available from the American 
                Community Survey conducted by the Department of 
                Commerce, which may be multiyear estimates;
                  (B) the number of students assessed as not 
                having attained English language proficiency, 
                based on the State's English language 
                proficiency assessment under section 
                1111(a)(2)(D), which may be multiyear 
                estimates; or
                  (C) a combination of data available under 
                subparagraphs (A) and (B).

           *       *       *       *       *       *       *


SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

  (a) Eligible Entities.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (4) An elementary school or secondary school that is 
        operated or funded by the Bureau of [Indian 
        Affairs]Indian Education of the Department of the 
        Interior, or a consortium of such schools.
          (5) An elementary school or secondary school operated 
        under a contract with or grant from the Bureau of 
        [Indian Affairs]Indian Education of the Department of 
        the Interior, in consortium with another such school or 
        a tribal or community organization.
          (6) An elementary school or secondary school operated 
        by the Bureau of [Indian Affairs]Indian Education of 
        the Department of the Interior and an institution of 
        higher education, in consortium with an elementary 
        school or secondary school operated under a contract 
        with or grant from the Bureau of [Indian Affairs]Indian 
        Education of the Department of the Interior or a tribal 
        or community organization.
  (b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, [an entity 
that is considered to be an eligible entity under subsection 
(a), and that]an eligible entity that desires to receive 
Federal financial assistance under this subpart, shall submit 
an application to the Secretary.
  [(c) Special Rule.--An eligible entity described in 
subsection (a) that receives Federal financial assistance 
pursuant to this section shall not be eligible to receive a 
subgrant under section 3114.]
  (c) Special Rules.--
          (1) Ineligibility for multiple awards for same 
        period.--An eligible entity that receives a grant under 
        this section shall not be eligible to receive a 
        subgrant under section 3114 for the same period.
          (2) Native american language programs.--An eligible 
        entity that receives a grant under this section may, in 
        addition to other activities supported under this 
        subpart, use the grant funds to support Native American 
        language immersion programs and Native American 
        language restoration programs, which may be taught by 
        traditional or tribal leaders.

           *       *       *       *       *       *       *


[SEC. 3113. [20 U.S.C. 6823] STATE AND SPECIALLY QUALIFIED AGENCY 
                    PLANS.]

  [(a) Plan Required.--Each State educational agency and 
specially qualified agency desiring a grant under this subpart 
shall submit a plan to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
require.
  [(b) Contents.--Each plan submitted under subsection (a) 
shall--
          [(1) describe the process that the agency will use in 
        making subgrants to eligible entities under section 
        3114(d)(1);
          [(2) describe how the agency will establish standards 
        and objectives for raising the level of English 
        proficiency that are derived from the four recognized 
        domains of speaking, listening, reading, and writing, 
        and that are aligned with achievement of the 
        challenging State academic content and student academic 
        achievement standards described in section 1111(b)(1);
          [(3) contain an assurance that--
                  [(A) in the case of a State educational 
                agency, the agency consulted with local 
                educational agencies, education-related 
                community groups and nonprofit organizations, 
                parents, teachers, school administrators, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                  [(B) in the case of a specially qualified 
                agency, the agency consulted with education-
                related community groups and nonprofit 
                organizations, parents, teachers, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                  [(C) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement in section 
                1111(b)(7) to annually assess in English 
                children who have been in the United States for 
                3 or more consecutive years;
                  [(D) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart annually assess the English proficiency 
                of all limited English proficient children 
                participating in a program funded under this 
                subpart, consistent with section 1111(b)(7);
                  [(E) in awarding subgrants under section 
                3114, 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;
                  [(F) subgrants to eligible entities under 
                section 3114(d)(1) will be of sufficient size 
                and scope to allow such entities to carry out 
                high-quality language instruction educational 
                programs for limited English proficient 
                children; and
                  [(G) the agency will require an eligible 
                entity receiving a subgrant under this subpart 
                to use the subgrant in ways that will build 
                such recipient's capacity to continue to offer 
                high-quality language instruction educational 
                programs that assist limited English proficient 
                children in meeting challenging State academic 
                content and student academic achievement 
                standards once assistance under this subpart is 
                no longer available;
          [(4) describe how the agency will coordinate its 
        programs and activities under this subpart with its 
        other programs and activities under this Act and other 
        Acts, as appropriate;
          [(5) describe how the agency will hold local 
        educational agencies, eligible entities, elementary 
        schools, and secondary schools accountable for--
                  [(A) meeting all annual measurable 
                achievement objectives described in section 
                3122;
                  [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                  [(C) achieving the purposes of this part; and
          [(6) describe how eligible entities in the State will 
        be given the flexibility to teach limited English 
        proficient children--
                  [(A) using a language instruction curriculum 
                that is tied to scientifically based research 
                on teaching limited English proficient children 
                and that has been demonstrated to be effective; 
                and
                  [(B) in the manner the eligible entities 
                determine to be the most effective.
  [(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 or specially qualified agency and 
        approved under subsection (c) shall--
                  [(A) remain in effect for the duration of the 
                agency's participation under this part; 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 part.
          [(2) Additional information.--
                  [(A) Amendments.--If the State educational 
                agency or specially qualified 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 part.
  [(e) Consolidated Plan.--A plan submitted under subsection 
(a) may be submitted as part of a consolidated plan under 
section 9302.
  [(f) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English proficiency standards, objectives, and assessments.]

SEC. 3113. STATE EDUCATIONAL AGENCY PLANS.

  (a) Plan Required.--Each State educational agency desiring a 
grant under this subpart shall submit a plan to the Secretary 
at such time, in such manner, and containing such information 
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 
        3114(d)(1);
          (2) describe the process by which, within a period 
        established by the Secretary, the agency will establish 
        uniform statewide criteria for local educational 
        agencies to use in--
                  (A) identifying English learners who need 
                services under this part;
                  (B) determining when such students no longer 
                need those services; and
                  (C) including the same standards of 
                achievement for all English learners in all 
                local educational agencies in the State;
          (3) describe the process through which the State 
        educational agency will support local educational 
        agencies in assisting English learners in acquiring 
        proficiency in each of the 4 language domains of 
        reading, writing, speaking, and listening, as measured 
        by the State's English language proficiency assessment;
          (4) provide an assurance that if the State adopts new 
        academic content standards, the State educational 
        agency will, not later than 1 year after the date of 
        adoption of such standards--
                  (A) update the State English language 
                proficiency standards to ensure that such 
                standards align with the new academic content 
                standards; and
                  (B) provide the Secretary with evidence of 
                such alignment;
          (5) provide an assurance that the State English 
        language proficiency assessment system is valid and 
        reliable and meets the appropriate requirements of 
        paragraph (10);
          (6) include criteria for defining the performance 
        standard that students at lower levels of English 
        language proficiency must meet to attain the level that 
        the State defines as English language proficient;
          (7) describe how the agency will coordinate programs 
        and activities carried out under this subpart with the 
        other programs and activities that such agency carries 
        out under this Act;
          (8) describe how the agency will assist eligible 
        entities in increasing the extent to which English 
        learners acquire English language proficiency within a 
        reasonable time frame, as informed by evidence and best 
        practices;
          (9) provide an assurance that eligible entities in 
        the State will be given the flexibility to teach 
        English learners using a language instruction 
        curriculum that has been demonstrated to be effective, 
        consistent with section 3115(f);
          (10) describe how the agency will manage subgrants 
        awarded under this subpart, including--
                  (A) how the agency will ensure that subgrant 
                funds are expended to support the provision of 
                services to help English learners acquire the 
                English language proficiency and the academic 
                content knowledge they need to meet the State's 
                college and career ready academic content 
                standards and to advance to postsecondary 
                education and careers, which may include using 
                a scientifically valid language instruction 
                curriculum to improve language acquisition and 
                content mastery for English learners;
                  (B) how the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement under 
                section 1111(a)(2)(B)(vi) to annually assess in 
                English, children who have been in the United 
                States for 3 or more consecutive years;
                  (C) how the agency will monitor eligible 
                entities receiving a subgrant under this part 
                to ensure compliance with applicable Federal 
                fiscal requirements, including the requirements 
                under subsections (f) (g), and (h) of section 
                3115;
                  (D) how the agency will, in awarding 
                subgrants under section 3114, address the needs 
                of local educational agencies of all sizes and 
                in all geographic areas, including local 
                educational agencies that serve rural and urban 
                schools; and
                  (E) an assurance that the agency will require 
                an eligible entity receiving a subgrant under 
                this subpart to use the subgrant in ways that 
                will build such eligible entity's capacity to 
                continue to offer high-quality language 
                instruction educational programs and academic 
                content instruction programs that assist 
                English learners in meeting State academic 
                content and student academic achievement 
                standards to become on track to college and 
                career readiness;
          (11) provide an assurance that the State's English 
        language proficiency standards are aligned with the 
        academic content and academic achievement standards 
        described in section 1111; and
          (12) provide an assurance that the plan has been 
        developed in consultation with local educational 
        agencies, teachers, administrators of programs 
        described under this part, parents, family members, and 
        other relevant stakeholders.
  (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 
                State educational agency's participation under 
                this part; and
                  (B) be periodically reviewed and revised by 
                the agency to reflect changes to the agency's 
                strategies and programs carried out under this 
                part.
          (2) Additional information.--
                  (A) Amendments.--If a State educational 
                agency amends the plan approved under 
                subsection (c), the agency shall submit the 
                amendment to the Secretary.
                  (B) Approval.--The Secretary shall approve an 
                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 part.
  (e) Consolidated Plan.--A plan submitted under subsection (a) 
may be submitted as part of a consolidated plan under section 
9302.
  (f) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English language proficiency standards, objectives, and 
assessments.

           *       *       *       *       *       *       *


SEC. 3114. WITHIN-STATE ALLOCATIONS.

  (a) In General.--After making the reservation required under 
subsection (d)(1), each State educational agency receiving a 
grant under [section 3111(c)(3)]section 3111(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 3116 an amount that bears the same relationship 
to the amount received under the grant and remaining after 
making such reservation as the population of [limited English 
proficient children]English learners in schools served by the 
eligible entity bears to the population of [limited English 
proficient children]English learners in schools served by all 
eligible entities in the State.
  (b) Limitation.--* * *

           *       *       *       *       *       *       *

  (d) Required Reservation.--A State educational agency 
receiving a grant under this subpart for a fiscal year--
          (1) shall reserve not more than 15 percent of the 
        agency's allotment under [section 3111(c)(3)]section 
        3111(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 eligible entities that 
                experience a significant increase in the 
                percentage of immigrant children and youth 
                served, and eligible entities that experience a 
                significant increase in the number of immigrant 
                children and youth served; and
                  [(B)] (C) shall consider the quality of each 
                local plan under section 3116 and ensure that 
                each subgrant is of sufficient size and scope 
                to meet the purposes of this part.

[SEC. 3115. 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 subpart only if the entity agrees to 
expend the funds to improve the education of limited English 
proficient children, by assisting the children to learn English 
and meet challenging State academic content and student 
academic achievement standards. In carrying out activities with 
such funds, the entity shall use approaches and methodologies 
based on scientifically based research on teaching limited 
English proficient children and immigrant children and youth 
for the following purposes:
          [(1) Developing and implementing new language 
        instruction educational programs and academic content 
        instruction programs for such children, and such 
        children and youth, including programs of early 
        childhood education, elementary school programs, and 
        secondary school programs.
          [(2) Carrying out highly focused, innovative, locally 
        designed activities to expand or enhance existing 
        language instruction educational programs and academic 
        content instruction programs for such children, and 
        such 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 such 
        children, and such 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 such children, and such 
        children and youth.
  [(b) Administrative Expenses.--Each eligible entity receiving 
funds under section 3114(a) for a fiscal year may use not more 
than 2 percent of such funds for the cost of administering this 
subpart.
  [(c) Required Subgrantee Activities.--An eligible entity 
receiving funds under section 3114(a) shall use the funds--
          [(1) to increase the English proficiency of limited 
        English proficient children by providing high-quality 
        language instruction educational programs that are 
        based on scientifically based research demonstrating 
        the effectiveness of the programs in increasing--
                  [(A) English proficiency; and
                  [(B) student academic achievement in the core 
                academic subjects; and
          [(2) to provide high-quality professional development 
        to classroom teachers (including teachers in classroom 
        settings that are not the settings of language 
        instruction educational programs), principals, 
        administrators, and other school or community-based 
        organizational personnel, that is--
                  [(A) designed to improve the instruction and 
                assessment of limited English proficient 
                children;
                  [(B) designed to enhance the ability of such 
                teachers to understand and use curricula, 
                assessment measures, and instruction strategies 
                for limited English proficient children;
                  [(C) based on scientifically based research 
                demonstrating the effectiveness of the 
                professional development in increasing 
                children's English proficiency or substantially 
                increasing the subject matter knowledge, 
                teaching knowledge, and teaching skills of such 
                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.
  [(d) Authorized Subgrantee Activities.--Subject to subsection 
(c), an eligible entity receiving funds under section 3114(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 limited 
        English proficient children by identifying, acquiring, 
        and upgrading curricula, instruction materials, 
        educational software, and assessment procedures.
          [(3) Providing--
                  [(A) tutorials and academic or vocational 
                education for limited English proficient 
                children; 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 proficiency and academic 
        achievement of limited English proficient children.
          [(6) Providing community participation programs, 
        family literacy services, and parent outreach and 
        training activities to limited English proficient 
        children and their families--
                  [(A) to improve the English language skills 
                of limited English proficient children; 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 limited English 
        proficient children 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 
                subpart.
          [(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 3114(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 teacher 
                aides 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 and acquisition of 
                curricular materials, educational software, and 
                technologies to be used in the program carried 
                out with funds;
                  [(E) basic instruction services that are 
                directly attributable to the presence in the 
                school district 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 3114(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 subpart, 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 limited English 
        proficient children to attain English proficiency and 
        meet challenging State academic content and student 
        academic achievement standards.
          [(2) Consistency.--Such selection shall be consistent 
        with sections 3125 through 3127.
  [(g) Supplement, Not Supplant.--Federal funds made available 
under this subpart 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 
limited English proficient children and immigrant children and 
youth and in no case to supplant such Federal, State, and local 
public funds.]

SEC. 3115. 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 subpart only if the entity agrees to 
expend the funds to supplement the education of English 
learners by helping them learn English and meet the State 
college and career ready academic content and student academic 
achievement standards. The eligible subgrantee shall carry out 
activities with such funds, using evidence-based approaches and 
methodologies that have been demonstrated to be effective 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 such children and youth, 
        including early childhood education and care programs, 
        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 
        such children and youth.
          (3) Implementing, within an individual school, whole 
        school programs for restructuring, reforming, and 
        upgrading all relevant programs, activities, and 
        operations relating to language instruction educational 
        programs and academic content instruction for such 
        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 such children and youth.
  (b) Administrative Expenses.--Each eligible entity receiving 
funds under section 3114(a) for a fiscal year may use not more 
than 2 percent of such funds for the direct cost of 
administering this subpart.
  (c) Required Subgrantee Activities.--An eligible entity 
receiving funds under section 3114(a) shall use the funds for 2 
or more of the following activities:
          (1) Increasing the English language proficiency of 
        English learners by providing high-quality evidence-
        based language instruction educational programs and 
        academic content instruction programs that meet the 
        needs of the specific English learners served, and by 
        identifying, acquiring, and upgrading curricula, 
        instructional materials, educational software, and 
        assessment practices that are proven effective in--
                  (A) increasing English language proficiency;
                  (B) increasing student academic achievement 
                in the core academic subjects; and
                  (C) supporting students so that the students 
                are college and career ready.
          (2) Providing high-quality professional development 
        to teachers (including teachers of language instruction 
        educational programs and academic content instruction 
        programs, teachers of other academic subjects, and 
        special education teachers), principals, 
        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 
                effectively implement curricula, assessment 
                practices and measures, and instructional 
                strategies for English learners;
                  (C) aligned with the instructional program 
                used by teachers that is responsive to the 
                needs of the English learners served;
                  (D) based on scientifically valid research 
                demonstrating the effectiveness of the 
                professional development in increasing 
                children's English language proficiency or 
                substantially increasing the subject matter 
                knowledge, teaching knowledge, and teaching 
                skills of teachers; and
                  (E) of sufficient intensity and duration 
                (which shall not include activities such as 1-
                day or short-term workshops and conferences) to 
                have a positive and lasting impact on the 
                performance of teachers in the classroom, 
                except that this subparagraph shall not apply 
                to an activity that is 1 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.
          (3) Carrying out other highly focused, evidence-
        based, proven effective activities and strategies that 
        expand, enhance, or supplement existing language 
        instruction educational programs and academic content 
        instruction programs for English learners, including 
        activities that enhance and increase parent, family, 
        and community participation, maximize coordination and 
        alignment among related programs, and build 
        partnerships between schools and community-based early 
        learning programs serving English learners.
  (d) Authorized Subgrantee Activities.--Subject to subsection 
(c), an eligible entity receiving funds under section 3114(a) 
may use the funds to achieve 1 of the purposes described in 
subsection (a) by undertaking 1 or more of the following 
activities:
          (1) Upgrading program objectives and effective 
        instruction strategies.
          (2) Providing to English learners--
                  (A) tutorials and academic or career and 
                technical education; and
                  (B) intensified instruction.
          (3) Developing and implementing preschool, elementary 
        school, or secondary school language instruction 
        educational programs and academic content instruction 
        programs that are coordinated with other relevant 
        programs and services.
          (4) Improving the English language proficiency and 
        academic achievement of children who are English 
        learners.
          (5) Improving the instruction of English learners, 
        including English learners who are children with 
        disabilities, 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 curricula and programs funded 
                under this subpart.
          (6) Providing community participation programs, 
        family literacy activities, and parent and family 
        outreach and training activities to children who are 
        English learners and their families--
                  (A) to improve the English language skills of 
                children who are English learners; and
                  (B) to assist parents in--
                          (i) helping their children to improve 
                        their academic achievement; and
                          (ii) becoming active participants in 
                        the education of their children.
          (7) Carrying out other activities that are consistent 
        with the purposes of this subpart.
  (e) Activities by Agencies Experiencing Substantial Increases 
in Immigrant Children and Youth.--
          (1) In general.--An eligible entity receiving funds 
        under section 3114(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 and family 
                outreach, and leadership development activities 
                designed to assist parents and family members 
                in becoming engaged participants in the 
                education and development 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) the 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 funds 
                awarded under section 3114(a);
                  (E) basic instructional 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 and costs of transportation;
                  (F) such other costs that are directly 
                attributable to such additional basic 
                instructional services or 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 (including community-based 
                organizations providing early childhood 
                education and care programs), 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 3114(d)(1) shall be determined by the agency in 
        its discretion.
  (f) Selection of Method of Instruction.--
          (1) In general.--An eligible entity receiving a 
        subgrant from a State educational agency under this 
        subpart shall select 1 or more methods or forms of 
        instruction to be used in the programs and activities 
        undertaken by the entity in assisting English learners 
        in attaining English language proficiency and meeting 
        State academic content and student academic achievement 
        standards, to be on track to college and career 
        readiness.
          (2) Consistency.--The selection of methods or forms 
        of instruction, as described under paragraph (1), shall 
        be consistent with sections 3124 through 3126.
  (g) Supplement, Not Supplant.--Federal funds made available 
under this subpart 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.
  (h) Prohibition on Use of Funds.--A subgrantee shall not use 
subgrant funds received under this subpart for services that 
are required to be provided to English learners as a result 
of--
          (1) a letter of findings, issued by the Assistant 
        Secretary for Civil Rights, indicating that the 
        subgrantee's program and services do not meet the legal 
        requirements under title VI of the Civil Rights Act of 
        1964 (42 U.S.C. 2000d et seq.), unless the subgrantee 
        has appealed the findings or entered into settlement 
        discussions designed to lead to a resolution agreement 
        with the Assistant Secretary for Civil Rights pursuant 
        to section 100.7(d) of title 34, Code of Federal 
        Regulations; or
          (2) a Federal court order resulting from litigation 
        in the Federal courts, except where the litigation 
        commences with a complaint filed with an accompanying 
        consent decree, to enforce title VI of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000d et seq.) or section 204(f) 
        of the Equal Educational Opportunities Act of 1974 (20 
        U.S.C. 1703(f)).

           *       *       *       *       *       *       *


[SEC. 3116. LOCAL PLANS.]

  [(a) Plan Required.--Each eligible entity desiring a subgrant 
from the State educational agency under section 3114 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 programs and activities proposed to 
        be developed, implemented, and administered under the 
        subgrant;
          [(2) describe how the eligible entity will use the 
        subgrant funds to meet all annual measurable 
        achievement objectives described in section 3122;
          [(3) describe how the eligible entity will hold 
        elementary schools and secondary schools receiving 
        funds under this subpart accountable for--
                  [(A) meeting the annual measurable 
                achievement objectives described in section 
                3122;
                  [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                  [(C) annually measuring the English 
                proficiency of limited English proficient 
                children, so that such children served by the 
                programs carried out under this part develop 
                proficiency in English while meeting State 
                academic content and student academic 
                achievement standards as required by section 
                1111(b)(1);
          [(4) describe how the eligible entity will promote 
        parental and community participation in programs for 
        limited English proficient children;
          [(5) contain an assurance that the eligible entity 
        consulted with teachers, researchers, school 
        administrators, and parents, and, if appropriate, with 
        education-related community groups and nonprofit 
        organizations, and institutions of higher education, in 
        developing such plan; and
          [(6) describe how language instruction educational 
        programs carried out under the subgrant will ensure 
        that limited English proficient children being served 
        by the programs develop English proficiency.
  [(c) Teacher English Fluency.--Each eligible entity receiving 
a subgrant under section 3114 shall include in its plan a 
certification that all teachers in any language instruction 
educational program for limited English proficient children 
that is, or will be, funded under this part are fluent in 
English and any other language used for instruction, including 
having written and oral communications skills.
  [(d) Other Requirements for Approval.--Each local plan shall 
also contain assurances that--
          [(1) each local educational agency that is included 
        in the eligible entity is complying with section 3302 
        prior to, and throughout, each school year;
          [(2) the eligible entity annually will assess the 
        English proficiency of all children with limited 
        English proficiency participating in programs funded 
        under this part;
          [(3) the eligible entity has based its proposed plan 
        on scientifically based research on teaching limited 
        English proficient children;
          [(4) the eligible entity will ensure that the 
        programs will enable children to speak, read, write, 
        and comprehend the English language and meet 
        challenging State academic content and student academic 
        achievement standards; and
          [(5) the eligible entity is not in violation of any 
        State law, including State constitutional law, 
        regarding the education of limited English proficient 
        children, consistent with sections 3126 and 3127.]

SEC. 3116. LOCAL PLANS.

  (a) Plan Required.--Each eligible entity desiring a subgrant 
from a State educational agency under section 3114 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 scientifically valid programs and 
        activities proposed to be developed, implemented, and 
        administered under the subgrant, including how such 
        programs and activities will supplement programs 
        intended to enable children to speak, read, write, and 
        comprehend the English language, meet State academic 
        content and student academic achievement standards, and 
        graduate high school ready for college and careers;
          (2) describe how the eligible entity will hold 
        elementary schools and secondary schools receiving 
        funds under this subpart accountable for--
                  (A) assessing annually, in accordance with 
                section 1111, the English language proficiency 
                of all English learners participating in 
                programs funded under this subpart; and
                  (B) meeting timelines, progress criteria, and 
                performance targets for English learners in 
                order to ensure that such children served by 
                the programs carried out under this part--
                          (i) develop proficiency in English; 
                        and
                          (ii) master the academic content 
                        knowledge they need to meet the State's 
                        college and career ready academic 
                        content standards under section 
                        1111(a)(1);
          (3) describe how the eligible entity will promote 
        family and community member engagement;
          (4) describe how the eligible entity will consult 
        with teachers, researchers, school administrators, 
        parents, family and community members, and, if 
        appropriate, with education-related community groups 
        and nonprofit organizations, and institutions of higher 
        education, in developing and implementing such plan;
          (5) describe how language instruction educational 
        programs and academic content instruction programs 
        carried out under the subgrant will ensure that English 
        learners being served by the programs develop English 
        language proficiency and demonstrate such proficiency 
        through academic content mastery;
          (6) ensure that activities supported by funds 
        allocated to individual schools are described in any 
        general local school level-plan required by the 
        eligible entity, and in the absence of a required 
        school-level plan, such activities are described in a 
        separate school-level title III activity plan; and
          (7) contain an assurance that--
                  (A) the eligible entity is not in violation 
                of State law, including State constitutional 
                law, regarding the education of English 
                learners, consistent with sections 3124 through 
                3128;
                  (B) each local educational agency that is 
                included in the eligible entity complies with 
                section 3202 prior to, and throughout, each 
                school year; and
                  (C) systemic improvements for meeting the 
                needs of English learners and targeting funds 
                to particular concentrations of English 
                learners were considered in developing such 
                plan.
  (c) Teacher English Fluency.--Each eligible entity receiving 
a subgrant under this subpart 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 part are fluent in the languages used for 
instruction, including having written and oral communications 
skills.

           *       *       *       *       *       *       *


              Subpart 2--Accountability and Administration

[SEC. 3121. EVALUATIONS.]

  [(a) In General.--Each eligible entity that receives a 
subgrant from a State educational agency under subpart 1 shall 
provide such agency, at the conclusion of every second fiscal 
year during which the subgrant is received, with an evaluation, 
in a form prescribed by the agency, that includes--
          [(1) a description of the programs and activities 
        conducted by the entity with funds received under 
        subpart 1 during the two immediately preceding fiscal 
        years;
          [(2) a description of the progress made by children 
        in learning the English language and meeting 
        challenging State academic content and student academic 
        achievement standards;
          [(3) the number and percentage of children in the 
        programs and activities attaining English proficiency 
        by the end of each school year, as determined by a 
        valid and reliable assessment of English proficiency; 
        and
          [(4) a description of the progress made by children 
        in meeting challenging State academic content and 
        student academic achievement standards for each of the 
        2 years after such children are no longer receiving 
        services under this part.
  [(b) Use of Evaluation.--An evaluation provided by an 
eligible entity under subsection (a) shall be used by the 
entity and the State educational agency--
          [(1) for improvement of programs and activities;
          [(2) to determine the effectiveness of programs and 
        activities in assisting children who are limited 
        English proficient to attain English proficiency (as 
        measured consistent with subsection (d)) and meet 
        challenging State academic content and student academic 
        achievement standards; and
          [(3) in determining whether or not to continue 
        funding for specific programs or activities.
  [(c) Evaluation Components.--An evaluation provided by an 
eligible entity under subsection (a) shall--
          [(1) provide an evaluation of children enrolled in a 
        program or activity conducted by the entity using funds 
        under subpart 1 (including the percentage of children) 
        who--
                  [(A) are making progress in attaining English 
                proficiency, including the percentage of 
                children who have achieved English proficiency;
                  [(B) have transitioned into classrooms not 
                tailored to limited English proficient 
                children, and have a sufficient level of 
                English proficiency to permit them to achieve 
                in English and transition into classrooms not 
                tailored to limited English proficient 
                children;
                  [(C) are meeting the same challenging State 
                academic content and student academic 
                achievement standards as all children are 
                expected to meet; and
                  [(D) are not receiving waivers for the 
                reading or language arts assessments under 
                section 1111(b)(3)(C); and
          [(2) include such other information as the State 
        educational agency may require.
  [(d) Evaluation Measures.--A State shall approve evaluation 
measures for use under subsection (c) that are designed to 
assess--
          [(1) the progress of children in attaining English 
        proficiency, including a child's level of 
        comprehension, speaking, listening, reading, and 
        writing skills in English;
          [(2) student attainment of challenging State student 
        academic achievement standards on assessments described 
        in section 1111(b)(3); and
          [(3) progress in meeting the annual measurable 
        achievement objectives described in section 3122.
  [(e) Special Rule for Specially Qualified Agencies.--Each 
specially qualified agency receiving a grant under this part 
shall provide the evaluations described in subsection (a) to 
the Secretary subject to the same requirements as apply to 
eligible entities providing such evaluations to State 
educational agencies under such subsection.]

SEC. 3121. EVALUATIONS.

  (a) In General.--Each eligible entity that receives a 
subgrant from a State educational agency under subpart 1 shall 
provide such agency, at the conclusion of every second fiscal 
year during which the subgrant is received, with an evaluation 
of programs and services supported under this title, in a form 
prescribed by the agency, that includes--
          (1) a description of the programs and activities 
        conducted by the entity with funds received under 
        subpart 1 during the 2 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 improving their English language 
        proficiency, in meeting the State's academic content 
        and student academic achievement standards, and in 
        graduating from high school ready for college and 
        careers;
          (3) the number and percentage of English learners 
        participating in the programs and activities supported 
        by funds provided under this part, who by the end of 
        each school year, attain English language proficiency 
        in each of the 4 domains of reading, writing, speaking, 
        and listening, as determined by the State's English 
        language proficiency assessment and the number who exit 
        the language instruction educational programs based on 
        their attainment of English language proficiency on 
        such assessment;
          (4) a description of the progress made by former 
        English learners in meeting the State's academic 
        content and student academic achievement standards and 
        in graduating from high school and being college and 
        career ready, for each of the 3 years after such 
        individuals are no longer receiving services under this 
        part; and
          (5) the number and percentage of English learners who 
        have not attained English language proficiency within 5 
        years of first enrollment in the local educational 
        agency and initial classification as English learners.
  (b) Use of Evaluation.--An evaluation provided by an eligible 
entity under subsection (a) shall be used by the entity and the 
State educational agency--
          (1) to assess the progress of children in attaining 
        English language proficiency, including--
                  (A) a child's level of speaking, listening, 
                reading, and writing skills in English; and
                  (B) a child's progress in attaining the State 
                student academic achievement and college and 
                career readiness standards; and
          (2) to improve programs and activities, including by 
        determining the effectiveness of programs and 
        activities in increasing the English language 
        proficiency of English learners and making 
        determinations about whether or not to continue funding 
        for specific programs or activities.

           *       *       *       *       *       *       *


[SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.]

  [(a) Achievement Objectives.--
          [(1) In general.--Each State educational agency or 
        specially qualified agency receiving a grant under 
        subpart 1 shall develop annual measurable achievement 
        objectives for limited English proficient children 
        served under this part that relate to such children's 
        development and attainment of English proficiency while 
        meeting challenging State academic content and student 
        academic achievement standards as required by section 
        1111(b)(1).
          [(2) Development of objectives.--Such annual 
        measurable achievement objectives shall be developed in 
        a manner that--
                  [(A) reflects the amount of time an 
                individual child has been enrolled in a 
                language instruction educational program; and
                  [(B) uses consistent methods and measurements 
                to reflect the increases described in 
                subparagraphs (A)(i), (A)(ii), and (B) of 
                paragraph (3).
          [(3) Contents.--Such annual measurable achievement 
        objectives--
                  [(A) shall include--
                          [(i) at a minimum, annual increases 
                        in the number or percentage of children 
                        making progress in learning English;
                          [(ii) at a minimum, annual increases 
                        in the number or percentage of children 
                        attaining English proficiency by the 
                        end of each school year, as determined 
                        by a valid and reliable assessment of 
                        English proficiency consistent with 
                        section 1111(b)(7); and
                          [(iii) making adequate yearly 
                        progress for limited English proficient 
                        children as described in section 
                        1111(b)(2)(B); and
                  [(B) at the discretion of the agency, may 
                include the number or percentage of children 
                not receiving waivers for reading or language 
                arts assessments under section 1111(b)(3)(C), 
                but this achievement objective shall not be 
                applied to an eligible entity that, in a given 
                school year--
                          [(i) has experienced a large increase 
                        in limited English proficient children 
                        or immigrant children and youth;
                          [(ii) enrolls a statistically 
                        significant number of immigrant 
                        children and youth from countries where 
                        such children and youth had little or 
                        no access to formal education; or
                          [(iii) has a statistically 
                        significant number of immigrant 
                        children and youth who have fled from 
                        war or natural disaster.
  [(b) Accountability.--
          [(1) For states.--Each State educational agency 
        receiving a grant under subpart 1 shall hold eligible 
        entities receiving a subgrant under such subpart 
        accountable for meeting the annual measurable 
        achievement objectives under subsection (a), including 
        making adequate yearly progress for limited English 
        proficient children.
          [(2) Improvement plan.--If a State educational agency 
        determines, based on the annual measurable achievement 
        objectives described in subsection (a), that an 
        eligible entity has failed to make progress toward 
        meeting such objectives for 2 consecutive years, the 
        agency shall require the entity to develop an 
        improvement plan that will ensure that the entity meets 
        such objectives. The improvement plan shall 
        specifically address the factors that prevented the 
        entity from achieving such objectives.
          [(3) Technical assistance.--During the development of 
        the improvement plan described in paragraph (2), and 
        throughout its implementation, the State educational 
        agency shall--
                  [(A) provide technical assistance to the 
                eligible entity;
                  [(B) provide technical assistance, if 
                applicable, to schools served by such entity 
                under subpart 1 that need assistance to enable 
                the schools to meet the annual measurable 
                achievement objectives described in subsection 
                (a);
                  [(C) develop, in consultation with the 
                entity, professional development strategies and 
                activities, based on scientifically based 
                research, that the agency will use to meet such 
                objectives;
                  [(D) require such entity to utilize such 
                strategies and activities; and
                  [(E) develop, in consultation with the 
                entity, a plan to incorporate strategies and 
                methodologies, based on scientifically based 
                research, to improve the specific program or 
                method of instruction provided to limited 
                English proficient children.
          [(4) Accountability.--If a State educational agency 
        determines that an eligible entity has failed to meet 
        the annual measurable achievement objectives described 
        in subsection (a) for 4 consecutive years, the agency 
        shall--
                  [(A) require such entity to modify the 
                entity's curriculum, program, and method of 
                instruction; or
                  [(B)(i) make a determination whether the 
                entity shall continue to receive funds related 
                to the entity's failure to meet such 
                objectives; and
                  [(ii) require such entity to replace 
                educational personnel relevant to the entity's 
                failure to meet such objectives.
  [(c) Special Rule for Specially Qualified Agencies.--The 
Secretary shall hold specially qualified agencies receiving a 
grant under this subpart accountable for meeting the annual 
measurable achievement objectives described in subsection (a) 
in the same manner as State educational agencies hold eligible 
entities accountable under subsection (b).]

           *       *       *       *       *       *       *


SEC. [3123]3122. REPORTING REQUIREMENTS.

  (a) States.--Based upon the evaluations provided to a State 
educational agency under section 3121, each such agency that 
receives a grant under this part shall prepare and submit every 
second year to the Secretary a report on programs and 
activities carried out by the State educational agency under 
this part and the effectiveness of such programs and activities 
in improving the education provided to [children who are 
limited English proficient]English learners.
  (b) Secretary.--Every second year, 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]authorizing committees a report--
          (1) on programs and activities carried out to serve 
        [limited English proficient children]English learners 
        under this part, and the effectiveness of such programs 
        and activities in improving the academic achievement 
        and English proficiency of [children who are limited 
        English proficient]English learners;
          (2) on the types of language instruction educational 
        programs used by local educational agencies or eligible 
        entities receiving funding under this part to teach 
        [limited English proficient children]English learners;
          (3) * * *
          (4) containing a description of technical assistance 
        and other assistance provided by State educational 
        agencies under [section 3111(b)(2)(C)]section 
        3111(b)(2);
          (5) containing an estimate of the number of certified 
        or licensed teachers working in language instruction 
        educational programs and educating [limited English 
        proficient children]English learners, and an estimate 
        of the number of such teachers that will be needed for 
        the succeeding 5 fiscal years;
          (6) * * *

           *       *       *       *       *       *       *

          (8) containing the number of [limited English 
        proficient children]English learners served by eligible 
        entities receiving funding under this part who were 
        transitioned out of language instruction educational 
        programs funded under this part into classrooms where 
        instruction is not tailored for [limited English 
        proficient children]English learners; and
          (9) containing other information gathered from [the 
        evaluations from specially qualified agencies and]other 
        reports submitted to the Secretary under this title 
        when applicable.

           *       *       *       *       *       *       *


SEC. [3124]3123. COORDINATION WITH RELATED PROGRAMS.

  In order to maximize Federal efforts aimed at serving the 
educational needs of [children of limited English 
proficiency]English learners, the Secretary shall coordinate 
and ensure close cooperation with other entities carrying out 
programs serving [language-minority and limited English 
proficient children]language-minority children and English 
learners that are administered by the Department and other 
agencies.

           *       *       *       *       *       *       *


SEC. [3125]3124. RULES OF CONSTRUCTION.

  Nothing in this part shall be construed--
          (1) to prohibit a local educational agency from 
        serving [limited English proficient children]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 [limited English 
        proficient children]English learners; [or]
          (3) to limit the preservation or use of Native 
        American languages[.]; or
          (4) to require an eligible entity to cease providing 
        services under this title to any student who may have 
        been assessed at or above the proficiency level on the 
        annual assessment of English language proficiency under 
        section 1111(a)(2)(D), but has not attained, or is not 
        on track to attain, the proficiency level on the 
        regular State academic content assessment under section 
        1111(a)(2)(A), including such assessment in English or 
        language arts.

           *       *       *       *       *       *       *


SEC. [3126]3125. LEGAL AUTHORITY UNDER STATE LAW.

  * * *

           *       *       *       *       *       *       *


SEC. [3127]3126. CIVIL RIGHTS.

  * * *

           *       *       *       *       *       *       *


SEC. [3128]3127. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

  * * *

           *       *       *       *       *       *       *


SEC. [3129]3128. PROHIBITION.

  In carrying out this part, the Secretary shall neither 
mandate nor preclude the use of a particular curricular or 
pedagogical approach to educating [limited English proficient 
children]English learners.

           *       *       *       *       *       *       *


                     Subpart 3--National Activities

[SEC. 3131. [20 U.S.C. 6861] NATIONAL PROFESSIONAL DEVELOPMENT 
                    PROJECT.]

  [The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a 
period of not more than 5 years, to institutions of higher 
education (in consortia with State educational agencies or 
local educational agencies) to provide for professional 
development activities that will improve classroom instruction 
for limited English proficient children 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 limited English proficient children. Grants 
awarded under this subsection may be used--
          [(1) for preservice 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 appropriate to 
        the needs of the consortia participants involved; and
          [(3) in conjunction with other Federal need-based 
        student financial assistance programs, for financial 
        assistance, and costs related to tuition, fees, and 
        books for enrolling in courses required to complete the 
        degree involved, to meet certification or licensing 
        requirements for teachers who work in language 
        instruction educational programs or serve limited 
        English proficient children.]

SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS.

  The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a 
period of not more than 5 years, to institutions of higher 
education or nonprofit institutions with relevant experience or 
expertise 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 and academic content instruction programs or serve 
English learners. Grants awarded under this section may be used 
to--
          (1) support partnerships between State or local 
        educational agencies and institutions of higher 
        education to support the work of individuals who are 
        completing baccalaureate and masters programs (such as 
        programs in the areas of teacher training, program 
        administration, policy, research, evaluation, 
        assessment, and curriculum development) and to improve 
        educational services and programs for English learners, 
        provided that recipients of fellowships or assistance 
        are required, on completion of their studies, to--
                  (A) assist in the education of English 
                learners through work in a school, local 
                educational agency, or other educational agency 
                or organization for a period of time equivalent 
                to the period of time during which an 
                individual receives assistance under this 
                section; or
                  (B) repay all or a prorated part of their 
                assistance under this section;
          (2) support research on promising instructional 
        strategies or programs that have practical applications 
        for teachers, counselors, parents and family members, 
        school leaders, and others responsible for educating or 
        improving the education of English learners and their 
        families;
          (3) support strategies that promote school readiness 
        for English learners and their transition from early 
        childhood programs, such as Head Start or State-run 
        preschool programs, to elementary school programs;
          (4) support strategies that promote high school 
        graduation for English learners;
          (5) support strategies that strengthen and increase 
        family and community member engagement in education;
          (6) support the development of curricula that are 
        appropriate to the needs of the participating 
        consortium; and
          (7) support the dissemination of information gathered 
        in accordance with paragraphs (1) through (5), 
        particularly evidence-based best practices and the 
        provision of technical assistance.

SEC. 3132. COMMISSION ON ASSESSMENT OF ENGLISH LEARNERS.

  (a) Commission on Assessment of English Learners.--
          (1) In general.--The Secretary shall establish an 
        independent commission on the assessment and 
        advancement of English learners (referred to in this 
        section as the ``commission'') to carry out the 
        activities described in subsection (c).
          (2) Date of appointment.--The members of the 
        commission shall be appointed not later than 6 months 
        after the date of enactment of the Elementary and 
        Secondary Education Reauthorization Act of 2011.
  (b) Composition.--
          (1) In general.--The commission shall be comprised of 
        individuals with experience and expertise in the 
        educational advancement and development of English 
        learners, including individuals with expertise in--
                  (A) the art of teaching English to speakers 
                of other languages;
                  (B) measurement and educational assessment 
                systems; and
                  (C) educational assessment and accountability 
                practices.
          (2) Expertise of members.--The Secretary shall ensure 
        that the individuals selected in accordance with 
        paragraph (1) are experts who are competent, by virtue 
        of their training, expertise, or experience, to 
        evaluate instruction, assessments, and models for 
        English learners.
  (c) Duties of the Commission.--The commission shall provide 
the Secretary with advice and recommendations about the 
following issues:
          (1) The development and approval of standards 
        pertaining to English learners, in order to assist the 
        Secretary in the review and approval of statewide 
        accountability systems that are required under section 
        1111(a)(3).
          (2) The provision of regulations and guidance 
        pertaining to the inclusion of English learners in 
        assessment and accountability systems, including 
        recommendations about appropriate accommodations and 
        appropriate weights for assessments involving English 
        learners.
          (3) Ensuring that State English language proficiency 
        standards under section 1111(a)(1)(E) are properly 
        aligned with college and career ready academic content 
        standards under section 1111(a)(1).
          (4) The formation of peer review panels, under 
        section 1111(b)(4), with regard to--
                  (A) the inclusion on the panels of experts 
                about English learners; and
                  (B) processes to ensure that the work of the 
                peer review panel is consistent with the 
                standards and guidance developed by the 
                commission.
          (5) Identifying ways to support local capacity-
        building efforts to assist local educational agencies 
        and schools in properly supporting English learners.
          (6) Ensuring that the research, development, and 
        dissemination activities of the Department address 
        identified gaps in knowledge for effectively including 
        English learners in assessment and accountability 
        practices.
          (7) Ways to address the needs of English learners in 
        all program planning at the Department, including 
        inter- and intra-agency coordination.
  (d) Annual Report.--The commission shall, beginning not later 
than 1 year after the date on which all members of the 
commission have been appointed, submit an annual report to the 
Secretary and the authorizing committees of Congress containing 
the findings and recommendations described in subsection (c).

           *       *       *       *       *       *       *


                        [Subpart 4--Definitions]

[SEC. 3141. [20 U.S.C. 6871] ELIGIBLE ENTITY.]

  [In this part, the term ``eligible entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.]

           *       *       *       *       *       *       *


     [PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS]

[SEC. 3201. SHORT TITLE.]

  [This part may be cited as the ``Improving Language 
Instruction Educational Programs For Academic Achievement 
Act''.]

[SEC. 3202. [20 U.S.C. 6892] PURPOSE.]

  [The purpose of this part is to help ensure that limited 
English proficient children master English and meet the same 
rigorous standards for academic achievement as all children are 
expected to meet, including meeting challenging State academic 
content and student academic achievement standards by--
          [(1) promoting systemic improvement and reform of, 
        and developing accountability systems for, educational 
        programs serving limited English proficient children;
          [(2) developing language skills and multicultural 
        understanding;
          [(3) developing the English proficiency of limited 
        English proficient children and, to the extent 
        possible, the native language skills of such children;
          [(4) providing similar assistance to Native Americans 
        with certain modifications relative to the unique 
        status of Native American languages under Federal law;
          [(5) developing data collection and dissemination, 
        research, materials, and technical assistance that are 
        focused on school improvement for limited English 
        proficient children; and
          [(6) developing programs that strengthen and improve 
        the professional training of educational personnel who 
        work with limited English proficient children.]

[SEC. 3203. [20 U.S.C. 6893] NATIVE AMERICAN CHILDREN IN SCHOOL.]

  [(a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary 
schools, secondary schools, and postsecondary schools operated 
predominately for Native American (including Alaska Native) 
children and youth, an Indian tribe, a tribally sanctioned 
educational authority, a Native Hawaiian or Native American 
Pacific Islander native language education organization, or an 
elementary school or secondary school that is operated or 
funded by the Bureau of Indian Affairs shall be considered to 
be a local educational agency.
  [(b) Application.--Notwithstanding any other provision of 
this part, each tribe, authority, organization, or school 
described in subsection (a) shall submit any application for 
assistance under this part directly to the Secretary along with 
timely comments on the need for the program proposed in the 
application. ]

[SEC. 3204. [20 U.S.C. 6894] RESIDENTS OF THE TERRITORIES AND FREELY 
                    ASSOCIATED STATES.]

  [For the purpose of carrying out programs under this part in 
the outlying areas, the term ``local educational agency'' 
includes public institutions or agencies whose mission is the 
preservation and maintenance of native languages.]

[SEC. 3211. [20 U.S.C. 6911] FINANCIAL ASSISTANCE FOR LANGUAGE 
                    INSTRUCTION EDUCATIONAL PROGRAMS.]

  [The purpose of this subpart is to assist local educational 
agencies, institutions of higher education, and community-based 
organizations, through the grants authorized under sections 
3212 and 3213--
          [(1) to develop and enhance their capacity to provide 
        high-quality instruction through language instruction 
        educational programs or special alternative instruction 
        programs to limited English proficient children; and
          [(2) to help such children--
                  [(A) develop English proficiency and, to the 
                extent possible, proficiency in their native 
                language; and
                  [(B) meet the same challenging State academic 
                content and student academic achievement 
                standards as all children are expected to meet 
                under section 1111(b)(1).]

[SEC. 3212. [20 U.S.C. 6912] PROGRAM ENHANCEMENT ACTIVITIES.]

  [(a) Program Authorized.--
          [(1) Authority.--
                  [(A) In general.--The Secretary is authorized 
                to award grants to eligible entities having 
                applications approved under section 3214 to 
                enable such entities to provide innovative, 
                locally designed, high-quality instruction to 
                limited English proficient children, by 
                expanding, developing, or strengthening 
                language instruction educational programs or 
                special alternative instruction programs.
                  [(B) Period.--Each grant awarded under this 
                section shall be awarded for a period of 3 
                years.
          [(2) Authorized activities.--
                  [(A) Mandatory activities.--Grants awarded 
                under this section shall be used for--
                          [(i) developing, implementing, 
                        expanding, or enhancing comprehensive 
                        preschool, elementary, or secondary 
                        education programs for limited English 
                        proficient children, that are--
                                  [(I) aligned with State and 
                                local academic content and 
                                student academic achievement 
                                standards, and local school 
                                reform efforts; and
                                  [(II) coordinated with 
                                related academic services for 
                                children;
                          [(ii) providing high-quality 
                        professional development to classroom 
                        teachers, administrators, and other 
                        school or community-based organization 
                        personnel to improve the instruction 
                        and assessment of limited English 
                        proficient children; and
                          [(iii) annually assessing the English 
                        proficiency of all limited English 
                        proficient children served by 
                        activities carried out under this 
                        section.
                  [(B) Permissible activities.--Grants awarded 
                under this section may be used for--
                          [(i) implementing programs to upgrade 
                        the reading and other academic skills 
                        of limited English proficient children;
                          [(ii) developing accountability 
                        systems to monitor the academic 
                        progress of limited English proficient 
                        and formerly limited English proficient 
                        children;
                          [(iii) implementing family education 
                        programs and parent outreach and 
                        training activities designed to assist 
                        parents to become active participants 
                        in the education of their children;
                          [(iv) improving the instruction 
                        programs for limited English proficient 
                        children by identifying, acquiring, and 
                        applying effective curricula, 
                        instruction materials (including 
                        materials provided through technology), 
                        and assessments that are all aligned 
                        with State and local standards;
                          [(v) providing intensified 
                        instruction, including tutorials and 
                        academic, or vocational and technical, 
                        training, for limited English 
                        proficient children;
                          [(vi) adapting best practice models 
                        for meeting the needs of limited 
                        English proficient children;
                          [(vii) assisting limited English 
                        proficient children with disabilities;
                          [(viii) implementing applied learning 
                        activities such as service learning to 
                        enhance and support comprehensive 
                        elementary and secondary language 
                        instruction educational programs;
                          [(ix) acquiring or developing 
                        education technology or instruction 
                        materials for limited English 
                        proficient children, including 
                        materials in languages other than 
                        English;
                          [(x) participating in electronic 
                        networks for materials, training, and 
                        communication, and incorporating 
                        information derived from such 
                        participation in curricula and 
                        programs; and
                          [(xi) carrying out such other 
                        activities related to the purpose of 
                        this part as the Secretary may approve.
  [(b) Priority.--In awarding grants under this section, the 
Secretary may give priority to an entity that--
          [(1) serves a school district--
                  [(A) that has a total district enrollment 
                that is less than 10,000 students; or
                  [(B) with a large percentage or number of 
                limited English proficient children; and
          [(2) has limited or no experience in serving limited 
        English proficient children.
  [(c) Eligible Entity.--In this section, the term ``eligible 
entity'' means--
          [(1) one or more local educational agencies;
          [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency; or
          [(3) a community-based organization or an institution 
        of higher education that has an application approved by 
        the local educational agency to participate in programs 
        carried out under this subpart by enhancing early 
        childhood education or family education programs or 
        conducting instruction programs that supplement the 
        educational services provided by a local educational 
        agency.]

[SEC. 3213. [20 U.S.C. 6913] COMPREHENSIVE SCHOOL AND SYSTEMWIDE 
                    IMPROVEMENT ACTIVITIES.]

  [(a) Program Authorized.--
          [(1) Authority.--The Secretary is authorized to award 
        grants to eligible entities having applications 
        approved under section 3214 to enable such entities to 
        develop and implement language instruction educational 
        programs, and improve, reform, or upgrade programs or 
        operations that serve significant percentages or 
        numbers of limited English proficient children.
          [(2) Mandatory activities.--Grants awarded under this 
        section shall be used for--
                  [(A) improving instruction programs for 
                limited English proficient children by 
                acquiring and upgrading curricula and related 
                instruction materials;
                  [(B) aligning the activities carried out 
                under this section with State and local school 
                reform efforts;
                  [(C) providing training, aligned with State 
                and local standards, to school personnel and 
                participating community-based organization 
                personnel to improve the instruction and 
                assessment of limited English proficient 
                children;
                  [(D) developing and implementing plans, 
                coordinated with plans for programs carried out 
                under title II of the Higher Education Act of 
                1965 (where applicable), and title II of this 
                Act (where applicable), to recruit teachers 
                trained to serve limited English proficient 
                children;
                  [(E) implementing culturally and 
                linguistically appropriate family education 
                programs, or parent outreach and training 
                activities, that are designed to assist parents 
                of limited English proficient children to 
                become active participants in the education of 
                their children;
                  [(F) coordinating the activities carried out 
                under this section with other programs, such as 
                programs carried out under this title;
                  [(G) providing services to meet the full 
                range of the educational needs of limited 
                English proficient children;
                  [(H) annually assessing the English 
                proficiency of all limited English proficient 
                children served by the activities carried out 
                under this section; and
                  [(I) developing or improving accountability 
                systems to monitor the academic progress of 
                limited English proficient children.
          [(3) Permissible activities.--Grants awarded under 
        this section may be used for--
                  [(A) implementing programs to upgrade reading 
                and other academic skills of limited English 
                proficient children;
                  [(B) developing and using educational 
                technology to improve learning, assessments, 
                and accountability to meet the needs of limited 
                English proficient children;
                  [(C) implementing scientifically based 
                research programs to meet the needs of limited 
                English proficient children;
                  [(D) providing tutorials and academic, or 
                vocational and technical, training for limited 
                English proficient children;
                  [(E) developing and implementing State and 
                local academic content and student academic 
                achievement standards for learning English as a 
                second language, as well as for learning other 
                languages;
                  [(F) developing and implementing programs for 
                limited English proficient children to meet the 
                needs of changing populations of such children;
                  [(G) implementing policies to ensure that 
                limited English proficient children have access 
                to other education programs (other than 
                programs designed to address limited English 
                proficiency);
                  [(H) assisting limited English proficient 
                children with disabilities;
                  [(I) developing and implementing programs to 
                help children become proficient in English and 
                other languages;
                  [(J) acquiring or developing education 
                technology or instruction materials for limited 
                English proficient children, including 
                materials in languages other than English;
                  [(K) participating in electronic networks for 
                materials, training, and communication and 
                incorporating information derived from such 
                participation in curricula and programs; and
                  [(L) carrying out such other activities 
                related to the purpose of this part as the 
                Secretary may approve.
          [(4) Special rule.--
                  [(A) Planning.--A recipient of a grant under 
                this section, before carrying out activities 
                under this section, shall plan, train 
                personnel, develop curricula, and acquire or 
                develop materials, but shall not use funds made 
                available under this section for planning 
                purposes for more than 45 days.
                  [(B) Commencement of activities.--The 
                recipient shall commence carrying out 
                activities under this section not later than 
                the later of--
                          [(i) the beginning of the first 
                        school year that begins after the grant 
                        is received; or
                          [(ii) 30 days after the date of 
                        receipt of the grant.
  [(b) Availability of Appropriations.--
          [(1) Reservation of funds for continued payments.--
                  [(A) Covered grant.--In this paragraph, the 
                term ``covered grant'' means a grant--
                          [(i) that was awarded under section 
                        7112, 7113, 7114, or 7115 (as such 
                        sections were in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); and
                          [(ii) for which the grant period has 
                        not ended.
                  [(B) Reservation.--For any fiscal year that 
                is part of the grant period of a covered grant, 
                the Secretary shall reserve funds for the 
                payments described in subparagraph (C) from the 
                amount appropriated for the fiscal year under 
                section 3001(a) and made available for carrying 
                out this section.
                  [(C) Payments.--The Secretary shall continue 
                to make grant payments to each entity that 
                received a covered grant, in accordance with 
                the terms of that grant, for the duration of 
                the grant period of the grant, to carry out 
                activities in accordance with the appropriate 
                section described in subparagraph (A)(i).
          [(2) Availability.--Of the amount appropriated for a 
        fiscal year under section 3001(a) that is made 
        available to carry out this section, and that remains 
        after the Secretary reserves funds for payments under 
        paragraph (1)--
                  [(A) not less than one-third of the remainder 
                shall be used to award grants to eligible 
                entities for activities carried out within an 
                entire school district; and
                  [(B) not less than two-thirds of the 
                remainder shall be used to award grants to 
                eligible entities for activities carried out 
                within individual schools.
  [(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an applicant that--
          [(1) experiences a significant increase in the number 
        or percentage of limited English proficient children 
        enrolled in the applicant's programs and has limited or 
        no experience in serving limited English proficient 
        children;
          [(2) is a local educational agency that serves a 
        school district that has a total district enrollment 
        that is less than 10,000 students;
          [(3) demonstrates that the applicant has a proven 
        track record of success in helping limited English 
        proficient children learn English and meet high 
        academic standards; or
          [(4) serves a school district with a large number or 
        percentage of limited English proficient children.
  [(d) Eligible Entities.--In this section, the term ``eligible 
entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.]

[SEC. 3214. [20 U.S.C. 6914] APPLICATIONS.]

  [(a) In General.--
          [(1) Secretary.--To receive a grant under this 
        subpart, an eligible entity described in section 3212 
        or 3213 shall submit an application to the Secretary at 
        such time, in such form, and containing such 
        information as the Secretary may require.
          [(2) State educational agency.--The eligible entity, 
        with the exception of schools funded by the Bureau of 
        Indian Affairs, shall submit a copy of the application 
        submitted by the entity under this section to the State 
        educational agency.
  [(b) State Review and Comments.--
          [(1) Deadline.--The State educational agency, not 
        later than 45 days after receipt of an application 
        under this section, shall review the application and 
        submit the written comments of the agency regarding the 
        application to the Secretary.
          [(2) Comments.--
                  [(A) Submission of comments.--Regarding 
                applications submitted under this subpart, the 
                State educational agency shall--
                          [(i) submit to the Secretary written 
                        comments regarding all such 
                        applications; and
                          [(ii) submit to each eligible entity 
                        the comments that pertain to such 
                        entity.
                  [(B) Subject.--For purposes of this subpart, 
                such comments shall address--
                          [(i) how the activities to be carried 
                        out under the grant will further the 
                        academic achievement and English 
                        proficiency of limited English 
                        proficient children served under the 
                        grant; and
                          [(ii) how the grant application is 
                        consistent with the State plan required 
                        under section 1111.
  [(c) Eligible Entity Comments.--An eligible entity may submit 
to the Secretary comments that address the comments submitted 
by the State educational agency.
  [(d) Comment Consideration.--In making grants under this 
subpart, the Secretary shall take into consideration comments 
made by State educational agencies.
  [(e) Waiver.--Notwithstanding subsection (b), the Secretary 
is authorized to waive the review requirement specified in 
subsection (b) if a State educational agency can demonstrate 
that such review requirement may impede such agency's ability 
to fulfill the requirements of participation in the program 
authorized in section 3224, particularly such agency's ability 
to carry out data collection efforts and such agency's ability 
to provide technical assistance to local educational agencies 
not receiving funds under this subpart.
  [(f) Required Documentation.--Such application shall include 
documentation that--
          [(1) the applicant has the qualified personnel 
        required to develop, administer, and implement the 
        program proposed in the application; and
          [(2) the leadership personnel of each school 
        participating in the program have been involved in the 
        development and planning of the program in the school.
  [(g) Contents.--
          [(1) In general.--An application for a grant under 
        this subpart shall contain the following:
                  [(A) A description of the need for the 
                proposed program, including--
                          [(i) data on the number of limited 
                        English proficient children in the 
                        school or school district to be served;
                          [(ii) information on the 
                        characteristics of the children, 
                        including--
                                  [(I) the native languages of 
                                the children;
                                  [(II) the proficiency of the 
                                children in English and their 
                                native language;
                                  [(III) achievement data 
                                (current as of the date of 
                                submission of the application) 
                                for the limited English 
                                proficient children in--
                                          [(aa) reading or 
                                        language arts (in 
                                        English and in the 
                                        native language, if 
                                        applicable); and
                                          [(bb) mathematics;
                                  [(IV) a comparison of that 
                                data for the children with that 
                                data for the English proficient 
                                peers of the children; and
                                  [(V) the previous schooling 
                                experiences of the children;
                          [(iii) the professional development 
                        needs of the instruction personnel who 
                        will provide services for the limited 
                        English proficient children under the 
                        proposed program; and
                          [(iv) how the services provided 
                        through the grant will supplement the 
                        basic services provided to limited 
                        English proficient children.
                  [(B) A description of the program to be 
                implemented and how such program's design--
                          [(i) relates to the linguistic and 
                        academic needs of the limited English 
                        proficient children to be served;
                          [(ii) will ensure that the services 
                        provided through the program will 
                        supplement the basic services the 
                        applicant provides to limited English 
                        proficient children;
                          [(iii) will ensure that the program 
                        is coordinated with other programs 
                        under this Act and other Acts;
                          [(iv) involves the parents of the 
                        limited English proficient children to 
                        be served;
                          [(v) ensures accountability in 
                        achieving high academic standards; and
                          [(vi) promotes coordination of 
                        services for the limited English 
                        proficient children to be served and 
                        their families.
                  [(C) A description, if appropriate, of the 
                applicant's collaborative activities with 
                institutions of higher education, community-
                based organizations, local educational agencies 
                or State educational agencies, private schools, 
                nonprofit organizations, or businesses in 
                carrying out the proposed program.
                  [(D) An assurance that the applicant will not 
                reduce the level of State and local funds that 
                the applicant expends for language instruction 
                educational programs or special alternative 
                instruction programs if the applicant receives 
                an award under this subpart.
                  [(E) An assurance that the applicant will 
                employ teachers in the proposed program who, 
                individually or in combination, are proficient 
                in--
                          [(i) English, with respect to 
                        written, as well as oral, communication 
                        skills; and
                          [(ii) the native language of the 
                        majority of the children who the 
                        teachers teach, if instruction in the 
                        program is in the native language as 
                        well as English.
                  [(F) A budget for the grant funds.
          [(2) Additional information.--Each application for a 
        grant under section 3213 shall--
                  [(A) describe--
                          [(i) current services (as of the date 
                        of submission of the application) the 
                        applicant provides to limited English 
                        proficient children;
                          [(ii) what services limited English 
                        proficient children will receive under 
                        the grant that such children will not 
                        otherwise receive;
                          [(iii) how funds received under this 
                        subpart will be integrated with all 
                        other Federal, State, local, and 
                        private resources that may be used to 
                        serve limited English proficient 
                        children;
                          [(iv) specific achievement and school 
                        retention goals for the children to be 
                        served by the proposed program and how 
                        progress toward achieving such goals 
                        will be measured; and
                          [(v) the current family education 
                        programs (as of the date of submission 
                        of the application) of the eligible 
                        entity, if applicable; and
                  [(B) provide assurances that--
                          [(i) the program funded with the 
                        grant will be integrated with the 
                        overall educational program of the 
                        children served through the proposed 
                        program; and
                          [(ii) the application has been 
                        developed in consultation with parents 
                        and other representatives of the 
                        children to be served in such program.
  [(h) Approval of Applications.--An application for a grant 
under this subpart may be approved only if the Secretary 
determines that--
          [(1) the program proposed in the application will use 
        qualified personnel, including personnel who are 
        proficient in the language or languages used for 
        instruction;
          [(2) in designing the program, the eligible entity 
        has, after consultation with appropriate private school 
        officials--
                  [(A) taken into account the needs of children 
                in nonprofit private elementary schools and 
                secondary schools; and
                  [(B) in a manner consistent with the number 
                of such children enrolled in such schools in 
                the area to be served, whose educational needs 
                are of the type and whose language, and grade 
                levels are of a similar type to the needs, 
                language, and grade levels that the program is 
                intended to address, provided for the 
                participation of such children on a basis 
                comparable to the basis on which public school 
                children participate;
          [(3)(A) student evaluation and assessment procedures 
        in the program are valid and reliable for limited 
        English proficient children; and
          [(B) limited English proficient children with 
        disabilities will be identified and served through the 
        program in accordance with the requirements of the 
        Individuals with Disabilities Education Act;
          [(4) Federal funds made available for the program 
        will be used to supplement the State and local funds 
        that, in the absence of such Federal funds, would be 
        expended for special programs for children of limited 
        English proficient individuals, and in no case to 
        supplant such State and local funds, except that 
        nothing in this paragraph shall be construed to 
        preclude a local educational agency from using funds 
        made available under this subpart--
                  [(A) for activities carried out under an 
                order of a Federal or State court respecting 
                services to be provided to such children; or
                  [(B) to carry out a plan approved by the 
                Secretary as adequate under title VI of the 
                Civil Rights Act of 1964 with respect to 
                services to be provided to such children;
          [(5)(A) the assistance provided through the grant 
        will contribute toward building the capacity of the 
        eligible entity to provide a program on a regular 
        basis, similar to the proposed program, that will be of 
        sufficient size, scope, and quality to promise 
        significant improvement in the education of limited 
        English proficient children; and
          [(B) the eligible entity will have the resources and 
        commitment to continue the program of sufficient size, 
        scope, and quality when assistance under this subpart 
        is reduced or no longer available; and
          [(6) the eligible entity will use State and national 
        dissemination sources for program design and 
        dissemination of results and products.
  [(i) Consideration.--In determining whether to approve an 
application under this subpart, the Secretary shall give 
consideration to--
          [(1) the degree to which the program for which 
        assistance is sought involves the collaborative efforts 
        of institutions of higher education, community-based 
        organizations, the appropriate local educational agency 
        and State educational agency, or businesses; and
          [(2) whether the application provides for training 
        for personnel participating in, or preparing to 
        participate in, a program that will assist such 
        personnel in meeting State and local certification 
        requirements.]

[SEC. 3215. [20 U.S.C. 6915] CAPACITY BUILDING.]

  [Each recipient of a grant under this subpart shall use the 
grant in ways that will build such recipient's capacity to 
continue to offer high-quality language instruction educational 
programs and special alternative instruction programs to 
limited English proficient children after Federal assistance is 
reduced or eliminated.]

[SEC. 3216. [20 U.S.C. 6916] PROGRAMS FOR NATIVE AMERICANS AND PUERTO 
                    RICO.]

  [Notwithstanding any other provision of this part, 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.]

[SEC. 3217. [20 U.S.C. 6917] EVALUATIONS.]

  [(a) Evaluation.--Each recipient of funds under this subpart 
for a program shall annually conduct an evaluation of the 
program and submit to the Secretary a report concerning the 
evaluation, in the form prescribed by the Secretary.
  [(b) Use of Evaluation.--Such evaluation shall be used by the 
grant recipient--
          [(1) for program improvement;
          [(2) to further define the program's goals and 
        objectives; and
          [(3) to determine program effectiveness.
  [(c) Evaluation Report Components.--In preparing the 
evaluation reports, the recipient shall--
          [(1) use the data provided in the application 
        submitted by the recipient under section 3214 as 
        baseline data against which to report academic 
        achievement and gains in English proficiency for 
        children in the program;
          [(2) disaggregate the results of the evaluation by 
        gender, native languages spoken by children, 
        socioeconomic status, and whether the children have 
        disabilities;
          [(3) include data on the progress of the recipient in 
        achieving the objectives of the program, including data 
        demonstrating the extent to which children served by 
        the program are meeting the challenging State academic 
        content and student academic achievement standards, and 
        including data comparing limited English proficient 
        children with English proficient children with regard 
        to school retention and academic achievement 
        concerning--
                  [(A) reading and language arts;
                  [(B) English proficiency;
                  [(C) mathematics; and
                  [(D) the native language of the children, if 
                the program develops native language 
                proficiency;
          [(4) include information on the extent that 
        professional development activities carried out through 
        the program have resulted in improved classroom 
        practices and improved student academic achievement;
          [(5) include description of how the activities 
        carried out through the program are coordinated and 
        integrated with the other Federal, State, or local 
        programs serving limited English proficient children; 
        and
          [(6) include such other information as the Secretary 
        may require.]

[SEC. 3218. [20 U.S.C. 6918] CONSTRUCTION.]

  [Nothing in this subpart shall be construed to prohibit a 
local educational agency from serving limited English 
proficient children simultaneously with children with similar 
educational needs, in the same educational settings where 
appropriate.]

          [Subpart 2--Research, Evaluation, and Dissemination]

[SEC. 3221. [20 U.S.C. 6931] AUTHORITY.]

  [(a) In General.--The Secretary is authorized to conduct data 
collection, dissemination, research, and ongoing program 
evaluation activities in accordance with the provisions of this 
subpart for the purpose of improving language instruction 
educational programs and special alternative instruction 
programs for limited English proficient children.
  [(b) Competitive Awards.--Research and program evaluation 
activities carried out under this subpart shall be supported 
through competitive grants, contracts, and cooperative 
agreements awarded to institutions of higher education, 
nonprofit organizations, State educational agencies, and local 
educational agencies.
  [(c) Administration.--The Secretary shall conduct data 
collection, dissemination, and ongoing program evaluation 
activities authorized by this subpart through the Office of 
English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students.]

[SEC. 3222. [20 U.S.C. 6932] RESEARCH.]

  [(a) Administration.--The Secretary shall conduct research 
activities authorized by this subpart through the Institute of 
Education Sciences in coordination and collaboration with the 
Office of English Language Acquisition, Language Enhancement, 
and Academic Achievement for Limited English Proficient 
Students.
  [(b) Requirements.--Such research activities--
          [(1) shall have a practical application to teachers, 
        counselors, paraprofessionals, school administrators, 
        parents, and others involved in improving the education 
        of limited English proficient children and their 
        families;
          [(2) may include research on effective instruction 
        practices for multilingual classes, and on effective 
        instruction strategies to be used by a teacher or other 
        staff member who does not know the native language of a 
        limited English proficient child in the teacher's or 
        staff member's classroom;
          [(3) may include establishing (through the National 
        Center for Education Statistics in consultation with 
        experts in second language acquisition and 
        scientifically based research on teaching limited 
        English proficient children) a common definition of 
        ``limited English proficient child'' for purposes of 
        national data collection; and
          [(4) shall be administered by individuals with 
        expertise in second language acquisition, 
        scientifically based research on teaching limited 
        English proficient children, and the needs of limited 
        English proficient children and their families.
  [(c) Field-Initiated Research.--
          [(1) In general.--The Secretary shall reserve not 
        less than 5 percent of the funds made available to 
        carry out this section for field-initiated research 
        conducted by recipients of grants under subpart 1 or 
        this subpart who have received such grants within the 
        previous 5 years. Such research may provide for 
        longitudinal studies of limited English proficient 
        children or teachers who serve such children, 
        monitoring the education of such children from entry 
        into language instruction educational programs through 
        secondary school completion.
          [(2) Applications.--An applicant for assistance under 
        this subsection may submit an application for such 
        assistance to the Secretary at the same time as the 
        applicant submits another application under subpart 1 
        or this subpart. The Secretary shall complete a review 
        of such applications on a timely basis to allow the 
        activities carried out under research and program 
        grants to be coordinated when recipients are awarded 
        two or more of such grants.
  [(d) Consultation.--The Secretary shall consult with 
agencies, organizations, and individuals that are engaged in 
research and practice on the education of limited English 
proficient children, language instruction educational programs, 
or related research, to identify areas of study and activities 
to be funded under this section.
  [(e) Data Collection.--The Secretary shall provide for the 
collection of data on limited English proficient children as 
part of the data systems operated by the Department.]

[SEC. 3223. [20 U.S.C. 6933] ACADEMIC EXCELLENCE AWARDS.]

  [(a) Authority.--The Secretary may make grants to State 
educational agencies to assist the agencies in recognizing 
local educational agencies and other public and nonprofit 
entities whose programs have--
          [(1) demonstrated significant progress in assisting 
        limited English proficient children to learn English 
        according to age appropriate and developmentally 
        appropriate standards; and
          [(2) demonstrated significant progress in assisting 
        limited English proficient children to meet, according 
        to age appropriate and developmentally appropriate 
        standards, the same challenging State academic content 
        and student academic achievement standards as all 
        children are expected to meet.
  [(b) Applications.--A State educational agency desiring a 
grant under this section shall include an application for such 
grant in the application submitted by the agency under section 
3224(e).]

[SEC. 3224. [20 U.S.C. 6934] STATE GRANT PROGRAM.]

  [(a) State Grant Program.--The Secretary is authorized to 
make an award to a State educational agency that demonstrates, 
to the satisfaction of the Secretary, that such agency, through 
such agency's programs and other Federal education programs, 
effectively provides for the education of limited English 
proficient children within the State.
  [(b) Payments.--The amount paid to a State educational agency 
under subsection (a) shall not exceed 5 percent of the total 
amount awarded to local educational agencies and entities 
within the State under subpart 1 for the previous fiscal year, 
except that in no case shall the amount paid by the Secretary 
to any State educational agency under this subsection for any 
fiscal year be less than $100,000.
  [(c) Use of Funds.--
          [(1) In general.--A State educational agency shall 
        use funds awarded under this section--
                  [(A) to assist local educational agencies in 
                the State with activities that--
                          [(i) consist of program design, 
                        capacity building, assessment of 
                        student academic achievement, program 
                        evaluation, and development of data 
                        collection and accountability systems 
                        for limited English proficient 
                        children; and
                          [(ii) are aligned with State reform 
                        efforts; and
                  [(B) to collect data on the State's limited 
                English proficient populations and document the 
                services available to all such populations.
          [(2) Training.--The State educational agency may also 
        use funds provided under this section for the training 
        of State educational agency personnel in educational 
        issues affecting limited English proficient children.
          [(3) Special rule.--Recipients of funds under this 
        section shall not restrict the provision of services 
        under this section to federally funded programs.
  [(d) State Consultation.--A State educational agency 
receiving funds under this section shall consult with 
recipients of grants under this subpart and other individuals 
or organizations involved in the development or operation of 
programs serving limited English proficient children to ensure 
that such funds are used in a manner consistent with the 
requirements of this subpart.
  [(e) Applications.--A State educational agency desiring to 
receive funds under this section shall submit an application to 
the Secretary at such time, in such form, and containing such 
information and assurances as the Secretary may require.
  [(f) Supplement, Not Supplant.--Federal funds made available 
under this section for any fiscal year shall be used by the 
State educational agency to supplement and, to the extent 
practical, to increase the State funds that, in the absence of 
such Federal funds, would be made available for the purposes 
described in this section, and in no case to supplant such 
State funds.
  [(g) Report to the Secretary.--A State educational agency 
receiving an award under this section shall provide for the 
annual submission of a summary report to the Secretary 
describing such State's use of the funds made available through 
the award.]

[SEC. 3225. [20 U.S.C. 6935] INSTRUCTION MATERIALS DEVELOPMENT.]

  [(a) In General.--The Secretary may make grants for the 
development, publication, and dissemination of high-quality 
instruction materials--
          [(1) in Native American languages (including Native 
        Hawaiian languages and the language of Native American 
        Pacific Islanders), and the language of natives of the 
        outlying areas, for which instruction materials are not 
        readily available; and
          [(2) in other low-incidence languages in the United 
        States for which instruction materials are not readily 
        available.
  [(b) Priority.--In making the grants, the Secretary shall 
give priority to applicants for the grants who propose--
          [(1) to develop instruction materials in languages 
        indigenous to the United States or the outlying areas; 
        and
          [(2) to develop and evaluate materials, in 
        collaboration with entities carrying out activities 
        assisted under subpart 1 and this subpart, that are 
        consistent with challenging State academic content and 
        student academic achievement standards.]

                 [Subpart 3--Professional Development]

[SEC. 3231. [20 U.S.C. 6951] PROFESSIONAL DEVELOPMENT GRANTS.]

  [(a) Purpose.--The purpose of this section is to provide 
assistance to prepare educators to improve educational services 
for limited English proficient children by--
          [(1) supporting professional development programs and 
        activities to prepare teachers, pupil service 
        personnel, administrators, and other educational 
        personnel working in language instruction educational 
        programs to provide effective services to limited 
        English proficient children;
          [(2) incorporating curricula and resources concerning 
        appropriate and effective instruction and assessment 
        methodologies specific to limited English proficient 
        children into preservice and inservice professional 
        development programs;
          [(3) upgrading the qualifications and skills of non-
        certified educational personnel, including 
        paraprofessionals, to enable such personnel to meet 
        high professional standards for educating limited 
        English proficient children;
          [(4) improving the quality of professional 
        development programs in schools or departments of 
        education at institutions of higher education, for 
        educational personnel serving, or preparing to serve, 
        limited English proficient children; and
          [(5) supporting the recruitment and training of 
        prospective educational personnel to serve limited 
        English proficient children by providing fellowships 
        for undergraduate, graduate, doctoral, and post-
        doctoral study related to the instruction of such 
        children.
  [(b) Authorization.--
          [(1) In general.--The Secretary is authorized to 
        award grants under this section to--
                  [(A) State educational agencies;
                  [(B) local educational agencies;
                  [(C) institutions of higher education; or
                  [(D) consortia of one or more local 
                educational agencies, State educational 
                agencies, institutions of higher education, 
                for-profit organizations, or nonprofit 
                organizations.
          [(2) Duration.--Each grant awarded under this section 
        shall be awarded for a period of not more than 4 years.
  [(c) Authorized Activities.--Grants awarded under this 
section shall be used to conduct high-quality professional 
development programs and effective activities to improve the 
quality of instruction and services provided to limited English 
proficient children, including--
          [(1) implementing preservice and inservice 
        professional development programs for teachers who 
        serve limited English proficient children, 
        administrators, and other educational personnel who are 
        preparing to provide educational services for limited 
        English proficient children, including professional 
        development programs that assist limited English 
        proficient children to attain English proficiency;
          [(2) implementing school-based collaborative efforts 
        among teachers to improve instruction in core academic 
        subjects, especially reading, for limited English 
        proficient children;
          [(3) developing and implementing programs to assist 
        beginning teachers who serve limited English proficient 
        children with transitioning to the teaching profession, 
        including programs that provide mentoring and team 
        teaching with trained and experienced teachers;
          [(4) implementing programs that support effective 
        teacher use of education technologies to improve 
        instruction and assessment;
          [(5) developing curricular materials and assessments 
        for teachers that are appropriate to the needs of 
        limited English proficient children, and that are 
        aligned with challenging State academic content and 
        student academic achievement standards, including 
        materials and assessments that ensure limited English 
        proficient children attain English proficiency;
          [(6) integrating and coordinating activities with 
        entities carrying out other programs consistent with 
        the purpose of this section and supported under this 
        Act, or other Acts as appropriate;
          [(7) developing and implementing career ladder 
        programs to upgrade the qualifications and skills of 
        non-certified educational personnel working in, or 
        preparing to work in, language instruction educational 
        programs to enable such personnel to meet high 
        professional standards, including standards for 
        certification and licensure as teachers;
          [(8) developing and implementing activities to help 
        recruit and train secondary school students as teachers 
        who serve limited English proficient children;
          [(9) providing fellowships and assistance for costs 
        related to enrollment in a course of study at an 
        institution of higher education that addresses the 
        instruction of limited English proficient children in 
        such areas as teacher training, program administration, 
        research, evaluation, and curriculum development, and 
        for the support of dissertation research related to 
        such study, except that any person receiving such a 
        fellowship or assistance shall agree to--
                  [(A) work in an activity related to improving 
                the educational services for limited English 
                proficient children authorized under this 
                subpart, including work as a teacher that 
                serves limited English proficient children, for 
                a period of time equivalent to the period of 
                time during which such person receives 
                assistance under this paragraph; or
                  [(B) repay such assistance; and
          [(10) carrying out such other activities as are 
        consistent with the purpose of this section.
  [(d) Application.--
          [(1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such form, and 
        containing such information as the Secretary may 
        require.
          [(2) Contents.--Each application shall--
                  [(A) describe the programs and activities 
                proposed to be developed, implemented, and 
                administered under the award;
                  [(B) describe how the applicant has consulted 
                with, and assessed the needs of, public and 
                private schools serving limited English 
                proficient children to determine such schools' 
                need for, and the design of, the program for 
                which funds are sought; and
                  [(C) describe how the programs and activities 
                to be carried out under the award will be used 
                to ensure that limited English proficient 
                children meet challenging State academic 
                content and student academic achievement 
                standards and attain English proficiency.
          [(3) Special rule.--An eligible entity that proposes 
        to conduct a master's-level or doctoral-level program 
        with funds received under this section shall include in 
        the entity's application an assurance that such program 
        will include a training practicum in a local elementary 
        school or secondary school program serving limited 
        English proficient children.
          [(4) Outreach and technical assistance.--The 
        Secretary shall provide for outreach and technical 
        assistance to institutions of higher education eligible 
        for assistance under title III of the Higher Education 
        Act of 1965, and institutions of higher education that 
        are operated or funded by the Bureau of Indian Affairs, 
        to facilitate the participation of such institutions in 
        programs and activities under this section.
          [(5) Distribution rule.--In making awards under this 
        section, the Secretary shall ensure adequate 
        representation of Hispanic-serving institutions that 
        demonstrate competence and experience in carrying out 
        the programs and activities authorized under this 
        section and that are otherwise qualified.
  [(e) Priorities in Awarding Grants.--
          [(1) Grants to agencies.--In awarding grants to State 
        educational agencies and local educational agencies 
        under this section, the Secretary shall give priority 
        to agencies that propose programs and activities 
        designed to implement professional development programs 
        for teachers and educational personnel who are 
        providing or preparing to provide educational services 
        for limited English proficient children, including 
        services provided through language instruction 
        educational programs, that ensure such children attain 
        English proficiency and meet challenging State academic 
        content and student academic achievement standards.
          [(2) Grants to institutions of higher education.--In 
        awarding grants to institutions of higher education 
        under this section, the Secretary shall give priority 
        to institutions that propose programs and activities to 
        recruit and upgrade the qualifications and skills of 
        certified and non-certified educational personnel by 
        offering degree programs that prepare beginning 
        teachers to serve limited English proficient children.
  [(f) Program Evaluations.--Each recipient of an award under 
this section for a program or activity shall annually conduct 
an independent evaluation of the program or activity and submit 
to the Secretary a report containing such evaluation. Such 
report shall include information on--
          [(1) the program or activity conducted by the 
        recipient to provide high-quality professional 
        development to participants in such program or 
        activity;
          [(2) the number of participants served through the 
        program or activity, the number of participants who 
        completed the requirements of the program or activity, 
        and the number of participants who took positions in an 
        instruction setting with limited English proficient 
        children;
          [(3) the effectiveness of the program or activity in 
        imparting the professional skills necessary for 
        participants to achieve the objectives of the program 
        or activity; and
          [(4) the teaching effectiveness of graduates of the 
        program or activity or other participants who have 
        completed the program or activity.]

           [Subpart 4--Emergency Immigrant Education Program]

[SEC. 3241. [20 U.S.C. 6961] PURPOSE.]

  [The purpose of this subpart is to assist eligible local 
educational agencies that experience unexpectedly large 
increases in their student population due to immigration--
          [(1) to provide high-quality instruction to immigrant 
        children and youth; and
          [(2) to help such children and youth--
                  [(A) with their transition into American 
                society; and
                  [(B) meet the same challenging State academic 
                content and student academic achievement 
                standards as all children are expected to 
                meet.]

[SEC. 3242. [20 U.S.C. 6962] STATE ADMINISTRATIVE COSTS.]

  [For any fiscal year, a State educational agency may reserve 
not more than 1.5 percent (2 percent if the State educational 
agency distributes funds received under this subpart to local 
educational agencies on a competitive basis) of the amount 
allotted to such agency under section 3244 to pay the costs of 
performing such agency's administrative functions under this 
subpart.]

[SEC. 3243. [20 U.S.C. 6963] WITHHOLDING.]

  [Whenever the Secretary, after providing reasonable notice 
and opportunity for a hearing to any State educational agency, 
finds that there is a failure to comply with a requirement of 
any provision of this subpart, the Secretary shall notify that 
agency that further payments will not be made to the agency 
under this subpart or, in the discretion of the Secretary, that 
the State educational agency shall not make further payments 
under this subpart to specified local educational agencies 
whose actions cause or are involved in such failure until the 
Secretary is satisfied that there is no longer any such failure 
to comply. Until the Secretary is so satisfied, no further 
payments shall be made to the State educational agency under 
this subpart, or payments by the State educational agency under 
this subpart shall be limited to local educational agencies 
whose actions did not cause or were not involved in the 
failure, as the case may be.]

[SEC. 3244. [20 U.S.C. 6964] STATE ALLOTMENTS.]

  [(a) Payments.--The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational 
agencies for each of the fiscal years 2002 through 2008 for the 
purpose set forth in section 3241.
  [(b) Allotments.--
          [(1) In general.--Except as provided in subsections 
        (c) and (d), of the amount appropriated for each fiscal 
        year for this subpart, each State participating in the 
        program assisted under this subpart shall receive an 
        allotment equal to the proportion of the number of 
        immigrant children and youth who are enrolled in public 
        elementary schools or secondary schools under the 
        jurisdiction of each local educational agency described 
        in paragraph (2), and in nonpublic elementary schools 
        or secondary schools within the district served by each 
        such local educational agency within such State, 
        relative to the total number of immigrant children and 
        youth so enrolled in all the States participating in 
        the program assisted under this subpart.
          [(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is a 
        local educational agency for which the sum of the 
        number of immigrant children and youth who are enrolled 
        in public elementary schools or secondary schools under 
        the jurisdiction of such agency, and in nonpublic 
        elementary schools or secondary schools within the 
        district served by such agency, during the fiscal year 
        for which the payments are to be made under this 
        subpart, is equal to at least--
                  [(A) 500; or
                  [(B) 3 percent of the total number of 
                children enrolled in such public or nonpublic 
                schools during such fiscal year,
        whichever is less.
  [(c) Determinations of Number of Children and Youth.--
          [(1) In general.--Determinations by the Secretary 
        under this section for any period with respect to the 
        number of immigrant children and youth shall be made on 
        the basis of data or estimates provided to the 
        Secretary by each State educational agency in 
        accordance with criteria established by the Secretary, 
        unless the Secretary determines, after notice and 
        opportunity for a hearing to the affected State 
        educational agency, that such data or estimates are 
        clearly erroneous.
          [(2) Special rule.--No such determination with 
        respect to the number of immigrant children and youth 
        shall operate because of an underestimate or 
        overestimate to deprive any State educational agency of 
        the allotment under this section that such State would 
        otherwise have received had such determination been 
        made on the basis of accurate data.
  [(d) Reallotment.--
          [(1) In general.--Whenever the Secretary determines 
        that any amount of a payment made to a State under this 
        subpart for a fiscal year will not be used by such 
        State for carrying out the purpose for which the 
        payment was made, the Secretary shall make such amount 
        available for carrying out such purpose to one or more 
        other States to the extent the Secretary determines 
        that such other States will be able to use such 
        additional amount for carrying out such purpose.
          [(2) Fiscal year.--Any amount made available to a 
        State from any appropriation for a fiscal year in 
        accordance with paragraph (1) shall, for purposes of 
        this subpart, be regarded as part of such State's 
        payment (as determined under subsection (b)) for such 
        year, but shall remain available until the end of the 
        succeeding fiscal year.
  [(e) Reservation of Funds.--
          [(1) In general.--Notwithstanding any other provision 
        of this subpart, if the amount appropriated to carry 
        out this subpart exceeds $50,000,000 for a fiscal year, 
        a State educational agency may reserve not more than 20 
        percent of such agency's payment under this subpart for 
        such year to award grants, on a competitive basis, to 
        local educational agencies within the State as follows:
                  [(A) Agencies with immigrant children and 
                youth.--At least \1/2\ of the funds reserved 
                under this paragraph shall be made available to 
                eligible local educational agencies (as 
                described in subsection (b)(2)) within the 
                State with the highest numbers and percentages 
                of immigrant children and youth.
                  [(B) Agencies with a sudden influx of 
                children and youth.--Funds reserved under this 
                paragraph and not made available under 
                subparagraph (A) may be distributed to local 
                educational agencies within the State that are 
                experiencing a sudden influx of immigrant 
                children and youth and that are otherwise not 
                eligible for assistance under this subpart.
          [(2) Use of grant funds.--Each local educational 
        agency receiving a grant under paragraph (1) shall use 
        such grant funds to carry out the activities described 
        in section 3247.
          [(3) Information.--Local educational agencies 
        receiving funds under paragraph (1) with the highest 
        number of immigrant children and youth may make 
        information available on serving immigrant children and 
        youth to local educational agencies in the State with 
        sparse numbers of such children and youth.]

[SEC. 3245. [20 U.S.C. 6965] STATE APPLICATIONS.]

  [(a) Submission.--No State educational agency shall receive 
any payment under this subpart for any fiscal year unless such 
agency submits an application to the Secretary at such time, in 
such manner, and containing or accompanied by such information, 
as the Secretary may reasonably require. Each such application 
shall--
          [(1) provide that the educational programs, services, 
        and activities for which payments under this subpart 
        are made will be administered by or under the 
        supervision of the agency;
          [(2) provide assurances that payments under this 
        subpart will be used for purposes set forth in sections 
        3241 and 3247, including a description of how local 
        educational agencies receiving funds under this subpart 
        will use such funds to meet such purposes and will 
        coordinate with entities carrying out other programs 
        and activities assisted under this Act, and other Acts 
        as appropriate;
          [(3) provide an assurance that local educational 
        agencies receiving funds under this subpart will 
        coordinate the use of such funds with entities carrying 
        out programs and activities assisted under part A of 
        title I;
          [(4) provide assurances that such payments, with the 
        exception of payments reserved under section 3244(e), 
        will be distributed among local educational agencies 
        within that State on the basis of the number of 
        immigrant children and youth counted with respect to 
        each such local educational agency under section 
        3244(b)(1);
          [(5) provide assurances that the State educational 
        agency will not finally disapprove in whole or in part 
        any application for funds received under this subpart 
        without first affording the local educational agency 
        submitting an application for such funds reasonable 
        notice and opportunity for a hearing;
          [(6) provide for making such reports as the Secretary 
        may reasonably require to perform the Secretary's 
        functions under this subpart;
          [(7) provide assurances--
                  [(A) that to the extent consistent with the 
                number of immigrant children and youth enrolled 
                in the nonpublic elementary schools or 
                secondary schools within the district served by 
                a local educational agency, such agency, after 
                consultation with appropriate officials of such 
                schools, shall provide for the benefit of such 
                children and youth secular, neutral, and 
                nonideological services, materials, and 
                equipment necessary for the education of such 
                children and youth;
                  [(B) that the control of funds provided under 
                this subpart for any materials or equipment, or 
                property repaired, remodeled, or constructed 
                with those funds shall be in a public agency 
                for the uses and purpose provided in this 
                subpart, and a public agency shall administer 
                such funds and property; and
                  [(C) that the provision of services pursuant 
                to this paragraph shall be provided by 
                employees of a public agency or through 
                contract by such public agency with a person, 
                association, agency, or corporation who or 
                which, in the provision of such services, is 
                independent of such nonpublic elementary school 
                or secondary school and of any religious 
                organization, and such employment or contract 
                shall be under the control and supervision of 
                such public agency, and the funds provided 
                under this paragraph shall not be commingled 
                with State or local funds;
          [(8) provide that funds reserved under section 
        3244(e) be awarded on a competitive basis based on 
        merit and need in accordance with such section; and
          [(9) provide an assurance that the State educational 
        agency and local educational agencies in the State 
        receiving funds under this subpart will comply with the 
        requirements of section 1120(b).
  [(b) Application Review.--
          [(1) In general.--The Secretary shall review all 
        applications submitted pursuant to this section by 
        State educational agencies.
          [(2) Approval.--The Secretary shall approve any 
        application submitted by a State educational agency 
        that meets the requirements of this section.
          [(3) Disapproval.--The Secretary shall disapprove any 
        application submitted by a State educational agency 
        that does not meet the requirements of this section, 
        but shall not finally disapprove an application except 
        after providing reasonable notice, technical 
        assistance, and an opportunity for a hearing to the 
        State educational agency.]

[SEC. 3246. [20 U.S.C. 6966] ADMINISTRATIVE PROVISIONS.]

  [(a) Notification of Amount.--The Secretary, not later than 
June 1 of each year, shall notify each State educational agency 
that has an application approved under section 3245 of the 
amount of such agency's allotment under section 3244 for the 
succeeding year.
  [(b) Services to Immigrant Children and Youth Enrolled in 
Nonpublic Schools.--If by reason of any provision of law a 
local educational agency is prohibited from providing 
educational services for immigrant children and youth enrolled 
in nonpublic elementary schools and secondary schools, as 
required by section 3245(a)(7), or if the Secretary determines 
that a local educational agency has substantially failed or is 
unwilling to provide for the participation on an equitable 
basis of such children and youth enrolled in such schools, the 
Secretary may waive such requirement and shall arrange for the 
provision of services, subject to the requirements of this 
subpart, to such children and youth. Such waivers shall be 
subject to consultation, withholding, notice, and judicial 
review requirements in accordance with the provisions of title 
I.]

[SEC. 3247. [20 U.S.C. 6967] USES OF FUNDS.]

  [(a) Use of Funds.--Funds awarded under this subpart shall be 
used to pay for enhanced instructional opportunities for 
immigrant children and youth, which may include--
          [(1) family literacy, parent outreach, and training 
        activities designed to assist parents to become active 
        participants in the education of their children;
          [(2) support of personnel, including teacher aides 
        who have been specifically trained, or are being 
        trained, to provide services to immigrant children and 
        youth;
          [(3) tutorials, mentoring, and academic or career 
        counseling for immigrant children and youth;
          [(4) identification and acquisition of curricular 
        materials, educational software, and technologies;
          [(5) the provision of basic instruction services that 
        are directly attributable to the presence in the school 
        district of immigrant children and youth, including 
        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; and
          [(6) such other activities, related to the purpose of 
        this subpart, as the Secretary may authorize.
  [(b) Consortia.--A local educational agency that receives a 
grant under this subpart may collaborate or form a consortium 
with one or more local educational agencies, institutions of 
higher education, and nonprofit organizations to carry out a 
program described in an application approved under this 
subpart.
  [(c) Subgrants.--A local educational agency that receives a 
grant under this subpart may, with the approval of the 
Secretary, make a subgrant to, or enter into a contract with, 
an institution of higher education, a nonprofit organization, 
or a consortium of such institutions or organizations to carry 
out a program described in an application approved under this 
subpart, including a program to serve out-of-school youth.
  [(d) Construction.--Nothing in this subpart shall be 
construed to prohibit a local educational agency from serving 
immigrant children and youth simultaneously with children and 
youth with similar educational needs, in the same educational 
settings where appropriate.]

[SEC. 3248. REPORTS.]

  [(a) Biennial Report.--Each State educational agency 
receiving funds under this subpart shall submit, once every 2 
years, a report to the Secretary concerning the expenditure of 
funds by local educational agencies under this subpart. Each 
local educational agency receiving funds under this subpart 
shall submit to the State educational agency such information 
as may be necessary for such report.
  [(b) Report to Congress.--The Secretary shall submit, once 
every 2 years, a report to the appropriate committees of 
Congress concerning programs assisted under this subpart.]

                      [Subpart 5--Administration]

[SEC. 3251. RELEASE TIME.]

  [The Secretary shall allow entities carrying out professional 
development programs funded under this part to use funds 
provided under this part for professional release time to 
enable individuals to participate in programs assisted under 
this part.]

[SEC. 3252. NOTIFICATION.]

  [A State educational agency, and when applicable, the State 
board for postsecondary education, shall be notified within 3 
working days after the date an award under this part is made to 
an eligible entity within the State.]

[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.]

  [(a) Coordination With Related Programs.--In order to 
maximize Federal efforts aimed at serving the educational needs 
of children and youth of limited English proficiency, the 
Secretary shall coordinate and ensure close cooperation with 
other programs serving language-minority and limited English 
proficient children that are administered by the Department and 
other agencies. The Secretary shall consult with the Secretary 
of Labor, the Secretary of Health and Human Services, the 
Secretary of Agriculture, the Attorney General, and the heads 
of other relevant agencies to identify and eliminate barriers 
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their 
families. The Secretary shall provide for continuing 
consultation and collaboration, between the Office of English 
Language Acquisition, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students and 
relevant programs operated by the Department, including 
programs under this part and other programs under this Act, in 
planning, contracts, providing joint technical assistance, 
providing joint field monitoring activities and in other 
relevant activities to ensure effective program coordination to 
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
  [(b) Data.--The Secretary shall, to the extent feasible, 
ensure that all data collected by the Department shall include 
the collection and reporting of data on limited English 
proficient children.
  [(c) Publication of Proposals.--The Secretary shall publish 
and disseminate all requests for proposals for programs funded 
under this part.
  [(d) Report.--The Director shall prepare and, not later than 
February 1 of every other year, shall submit to the Secretary, 
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 
        limited English proficient children under this part, 
        and the effectiveness of such programs and activities 
        in improving the academic achievement and English 
        proficiency of children who are limited English 
        proficient;
          [(2) containing a critical synthesis of data reported 
        by States under section 3224, when applicable;
          [(3) containing an estimate of the number of 
        certified or licensed teachers working in language 
        instruction educational programs and educating limited 
        English proficient children, and an estimate of the 
        number of such teachers that will be needed for the 
        succeeding 5 fiscal years;
          [(4) containing the major findings of scientifically 
        based research carried out under this part; and
          [(5) containing other information gathered from the 
        reports submitted to the Secretary under this title 
        when applicable.]

           *       *       *       *       *       *       *


                     PART [C]B--GENERAL PROVISIONS

SEC. [3301]3201. DEFINITIONS.

  Except as otherwise provided, in this title:
          (1) Child.--* * *

           *       *       *       *       *       *       *

          (4) Director.--* * *
          (5) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) 1 or more local educational agencies; or
                  (B) 1 or more local educational agencies, in 
                collaboration with an institution of higher 
                education, community-based organization, or 
                State educational agency.
          [(5)](6) Family education program.--The term ``family 
        education program'' means a language instruction 
        educational program or special alternative instruction 
        program that--
                  (A) is designed--
                          (i) to help [limited English 
                        proficient adults]adults who meets the 
                        English learner requirements described 
                        in subparagraphs (C) and (D) of section 
                        9101(23) and out-of-school youths 
                        achieve [English proficiency]English 
                        language proficiency; and
                          (ii) to provide instruction on how 
                        parents and family members can 
                        facilitate the educational achievement 
                        of their children[;]; and
                  [(B) when feasible, uses instructional 
                programs based on models developed under the 
                Even Start Family Literacy Programs, which 
                promote adult literacy and train parents to 
                support the educational growth of their 
                children, the Parents as Teachers Program, and 
                the Home Instruction Program for Preschool 
                Youngsters; and]
                  [(C)](B) * * *
          [(6)](7) * * *

           *       *       *       *       *       *       *

          [(7)](8) * * *
          [(8)](9) Language instruction educational program.--
        The term ``language instruction educational program'' 
        means an instruction course--
                  (A) in which [a limited English proficient 
                child]an English learner is placed for the 
                purpose of developing and attaining English 
                proficiency, while meeting [challenging State 
                academic content and student academic 
                achievement standards, as required by section 
                1111(b)(1)]college and career ready academic 
                content and student academic achievement 
                standards, as required by section 1111(a)(1); 
                and
                  (B) * * *
          [(9)](10) * * *
          [(10)](11) * * *

           *       *       *       *       *       *       *

          [(11)](12) Native language.--The term ``native 
        language'', when used with reference to [an individual 
        of limited English proficiency,]an individual who meets 
        the English learner requirements described in 
        subparagraphs (C) and (D) of section 9101(23), 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.
          [(12)](13) * * *
          [(13) Specially qualified agency.--The term 
        ``specially qualified agency'' means an eligible 
        entity, as defined in section 3141, in a State whose 
        State educational agency--
                  [(A) does not participate in a program under 
                subpart 1 of part A for a fiscal year; or
                  [(B) 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 
                such subpart.]
          (14) State.--* * *

           *       *       *       *       *       *       *


[SEC. [3302]3202. [20 U.S.C. 7012] PARENTAL NOTIFICATION.]

  [(a) In General.--Each eligible entity using funds provided 
under this title to provide a language instruction educational 
program shall, not later than 30 days after the beginning of 
the school year, inform a parent or the parents of a limited 
English proficient child identified for participation in, or 
participating in, such program of--
          [(1) the reasons for the identification of their 
        child as limited English proficient and in need of 
        placement in a language instruction educational 
        program;
          [(2) the child's level of English proficiency, how 
        such level was assessed, and the status of the child's 
        academic achievement;
          [(3) the method 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, instruction goals, and use of English and a 
        native language in instruction;
          [(4) how the program in which their child is, or will 
        be participating will meet the educational strengths 
        and needs of the child;
          [(5) how such program will specifically help their 
        child learn English, and meet age appropriate academic 
        achievement standards for grade promotion and 
        graduation;
          [(6) the specific exit requirements for such program, 
        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 title are used for children in 
        secondary schools;
          [(7) in the case of a child with a disability, how 
        such program meets the objectives of the individualized 
        education program of the child; and
          [(8) information pertaining to parental rights that 
        includes written guidance--
                  [(A) 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
                  [(B) 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 subsection (a), each 
eligible entity that is using funds provided under this title 
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.
  [(c) Receipt of Information.--The information required to be 
provided under subsections (a) and (b) to a parent shall be 
provided in an understandable and uniform format and, to the 
extent practicable, in a language that the parent can 
understand.
  [(d) Special Rule Applicable During School Year.--For a child 
who has not been identified for participation in a language 
instruction educational program prior to the beginning of the 
school year, the eligible entity shall carry out subsections 
(a) through (c) with respect to the parents of the child within 
2 weeks of the child being placed in such a program.
  [(e) Parental Participation.--
          [(1) In General.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program shall implement an 
        effective means of outreach to parents of limited 
        English proficient children to inform such parents of 
        how they can--
                  [(A) be involved in the education of their 
                children; and
                  [(B) be active participants in assisting 
                their children--
                          [(i) to learn English;
                          [(ii) to achieve at high levels in 
                        core academic subjects; and
                          [(iii) to meet the same challenging 
                        State academic content and student 
                        academic achievement standards as all 
                        children are expected to meet.
          [(2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
  [(f) Basis for Admission or Exclusion.--A child shall not be 
admitted to, or excluded from, any federally assisted education 
program on the basis of a surname or language-minority status.]

SEC. 3202. PARENTAL NOTIFICATION.

  (a) In General.--Each eligible entity receiving funds under 
this title to provide a language instruction educational 
program and academic content instruction program shall, not 
later than 30 days after the beginning of the school year, 
inform a parent or the parents of an English learner identified 
for participation in, or participating in, such program of--
          (1) the reasons for the identification of their child 
        as an English learner and in need of placement in a 
        language instruction educational program and academic 
        content instruction program;
          (2) the child's level of English language 
        proficiency, how that level was assessed, and the 
        status of the child's academic achievement;
          (3) the method 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 use of English and a 
        native language in instruction;
          (4) how the program in which their child is, or will 
        be participating, will appropriately respond to the 
        educational strengths and needs of the child;
          (5) how the program will specifically help their 
        child learn English and reflect age appropriate 
        academic achievement standards for grade promotion and 
        graduation;
          (6) the specific exit requirements for the program, 
        the expected rate of transition from the program into 
        classrooms that are not tailored for English learners, 
        and the expected rate of graduation from secondary 
        school for English learners in the program if the child 
        is in secondary school;
          (7) in the case of a child with a disability, how the 
        program meets the objectives of the child's 
        individualized education program; and
          (8) information pertaining to parental rights that 
        includes written guidance--
                  (A) detailing--
                          (i) the parent's right to have the 
                        parent's child immediately removed from 
                        the program upon the parent's 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
                  (B) assisting parents in selecting among 
                various programs and methods of instruction, if 
                more than 1 program or method is offered by the 
                eligible entity.
  (b) Receipt of Information.--The information described in 
subsection (a) shall be provided in an understandable and 
uniform format and, to the extent practicable, in a language 
that the parent can understand.
  (c) Special Rule Applicable During School Year.--For a child 
who has not been identified for participation in a language 
instruction educational program and academic content 
instruction program prior to the beginning of the school year, 
the eligible entity shall carry out subsections (a) and (b) 
with respect to the parents of the child within 2 weeks of the 
child being placed in such program.
  (d) Parent and Family Engagement.--
          (1) In general.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program and academic content 
        instruction program shall implement an effective means 
        of outreach to parents and family members of English 
        learners to inform such parents and family members of 
        how they can--
                  (A) be involved in the education of their 
                children; and
                  (B) be active participants in assisting their 
                children--
                          (i) to learn English;
                          (ii) to achieve at high levels in 
                        core academic subjects;
                          (iii) to meet the same State academic 
                        content and student academic 
                        achievement standards as all children 
                        are expected to meet to become on track 
                        to college and career readiness; and
                          (iv) to understand expectations for 
                        college readiness and career success.
          (2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
  (e) Basis for Admission or Exclusion.--A child shall not be 
admitted to, or excluded from, any federally assisted education 
program on the basis of a surname or language-minority status.

           *       *       *       *       *       *       *


SEC. [3303]3203. 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 [limited English 
proficient children]English learners, and related programs. The 
National Clearinghouse shall--
          (1) * * *

           *       *       *       *       *       *       *

          (4) collect and disseminate information on--
                  (A) educational research and processes 
                related to the education of [limited English 
                proficient children]English learners; and
                  (B) accountability systems that monitor the 
                academic progress of [limited English 
                proficient children]English learners in 
                language instruction educational programs, 
                including information on academic content and 
                English proficiency assessments for language 
                instruction educational programs; and
          (5) * * *

           *       *       *       *       *       *       *


SEC. [3304]3204. REGULATIONS.

  In developing regulations under this title, the Secretary 
shall consult with State educational agencies and local 
educational agencies, organizations representing [limited 
English proficient individuals]English learners, and 
organizations representing teachers and other personnel 
involved in the education of [limited English proficient 
children]English learners.

           *       *       *       *       *       *       *


 TITLE IV--[21ST CENTURY SCHOOLS] SUPPORTING SUCCESSFUL, WELL-ROUNDED 
                                STUDENTS

          [PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES]

[SEC. 4001. SHORT TITLE.]

  [This part may be cited as the ``Safe and Drug-Free Schools 
and Communities Act''.]

[SEC. 4002. [20 U.S.C. 7102] PURPOSE.]

  [The purpose of this part is to support programs that prevent 
violence in and around schools; that prevent the illegal use of 
alcohol, tobacco, and drugs; that involve parents and 
communities; and that are coordinated with related Federal, 
State, school, and community efforts and resources to foster a 
safe and drug-free learning environment that supports student 
academic achievement, through the provision of Federal 
assistance to--
          [(1) States for grants to local educational agencies 
        and consortia of such agencies to establish, operate, 
        and improve local programs of school drug and violence 
        prevention and early intervention;
          [(2) States for grants to, and contracts with, 
        community-based organizations and public and private 
        entities for programs of drug and violence prevention 
        and early intervention, including community-wide drug 
        and violence prevention planning and organizing 
        activities;
          [(3) States for development, training, technical 
        assistance, and coordination activities; and
          [(4) public and private entities to provide technical 
        assistance; conduct training, demonstrations, and 
        evaluation; and to provide supplementary services and 
        community-wide drug and violence prevention planning 
        and organizing activities for the prevention of drug 
        use and violence among students and youth.]

[SEC. 4003. [20 U.S.C. 7103] AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated--
          [(1) $650,000,000 for fiscal year 2002, and such sums 
        as may be necessary for each of the 5 succeeding fiscal 
        years, for State grants under subpart 1; and
          [(2) such sums for fiscal year 2002, and for each of 
        the 5 succeeding fiscal years, for national programs 
        under subpart 2.]

                       [Subpart 1--State Grants]

[SEC. 4111. [20 U.S.C. 7111] RESERVATIONS AND ALLOTMENTS.]

  [(a) Reservations.--
          [(1) In general.--From the amount made available 
        under section 4003(1) to carry out this subpart for 
        each fiscal year, the Secretary--
                  [(A) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for 
                grants to Guam, American Samoa, the United 
                States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, to be allotted in 
                accordance with the Secretary's determination 
                of their respective needs and to carry out 
                programs described in this subpart;
                  [(B) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for the 
                Secretary of the Interior to carry out programs 
                described in this subpart for Indian youth; and
                  [(C) shall reserve 0.2 percent of such amount 
                for Native Hawaiians to be used under section 
                4117 to carry out programs described in this 
                subpart.
          [(2) Other reservations.--From the amount made 
        available under section 4003(2) to carry out subpart 2 
        for each fiscal year, the Secretary--
                  [(A) may reserve not more than $2,000,000 for 
                the national impact evaluation required by 
                section 4122(a);
                  [(B) notwithstanding section 3 of the No 
                Child Left Behind Act of 2001, shall reserve an 
                amount necessary to make continuation grants to 
                grantees under the Safe Schools/Healthy 
                Students initiative (under the same terms and 
                conditions as provided for in the grants 
                involved).
  [(b) State Allotments.--
          [(1) In general.--Except as provided in paragraph 
        (2), the Secretary shall, for each fiscal year, allot 
        among the States--
                  [(A) one-half of the remainder not reserved 
                under subsection (a) according to the ratio 
                between the school-aged population of each 
                State and the school-aged population of all the 
                States; and
                  [(B) one-half of such remainder according to 
                the ratio between the amount each State 
                received under section 1124A for the preceding 
                year and the sum of such amounts received by 
                all the States.
          [(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less 
        than the greater of--
                  [(A) one-half of 1 percent of the total 
                amount allotted to all the States under this 
                subsection; or
                  [(B) the amount such State received for 
                fiscal year 2001 under section 4111 as such 
                section was in effect the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
          [(3) Reallotment.--
                  [(A) Reallotment for failure to apply.--If 
                any State does not apply for an allotment under 
                this subpart for a fiscal year, the Secretary 
                shall reallot the amount of the State's 
                allotment to the remaining States in accordance 
                with this section.
                  [(B) Reallotment of unused funds.--The 
                Secretary may reallot any amount of any 
                allotment to a State if the Secretary 
                determines that the State will be unable to use 
                such amount within 2 years of such allotment. 
                Such reallotments shall be made on the same 
                basis as allotments are made under paragraph 
                (1).
          [(4) Definition.--In this section the term ``State'' 
        means each of the 50 States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.
  [(c) Limitation.--Amounts appropriated under section 4003(2) 
for a fiscal year may not be increased above the amounts 
appropriated under such section for the previous fiscal year 
unless the amounts appropriated under section 4003(1) for the 
fiscal year involved are at least 10 percent greater that the 
amounts appropriated under such section 4003(1) for the 
previous fiscal year.]

[SEC. 4112. [20 U.S.C. 7112] RESERVATION OF STATE FUNDS FOR SAFE AND 
                    DRUG-FREE SCHOOLS.]

  [(a) State Reservation for the Chief Executive Officer of a 
State.--
          [(1) In general.--The chief executive officer of a 
        State may reserve not more than 20 percent of the total 
        amount allocated to a State under section 4111(b) for 
        each fiscal year to award competitive grants and 
        contracts to local educational agencies, community-
        based organizations (including community anti-drug 
        coalitions) other public entities and private 
        organizations, and consortia thereof. Such grants and 
        contracts shall be used to carry out the comprehensive 
        State plan described in section 4113(a) through 
        programs or activities that complement and support 
        activities of local educational agencies described in 
        section 4115(b). Such officer shall award grants based 
        on--
                  [(A) the quality of the program or activity 
                proposed; and
                  [(B) how the program or activity meets the 
                principles of effectiveness described in 
                section 4115(a).
          [(2) Priority.--In making such grants and contracts 
        under this section, a chief executive officer shall 
        give priority to programs and activities that prevent 
        illegal drug use and violence for--
                  [(A) children and youth who are not normally 
                served by State educational agencies or local 
                educational agencies; or
                  [(B) populations that need special services 
                or additional resources (such as youth in 
                juvenile detention facilities, runaway or 
                homeless children and youth, pregnant and 
                parenting teenagers, and school dropouts).
          [(3) Special consideration.--In awarding funds under 
        paragraph (1), a chief executive officer shall give 
        special consideration to grantees that pursue a 
        comprehensive approach to drug and violence prevention 
        that includes providing and incorporating mental health 
        services related to drug and violence prevention in 
        their program.
          [(4) Peer review.--Grants or contracts awarded under 
        this section shall be subject to a peer review process.
          [(5) Use of funds.--Grants and contracts under this 
        section shall be used to implement drug and violence 
        prevention activities, including--
                  [(A) activities that complement and support 
                local educational agency activities under 
                section 4115, including developing and 
                implementing activities to prevent and reduce 
                violence associated with prejudice and 
                intolerance;
                  [(B) dissemination of information about drug 
                and violence prevention; and
                  [(C) development and implementation of 
                community-wide drug and violence prevention 
                planning and organizing.
          [(6) Administrative costs.--The chief executive 
        officer of a State may use not more than 3 percent of 
        the amount described in paragraph (1) for the 
        administrative costs incurred in carrying out the 
        duties of such officer under this section.
  [(b) In State Distribution.--
          [(1) In general.--A State educational agency shall 
        distribute not less than 93 percent of the amount made 
        available to the State under section 4111(b), less the 
        amount reserved under subsection (a) of this section, 
        to its local educational agencies.
          [(2) State administration costs.--
                  [(A) In general.--A State educational agency 
                may use not more than 3 percent of the amount 
                made available to the State under section 
                4111(b) for each fiscal year less the amount 
                reserved under subsection (a) of this section, 
                for State educational agency administrative 
                costs, including the implementation of the 
                uniform management information and reporting 
                system as provided for under subsection (c)(3).
                  [(B) Additional amounts for the uniform 
                management information system.--In the case of 
                fiscal year 2002, a State educational agency 
                may, in addition to amounts provided for in 
                subparagraph (A), use 1 percent of the amount 
                made available to the State educational agency 
                under section 4111(b) for each fiscal year less 
                the amount reserved under subsection (a) of 
                this section, for implementation of the uniform 
                management information and reporting system as 
                provided for under subsection (c)(3).
  [(c) State Activities.--
          [(1) In general.--A State educational agency may use 
        not more than 5 percent of the amount made available to 
        the State under section 4111(b) for each fiscal year 
        less the amount reserved under subsection (a) of this 
        section, for activities described in this subsection.
          [(2) Activities.--A State educational agency shall 
        use the amounts described in paragraph (1), either 
        directly, or through grants and contracts, to plan, 
        develop, and implement capacity building, technical 
        assistance and training, evaluation, program 
        improvement services, and coordination activities for 
        local educational agencies, community-based 
        organizations, and other public and private entities. 
        Such uses--
                  [(A) shall meet the principles of 
                effectiveness described in section 4115(a);
                  [(B) shall complement and support local uses 
                of funds under section 4115(b);
                  [(C) shall be in accordance with the purposes 
                of this part; and
                  [(D) may include, among others activities--
                          [(i) identification, development, 
                        evaluation, and dissemination of drug 
                        and violence prevention strategies, 
                        programs, activities, and other 
                        information;
                          [(ii) training, technical assistance, 
                        and demonstration projects to address 
                        violence that is associated with 
                        prejudice and intolerance; and
                          [(iii) financial assistance to 
                        enhance drug and violence prevention 
                        resources available in areas that serve 
                        large numbers of low-income children, 
                        are sparsely populated, or have other 
                        special needs.
          [(3) Uniform management information and reporting 
        system.--
                  [(A) Information and statistics.--A State 
                shall establish a uniform management 
                information and reporting system.
                  [(B) Uses of funds.--A State may use funds 
                described in subparagraphs (A) and (B) of 
                subsection (b)(2), either directly or through 
                grants and contracts, to implement the uniform 
                management information and reporting system 
                described in subparagraph (A), for the 
                collection of information on--
                          [(i) truancy rates;
                          [(ii) the frequency, seriousness, and 
                        incidence of violence and drug-related 
                        offenses resulting in suspensions and 
                        expulsions in elementary schools and 
                        secondary schools in the State;
                          [(iii) the types of curricula, 
                        programs, and services provided by the 
                        chief executive officer, the State 
                        educational agency, local educational 
                        agencies, and other recipients of funds 
                        under this subpart; and
                          [(iv) the incidence and prevalence, 
                        age of onset, perception of health 
                        risk, and perception of social 
                        disapproval of drug use and violence by 
                        youth in schools and communities.
                  [(C) Compilation of statistics.--In compiling 
                the statistics required for the uniform 
                management information and reporting system, 
                the offenses described in subparagraph (B)(ii) 
                shall be defined pursuant to the State's 
                criminal code, but shall not identify victims 
                of crimes or persons accused of crimes. The 
                collected data shall include incident reports 
                by school officials, anonymous student surveys, 
                and anonymous teacher surveys.
                  [(D) Reporting.--The information described 
                under subparagraph (B) shall be reported to the 
                public and the data referenced in clauses (i) 
                and (ii) of such subparagraph shall be reported 
                to the State on a school-by-school basis.
                  [(E) Limitation.--Nothing in this subsection 
                shall be construed to authorize the Secretary 
                to require particular policies, procedures, or 
                practices with respect to crimes committed on 
                school property or school security.]

[SEC. 4113. [20 U.S.C. 7113] STATE APPLICATION.]

  [(a) In General.--In order to receive an allotment under 
section 4111(b) for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
          [(1) contains a comprehensive plan for the use of 
        funds by the State educational agency and the chief 
        executive officer of the State to provide safe, 
        orderly, and drug-free schools and communities through 
        programs and activities that complement and support 
        activities of local educational agencies under section 
        4115(b), that comply with the principles of 
        effectiveness under section 4115(a), and that otherwise 
        are in accordance with the purpose of this part;
          [(2) describes how activities funded under this 
        subpart will foster a safe and drug-free learning 
        environment that supports academic achievement;
          [(3) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials and others, including the 
        chief executive officer, the chief State school 
        officer, the head of the State alcohol and drug abuse 
        agency, the heads of the State health and mental health 
        agencies, the head of the State criminal justice 
        planning agency, the head of the State child welfare 
        agency, the head of the State board of education, or 
        their designees, and representatives of parents, 
        students, and community-based organizations;
          [(4) describes how the State educational agency will 
        coordinate such agency's activities under this subpart 
        with the chief executive officer's drug and violence 
        prevention programs under this subpart and with the 
        prevention efforts of other State agencies and other 
        programs, as appropriate, in accordance with the 
        provisions in section 9306;
          [(5) provides an assurance that funds reserved under 
        section 4112(a) will not duplicate the efforts of the 
        State educational agency and local educational agencies 
        with regard to the provision of school-based drug and 
        violence prevention activities and that those funds 
        will be used to serve populations not normally served 
        by the State educational agencies and local educational 
        agencies and populations that need special services, 
        such as school dropouts, suspended and expelled 
        students, youth in detention centers, runaway or 
        homeless children and youth, and pregnant and parenting 
        youth;
          [(6) provides an assurance that the State will 
        cooperate with, and assist, the Secretary in conducting 
        data collection as required by section 4122;
          [(7) provides an assurance that the local educational 
        agencies in the State will comply with the provisions 
        of section 9501 pertaining to the participation of 
        private school children and teachers in the programs 
        and activities under this subpart;
          [(8) provides an assurance that funds under this 
        subpart will be used to increase the level of State, 
        local, and other non-Federal funds that would, in the 
        absence of funds under this subpart, be made available 
        for programs and activities authorized under this 
        subpart, and in no case supplant such State, local, and 
        other non-Federal funds;
          [(9) contains the results of a needs assessment 
        conducted by the State for drug and violence prevention 
        programs, which shall be based on ongoing State 
        evaluation activities, including data on--
                  [(A) the incidence and prevalence of illegal 
                drug use and violence among youth in schools 
                and communities, including the age of onset, 
                the perception of health risks, and the 
                perception of social disapproval among such 
                youth;
                  [(B) the prevalence of risk factors, 
                including high or increasing rates of reported 
                cases of child abuse or domestic violence;
                  [(C) the prevalence of protective factors, 
                buffers, or assets; and
                  [(D) other variables in the school and 
                community identified through scientifically 
                based research;
          [(10) provides a statement of the State's performance 
        measures for drug and violence prevention programs and 
        activities to be funded under this subpart that will be 
        focused on student behavior and attitudes, derived from 
        the needs assessment described in paragraph (9), and be 
        developed in consultation between the State and local 
        officials, and that consist of--
                  [(A) performance indicators for drug and 
                violence prevention programs and activities; 
                and
                  [(B) levels of performance for each 
                performance indicator;
          [(11) describes the procedures the State will use for 
        assessing and publicly reporting progress toward 
        meeting the performance measures described in paragraph 
        (10);
          [(12) provides an assurance that the State 
        application will be available for public review after 
        submission of the application;
          [(13) describes the special outreach activities that 
        will be carried out by the State educational agency and 
        the chief executive officer of the State to maximize 
        the participation of community-based organizations of 
        demonstrated effectiveness that provide services such 
        as mentoring programs in low-income communities;
          [(14) describes how funds will be used by the State 
        educational agency and the chief executive officer of 
        the State to support, develop, and implement community-
        wide comprehensive drug and violence prevention 
        planning and organizing activities;
          [(15) describes how input from parents will be sought 
        regarding the use of funds by the State educational 
        agency and the chief executive officer of the State;
          [(16) describes how the State educational agency will 
        review applications from local educational agencies, 
        including how the agency will receive input from 
        parents in such review;
          [(17) describes how the State educational agency will 
        monitor the implementation of activities under this 
        subpart, and provide technical assistance for local 
        educational agencies, community-based organizations, 
        other public entities, and private organizations;
          [(18) describes how the chief executive officer of 
        the State will award funds under section 4112(a) and 
        implement a plan for monitoring the performance of, and 
        providing technical assistance to, recipients of such 
        funds; and
          [(19) includes any other information the Secretary 
        may require.
  [(b) Interim Application.--
          [(1) Authority.--Notwithstanding any other provision 
        of this section, a State may submit for fiscal year 
        2002 a 1-year interim application and plan for the use 
        of funds under this subpart that is consistent with the 
        requirements of this section and contains such 
        information as the Secretary may specify in 
        regulations.
          [(2) Purpose.--The purpose of such interim 
        application and plan shall be to afford the State the 
        opportunity to fully develop and review such State's 
        application and comprehensive plan otherwise required 
        by this section.
          [(3) Exception.--A State may not receive a grant 
        under this subpart for a fiscal year after fiscal year 
        2002 unless the Secretary has approved such State's 
        application and comprehensive plan as described in 
        subsection (a).
  [(c) Approval Process.--
          [(1) Deemed approval.--An application submitted by a 
        State pursuant to this section shall undergo peer 
        review by the Secretary and shall be deemed to be 
        approved by the Secretary unless the Secretary makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the 
        Secretary received the application, that the 
        application is not in compliance with this subpart.
          [(2) Disapproval.--The Secretary shall not finally 
        disapprove the application, except after giving the 
        State educational agency and the chief executive 
        officer of the State notice and an opportunity for a 
        hearing.
          [(3) Notification.--If the Secretary finds that the 
        application is not in compliance, in whole or in part, 
        with this subpart, the Secretary shall--
                  [(A) give the State educational agency and 
                the chief executive officer of the State notice 
                and an opportunity for a hearing; and
                  [(B) notify the State educational agency and 
                the chief executive officer of the State of the 
                finding of noncompliance, and in such 
                notification, shall--
                          [(i) cite the specific provisions in 
                        the application that are not in 
                        compliance; and
                          [(ii) request additional information, 
                        only as to the noncompliant provisions, 
                        needed to make the application 
                        compliant.
          [(4) Response.--If the State educational agency and 
        the chief executive officer of the State respond to the 
        Secretary's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, and resubmit the 
        application with the requested information described in 
        paragraph (3)(B)(ii), the Secretary shall approve or 
        disapprove such application prior to the later of--
                  [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                  [(B) the expiration of the 120-day period 
                described in paragraph (1).
          [(5) Failure to respond.--If the State educational 
        agency and the chief executive officer of the State do 
        not respond to the Secretary's notification described 
        in paragraph (3)(B) during the 45-day period beginning 
        on the date on which the agency received the 
        notification, such application shall be deemed to be 
        disapproved.]

[SEC. 4114. [20 U.S.C. 7114] LOCAL EDUCATIONAL AGENCY PROGRAM.]

  [(a) In General.--
          [(1) Funds to local educational agencies.--A State 
        shall provide the amount made available to the State 
        under this subpart, less the amounts reserved under 
        section 4112 to local educational agencies for drug and 
        violence prevention and education programs and 
        activities as follows:
                  [(A) 60 percent of such amount based on the 
                relative amount such agencies received under 
                part A of title I for the preceding fiscal 
                year.
                  [(B) 40 percent of such amount based on the 
                relative enrollments in public and private 
                nonprofit elementary schools and secondary 
                schools within the boundaries of such agencies.
          [(2) Administrative costs.--Of the amount received 
        under paragraph (1), a local educational agency may use 
        not more than 2 percent for the administrative costs of 
        carrying out its responsibilities under this subpart.
          [(3) Return of funds to state; reallocation.--
                  [(A) Return.--Except as provided in 
                subparagraph (B), upon the expiration of the 1-
                year period beginning on the date on which a 
                local educational agency receives its 
                allocation under this subpart--
                          [(i) such agency shall return to the 
                        State educational agency any funds from 
                        such allocation that remain 
                        unobligated; and
                          [(ii) the State educational agency 
                        shall reallocate any such amount to 
                        local educational agencies that have 
                        submitted plans for using such amount 
                        for programs or activities on a timely 
                        basis.
                  [(B) Carryover.--In any fiscal year, a local 
                educational agency, may retain for obligation 
                in the succeeding fiscal year--
                          [(i) an amount equal to not more than 
                        25 percent of the allocation it 
                        received under this subpart for such 
                        fiscal year; or
                          [(ii) upon a demonstration of good 
                        cause by such agency and approval by 
                        the State educational agency, an amount 
                        that exceeds 25 percent of such 
                        allocation.
                  [(C) Reallocation.--If a local educational 
                agency chooses not to apply to receive the 
                amount allocated to such agency under this 
                subsection, or if such agency's application 
                under subsection (d) is disapproved by the 
                State educational agency, the State educational 
                agency shall reallocate such amount to one or 
                more of its other local educational agencies.
  [(b) Eligibility.--To be eligible to receive a subgrant under 
this subpart, a local educational agency desiring a subgrant 
shall submit an application to the State educational agency in 
accordance with subsection (d). Such an application shall be 
amended, as necessary, to reflect changes in the activities and 
programs of the local educational agency.
  [(c) Development.--
          [(1) Consultation.--
                  [(A) In general.--A local educational agency 
                shall develop its application through timely 
                and meaningful consultation with State and 
                local government representatives, 
                representatives of schools to be served 
                (including private schools), teachers and other 
                staff, parents, students, community-based 
                organizations, and others with relevant and 
                demonstrated expertise in drug and violence 
                prevention activities (such as medical, mental 
                health, and law enforcement professionals).
                  [(B) Continued consultation.--On an ongoing 
                basis, the local educational agency shall 
                consult with such representatives and 
                organizations in order to seek advice regarding 
                how best to coordinate such agency's activities 
                under this subpart with other related 
                strategies, programs, and activities being 
                conducted in the community.
          [(2) Design and development.--To ensure timely and 
        meaningful consultation under paragraph (1), a local 
        educational agency at the initial stages of design and 
        development of a program or activity shall consult, in 
        accordance with this subsection, with appropriate 
        entities and persons on issues regarding the design and 
        development of the program or activity, including 
        efforts to meet the principles of effectiveness 
        described in section 4115(a).
  [(d) Contents of Applications.--An application submitted by a 
local educational agency under this section shall contain--
          [(1) an assurance that the activities or programs to 
        be funded comply with the principles of effectiveness 
        described in section 4115(a) and foster a safe and 
        drug-free learning environment that supports academic 
        achievement;
          [(2) a detailed explanation of the local educational 
        agency's comprehensive plan for drug and violence 
        prevention, including a description of--
                  [(A) how the plan will be coordinated with 
                programs under this Act, and other Federal, 
                State, and local programs for drug and violence 
                prevention, in accordance with section 9306;
                  [(B) the local educational agency's 
                performance measures for drug and violence 
                prevention programs and activities, that shall 
                consist of--
                          [(i) performance indicators for drug 
                        and violence prevention programs and 
                        activities; including--
                                  [(I) specific reductions in 
                                the prevalence of identified 
                                risk factors; and
                                  [(II) specific increases in 
                                the prevalence of protective 
                                factors, buffers, or assets if 
                                any have been identified; and
                          [(ii) levels of performance for each 
                        performance indicator;
                  [(C) how such agency will assess and publicly 
                report progress toward attaining its 
                performance measures;
                  [(D) the drug and violence prevention 
                activity or program to be funded, including how 
                the activity or program will meet the 
                principles of effectiveness described in 
                section 4115(a), and the means of evaluating 
                such activity or program; and
                  [(E) how the services will be targeted to 
                schools and students with the greatest need;
          [(3) a description for how the results of the 
        evaluations of the effectiveness of the program will be 
        used to refine, improve, and strengthen the program;
          [(4) an assurance that funds under this subpart will 
        be used to increase the level of State, local, and 
        other non-Federal funds that would, in the absence of 
        funds under this subpart, be made available for 
        programs and activities authorized under this subpart, 
        and in no case supplant such State, local, and other 
        non-Federal funds;
          [(5) a description of the mechanisms used to provide 
        effective notice to the community of an intention to 
        submit an application under this subpart;
          [(6) an assurance that drug and violence prevention 
        programs supported under this subpart convey a clear 
        and consistent message that acts of violence and the 
        illegal use of drugs are wrong and harmful;
          [(7) an assurance that the applicant has, or the 
        schools to be served have, a plan for keeping schools 
        safe and drug-free that includes--
                  [(A) appropriate and effective school 
                discipline policies that prohibit disorderly 
                conduct, the illegal possession of weapons, and 
                the illegal use, possession, distribution, and 
                sale of tobacco, alcohol, and other drugs by 
                students;
                  [(B) security procedures at school and while 
                students are on the way to and from school;
                  [(C) prevention activities that are designed 
                to create and maintain safe, disciplined, and 
                drug-free environments;
                  [(D) a crisis management plan for responding 
                to violent or traumatic incidents on school 
                grounds; and
                  [(E) a code of conduct policy for all 
                students that clearly states the 
                responsibilities of students, teachers, and 
                administrators in maintaining a classroom 
                environment that--
                          [(i) allows a teacher to communicate 
                        effectively with all students in the 
                        class;
                          [(ii) allows all students in the 
                        class to learn;
                          [(iii) has consequences that are 
                        fair, and developmentally appropriate;
                          [(iv) considers the student and the 
                        circumstances of the situation; and
                          [(v) is enforced accordingly;
          [(8) an assurance that the application and any waiver 
        request under section 4115(a)(3) will be available for 
        public review after submission of the application; and
          [(9) such other assurances, goals, and objectives 
        identified through scientifically based research that 
        the State may reasonably require in accordance with the 
        purpose of this part.
  [(e) Review of Application.--
          [(1) In general.--In reviewing local applications 
        under this section, a State educational agency shall 
        use a peer review process or other methods of assuring 
        the quality of such applications.
          [(2) Considerations.--In determining whether to 
        approve the application of a local educational agency 
        under this section, a State educational agency shall 
        consider the quality of application and the extent to 
        which the application meets the principles of 
        effectiveness described in section 4115(a).
  [(f) Approval Process.--
          [(1) Deemed approval.--An application submitted by a 
        local educational agency pursuant to this section shall 
        be deemed to be approved by the State educational 
        agency unless the State educational agency makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the State 
        educational agency received the application, that the 
        application is not in compliance with this subpart.
          [(2) Disapproval.--The State educational agency shall 
        not finally disapprove the application, except after 
        giving the local educational agency notice and 
        opportunity for a hearing.
          [(3) Notification.--If the State educational agency 
        finds that the application is not in compliance, in 
        whole or in part, with this subpart, the State 
        educational agency shall--
                  [(A) give the local educational agency notice 
                and an opportunity for a hearing; and
                  [(B) notify the local educational agency of 
                the finding of noncompliance, and in such 
                notification, shall--
                          [(i) cite the specific provisions in 
                        the application that are not in 
                        compliance; and
                          [(ii) request additional information, 
                        only as to the noncompliant provisions, 
                        needed to make the application 
                        compliant.
          [(4) Response.--If the local educational agency 
        responds to the State educational agency's notification 
        described in paragraph (3)(B) during the 45-day period 
        beginning on the date on which the agency received the 
        notification, and resubmits the application with the 
        requested information described in paragraph 
        (3)(B)(ii), the State educational agency shall approve 
        or disapprove such application prior to the later of--
                  [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                  [(B) the expiration of the 120-day period 
                described in paragraph (1).
          [(5) Failure to respond.--If the local educational 
        agency does not respond to the State educational 
        agency's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, such application 
        shall be deemed to be disapproved.]

[SEC. 4115. [20 U.S.C. 7115] AUTHORIZED ACTIVITIES.]

  [(a) Principles of Effectiveness.--
          [(1) In general.--For a program or activity developed 
        pursuant to this subpart to meet the principles of 
        effectiveness, such program or activity shall--
                  [(A) be based on an assessment of objective 
                data regarding the incidence of violence and 
                illegal drug use in the elementary schools and 
                secondary schools and communities to be served, 
                including an objective analysis of the current 
                conditions and consequences regarding violence 
                and illegal drug use, including delinquency and 
                serious discipline problems, among students who 
                attend such schools (including private school 
                students who participate in the drug and 
                violence prevention program) that is based on 
                ongoing local assessment or evaluation 
                activities;
                  [(B) be based on an established set of 
                performance measures aimed at ensuring that the 
                elementary schools and secondary schools and 
                communities to be served by the program have a 
                safe, orderly, and drug-free learning 
                environment;
                  [(C) be based on scientifically based 
                research that provides evidence that the 
                program to be used will reduce violence and 
                illegal drug use;
                  [(D) be based on an analysis of the data 
                reasonably available at the time, of the 
                prevalence of risk factors, including high or 
                increasing rates of reported cases of child 
                abuse and domestic violence; protective 
                factors, buffers, assets; or other variables in 
                schools and communities in the State identified 
                through scientifically based research; and
                  [(E) include meaningful and ongoing 
                consultation with and input from parents in the 
                development of the application and 
                administration of the program or activity.
          [(2) Periodic evaluation.--
                  [(A) Requirement.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward reducing violence and 
                illegal drug use in schools to be served based 
                on performance measures described in section 
                4114(d)(2)(B).
                  [(B) Use of results.--The results shall be 
                used to refine, improve, and strengthen the 
                program, and to refine the performance 
                measures, and shall also be made available to 
                the public upon request, with public notice of 
                such availability provided.
          [(3) Waiver.--A local educational agency may apply to 
        the State for a waiver of the requirement of subsection 
        (a)(1)(C) to allow innovative activities or programs 
        that demonstrate substantial likelihood of success.
  [(b) Local Educational Agency Activities.--
          [(1) Program requirements.--A local educational 
        agency shall use funds made available under section 
        4114 to develop, implement, and evaluate comprehensive 
        programs and activities, which are coordinated with 
        other school and community-based services and programs, 
        that shall--
                  [(A) foster a safe and drug-free learning 
                environment that supports academic achievement;
                  [(B) be consistent with the principles of 
                effectiveness described in subsection (a)(1);
                  [(C) be designed to--
                          [(i) prevent or reduce violence; the 
                        use, possession and distribution of 
                        illegal drugs; and delinquency; and
                          [(ii) create a well disciplined 
                        environment conducive to learning, 
                        which includes consultation between 
                        teachers, principals, and other school 
                        personnel to identify early warning 
                        signs of drug use and violence and to 
                        provide behavioral interventions as 
                        part of classroom management efforts; 
                        and
                  [(D) include activities to--
                          [(i) promote the involvement of 
                        parents in the activity or program;
                          [(ii) promote coordination with 
                        community groups and coalitions, and 
                        government agencies; and
                          [(iii) distribute information about 
                        the local educational agency's needs, 
                        goals, and programs under this subpart.
          [(2) Authorized activities.--Each local educational 
        agency, or consortium of such agencies, that receives a 
        subgrant under this subpart may use such funds to carry 
        out activities that comply with the principles of 
        effectiveness described in subsection (a), such as the 
        following:
                  [(A) Age appropriate and developmentally 
                based activities that--
                          [(i) address the consequences of 
                        violence and the illegal use of drugs, 
                        as appropriate;
                          [(ii) promote a sense of individual 
                        responsibility;
                          [(iii) teach students that most 
                        people do not illegally use drugs;
                          [(iv) teach students to recognize 
                        social and peer pressure to use drugs 
                        illegally and the skills for resisting 
                        illegal drug use;
                          [(v) teach students about the dangers 
                        of emerging drugs;
                          [(vi) engage students in the learning 
                        process; and
                          [(vii) incorporate activities in 
                        secondary schools that reinforce 
                        prevention activities implemented in 
                        elementary schools.
                  [(B) Activities that involve families, 
                community sectors (which may include 
                appropriately trained seniors), and a variety 
                of drug and violence prevention providers in 
                setting clear expectations against violence and 
                illegal use of drugs and appropriate 
                consequences for violence and illegal use of 
                drugs.
                  [(C) Dissemination of drug and violence 
                prevention information to schools and the 
                community.
                  [(D) Professional development and training 
                for, and involvement of, school personnel, 
                pupil services personnel, parents, and 
                interested community members in prevention, 
                education, early identification and 
                intervention, mentoring, or rehabilitation 
                referral, as related to drug and violence 
                prevention.
                  [(E) Drug and violence prevention activities 
                that may include the following:
                          [(i) Community-wide planning and 
                        organizing activities to reduce 
                        violence and illegal drug use, which 
                        may include gang activity prevention.
                          [(ii) Acquiring and installing metal 
                        detectors, electronic locks, 
                        surveillance cameras, or other related 
                        equipment and technologies.
                          [(iii) Reporting criminal offenses 
                        committed on school property.
                          [(iv) Developing and implementing 
                        comprehensive school security plans or 
                        obtaining technical assistance 
                        concerning such plans, which may 
                        include obtaining a security assessment 
                        or assistance from the School Security 
                        and Technology Resource Center at the 
                        Sandia National Laboratory located in 
                        Albuquerque, New Mexico.
                          [(v) Supporting safe zones of passage 
                        activities that ensure that students 
                        travel safely to and from school, which 
                        may include bicycle and pedestrian 
                        safety programs.
                          [(vi) The hiring and mandatory 
                        training, based on scientific research, 
                        of school security personnel (including 
                        school resource officers) who interact 
                        with students in support of youth drug 
                        and violence prevention activities 
                        under this part that are implemented in 
                        the school.
                          [(vii) Expanded and improved school-
                        based mental health services related to 
                        illegal drug use and violence, 
                        including early identification of 
                        violence and illegal drug use, 
                        assessment, and direct or group 
                        counseling services provided to 
                        students, parents, families, and school 
                        personnel by qualified school-based 
                        mental health service providers.
                          [(viii) Conflict resolution programs, 
                        including peer mediation programs that 
                        educate and train peer mediators and a 
                        designated faculty supervisor, and 
                        youth anti-crime and anti-drug councils 
                        and activities.
                          [(ix) Alternative education programs 
                        or services for violent or drug abusing 
                        students that reduce the need for 
                        suspension or expulsion or that serve 
                        students who have been suspended or 
                        expelled from the regular educational 
                        settings, including programs or 
                        services to assist students to make 
                        continued progress toward meeting the 
                        State academic achievement standards 
                        and to reenter the regular education 
                        setting.
                          [(x) Counseling, mentoring, referral 
                        services, and other student assistance 
                        practices and programs, including 
                        assistance provided by qualified 
                        school-based mental health services 
                        providers and the training of teachers 
                        by school-based mental health services 
                        providers in appropriate identification 
                        and intervention techniques for 
                        students at risk of violent behavior 
                        and illegal use of drugs.
                          [(xi) Programs that encourage 
                        students to seek advice from, and to 
                        confide in, a trusted adult regarding 
                        concerns about violence and illegal 
                        drug use.
                          [(xii) Drug and violence prevention 
                        activities designed to reduce truancy.
                          [(xiii) Age-appropriate, 
                        developmentally-based violence 
                        prevention and education programs that 
                        address victimization associated with 
                        prejudice and intolerance, and that 
                        include activities designed to help 
                        students develop a sense of individual 
                        responsibility and respect for the 
                        rights of others, and to resolve 
                        conflicts without violence.
                          [(xiv) Consistent with the fourth 
                        amendment to the Constitution of the 
                        United States, the testing of a student 
                        for illegal drug use or the inspecting 
                        of a student's locker for weapons or 
                        illegal drugs or drug paraphernalia, 
                        including at the request of or with the 
                        consent of a parent or legal guardian 
                        of the student, if the local 
                        educational agency elects to so test or 
                        inspect.
                          [(xv) Emergency intervention services 
                        following traumatic crisis events, such 
                        as a shooting, major accident, or a 
                        drug-related incident that have 
                        disrupted the learning environment.
                          [(xvi) Establishing or implementing a 
                        system for transferring suspension and 
                        expulsion records, consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g), by a 
                        local educational agency to any public 
                        or private elementary school or 
                        secondary school.
                          [(xvii) Developing and implementing 
                        character education programs, as a 
                        component of drug and violence 
                        prevention programs, that take into 
                        account the views of parents of the 
                        students for whom the program is 
                        intended and such students, such as a 
                        program described in subpart 3 of part 
                        D of title V.
                          [(xviii) Establishing and maintaining 
                        a school safety hotline.
                          [(xix) Community service, including 
                        community service performed by expelled 
                        students, and service-learning 
                        projects.
                          [(xx) Conducting a nationwide 
                        background check of each local 
                        educational agency employee, regardless 
                        of when hired, and prospective 
                        employees for the purpose of 
                        determining whether the employee or 
                        prospective employee has been convicted 
                        of a crime that bears upon the 
                        employee's fitness--
                                  [(I) to be responsible for 
                                the safety or well-being of 
                                children;
                                  [(II) to serve in the 
                                particular capacity in which 
                                the employee or prospective 
                                employee is or will be 
                                employed; or
                                  [(III) to otherwise be 
                                employed by the local 
                                educational agency.
                          [(xxi) Programs to train school 
                        personnel to identify warning signs of 
                        youth suicide and to create an action 
                        plan to help youth at risk of suicide.
                          [(xxii) Programs that respond to the 
                        needs of students who are faced with 
                        domestic violence or child abuse.
                  [(F) The evaluation of any of the activities 
                authorized under this subsection and the 
                collection of objective data used to assess 
                program needs, program implementation, or 
                program success in achieving program goals and 
                objectives.
  [(c) Limitation.--
          [(1) In general.--Except as provided in paragraph 
        (2), not more than 40 percent of the funds available to 
        a local educational agency under this subpart may be 
        used to carry out the activities described in clauses 
        (ii) through (vi) of subsection (b)(2)(E), of which not 
        more than 50 percent of such amount may be used to 
        carry out the activities described in clauses (ii) 
        through (v) of such subsection.
          [(2) Exception.--A local educational agency may use 
        funds under this subpart for activities described in 
        clauses (ii) through (v) of subsection (b)(2)(E) only 
        if funding for these activities is not received from 
        other Federal agencies.
  [(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the use of funds under this subpart by 
any local educational agency or school for the establishment or 
implementation of a school uniform policy if such policy is 
part of the overall comprehensive drug and violence prevention 
plan of the State involved and is supported by the State's 
needs assessment and other scientifically based research 
information.]

[SEC. 4116. [20 U.S.C. 7116] REPORTING.]

  [(a) State Report.--
          [(1) In general.--By December 1, 2003, and every 2 
        years thereafter, the chief executive officer of the 
        State, in cooperation with the State educational 
        agency, shall submit to the Secretary a report--
                  [(A) on the implementation and outcomes of 
                State programs under section 4112(a)(1) and 
                section 4112(c) and local educational agency 
                programs under section 4115(b), as well as an 
                assessment of their effectiveness;
                  [(B) on the State's progress toward attaining 
                its performance measures for drug and violence 
                prevention under section 4113(a)(10); and
                  [(C) on the State's efforts to inform parents 
                of, and include parents in, violence and drug 
                prevention efforts.
          [(2) Special rule.--The report required by this 
        subsection shall be--
                  [(A) in the form specified by the Secretary;
                  [(B) based on the State's ongoing evaluation 
                activities, and shall include data on the 
                incidence and prevalence, age of onset, 
                perception of health risk, and perception of 
                social disapproval of drug use and violence by 
                youth in schools and communities; and
                  [(C) made readily available to the public.
  [(b) Local Educational Agency Report.--
          [(1) In general.--Each local educational agency 
        receiving funds under this subpart shall submit to the 
        State educational agency such information that the 
        State requires to complete the State report required by 
        subsection (a), including a description of how parents 
        were informed of, and participated in, violence and 
        drug prevention efforts.
          [(2) Availability.--Information under paragraph (1) 
        shall be made readily available to the public.
          [(3) Provision of documentation.--Not later than 
        January 1 of each year that a State is required to 
        report under subsection (a), the Secretary shall 
        provide to the State educational agency all of the 
        necessary documentation required for compliance with 
        this section.]

[SEC. 4117. [20 U.S.C. 7117] PROGRAMS FOR NATIVE HAWAIIANS.]

  [(a) General Authority.--From the funds made available 
pursuant to section 4111(a)(1)(C) to carry out this section, 
the Secretary shall make grants to or enter into cooperative 
agreements or contracts with organizations primarily serving 
and representing Native Hawaiians for the benefit of Native 
Hawaiians to plan, conduct, and administer programs, or 
portions thereof, that are authorized by and consistent with 
the provisions of this subpart.
  [(b) Definition of Native Hawaiian.--For the purposes of this 
section, the term ``Native Hawaiian'' means any individual any 
of whose ancestors were natives, prior to 1778, of the area 
which now comprises the State of Hawaii.]

                     [Subpart 2--National Programs]

[SEC. 4121. [20 U.S.C. 7131] FEDERAL ACTIVITIES.]

  [(a) Program Authorized.--From funds made available to carry 
out this subpart under section 4003(2), the Secretary, in 
consultation with the Secretary of Health and Human Services, 
the Director of the Office of National Drug Control Policy, and 
the Attorney General, shall carry out programs to prevent the 
illegal use of drugs and violence among, and promote safety and 
discipline for, students. The Secretary shall carry out such 
programs directly, or through grants, contracts, or cooperative 
agreements with public and private entities and individuals, or 
through agreements with other Federal agencies, and shall 
coordinate such programs with other appropriate Federal 
activities. Such programs may include--
          [(1) the development and demonstration of innovative 
        strategies for the training of school personnel, 
        parents, and members of the community for drug and 
        violence prevention activities based on State and local 
        needs;
          [(2) the development, demonstration, scientifically 
        based evaluation, and dissemination of innovative and 
        high quality drug and violence prevention programs and 
        activities, based on State and local needs, which may 
        include--
                  [(A) alternative education models, either 
                established within a school or separate and 
                apart from an existing school, that are 
                designed to promote drug and violence 
                prevention, reduce disruptive behavior, reduce 
                the need for repeat suspensions and expulsions, 
                enable students to meet challenging State 
                academic standards, and enable students to 
                return to the regular classroom as soon as 
                possible;
                  [(B) community service and service-learning 
                projects, designed to rebuild safe and healthy 
                neighborhoods and increase students' sense of 
                individual responsibility;
                  [(C) video-based projects developed by 
                noncommercial telecommunications entities that 
                provide young people with models for conflict 
                resolution and responsible decisionmaking; and
                  [(D) child abuse education and prevention 
                programs for elementary and secondary students;
          [(3) the provision of information on drug abuse 
        education and prevention to the Secretary of Health and 
        Human Services for dissemination;
          [(4) the provision of information on violence 
        prevention and education and school safety to the 
        Department of Justice for dissemination;
          [(5) technical assistance to chief executive 
        officers, State agencies, local educational agencies, 
        and other recipients of funding under this part to 
        build capacity to develop and implement high-quality, 
        effective drug and violence prevention programs 
        consistent with the principles of effectiveness in 
        section 4115(a);
          [(6) assistance to school systems that have 
        particularly severe drug and violence problems, 
        including hiring drug prevention and school safety 
        coordinators, or assistance to support appropriate 
        response efforts to crisis situations;
          [(7) the development of education and training 
        programs, curricula, instructional materials, and 
        professional training and development for preventing 
        and reducing the incidence of crimes and conflicts 
        motivated by hate in localities most directly affected 
        by hate crimes;
          [(8) activities in communities designated as 
        empowerment zones or enterprise communities that will 
        connect schools to community-wide efforts to reduce 
        drug and violence problems; and
          [(9) other activities in accordance with the purpose 
        of this part, based on State and local needs.
  [(b) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for funds under this 
section.]

[SEC. 4122. [20 U.S.C. 7132] IMPACT EVALUATION.]

  [(a) Biennial Evaluation.--The Secretary, in consultation 
with the Safe and Drug-Free Schools and Communities Advisory 
Committee described in section 4124, shall conduct an 
independent biennial evaluation of the impact of programs 
assisted under this subpart and of other recent and new 
initiatives to combat violence and illegal drug use in schools. 
The evaluation shall report on whether community and local 
educational agency programs funded under this subpart--
          [(1) comply with the principles of effectiveness 
        described in section 4115(a);
          [(2) have appreciably reduced the level of illegal 
        drug, alcohol, and tobacco use, and school violence and 
        the illegal presence of weapons at schools; and
          [(3) have conducted effective parent involvement and 
        training programs.
  [(b) Data Collection.--The National Center for Education 
Statistics shall collect data, that is subject to independent 
review, to determine the incidence and prevalence of illegal 
drug use and violence in elementary schools and secondary 
schools in the States. The collected data shall include 
incident reports by schools officials, anonymous student 
surveys, and anonymous teacher surveys.
  [(c) Biennial Report.--Not later than January 1, 2003, and 
every 2 years thereafter, the Secretary shall submit to the 
President and Congress a report on the findings of the 
evaluation conducted under subsection (a) together with the 
data collected under subsection (b) and data available from 
other sources on the incidence and prevalence, age of onset, 
perception of health risk, and perception of social disapproval 
of drug use and violence in elementary schools and secondary 
schools in the States. The Secretary shall include data 
submitted by the States pursuant to subsection 4116(a).]

[SEC. 4123. [20 U.S.C. 7133] HATE CRIME PREVENTION.]

  [(a) Grant Authorization.--From funds made available to carry 
out this subpart under section 4003(2) the Secretary may make 
grants to local educational agencies and community-based 
organizations for the purpose of providing assistance to 
localities most directly affected by hate crimes.
  [(b) Use of Funds.--
          [(1) Program development.--Grants under this section 
        may be used to improve elementary and secondary 
        educational efforts, including--
                  [(A) development of education and training 
                programs designed to prevent and to reduce the 
                incidence of crimes and conflicts motivated by 
                hate;
                  [(B) development of curricula for the purpose 
                of improving conflict or dispute resolution 
                skills of students, teachers, and 
                administrators;
                  [(C) development and acquisition of equipment 
                and instructional materials to meet the needs 
                of, or otherwise be part of, hate crime or 
                conflict programs; and
                  [(D) professional training and development 
                for teachers and administrators on the causes, 
                effects, and resolutions of hate crimes or 
                hate-based conflicts.
          [(2) Application.--In order to be eligible to receive 
        a grant under this section for any fiscal year, a local 
        educational agency, or a local educational agency in 
        conjunction with a community-based organization, shall 
        submit an application to the Secretary in such form and 
        containing such information as the Secretary may 
        reasonably require.
          [(3) Requirements.--Each application under paragraph 
        (2) shall include--
                  [(A) a request for funds for the purpose 
                described in this section;
                  [(B) a description of the schools and 
                communities to be served by the grants; and
                  [(C) assurances that Federal funds received 
                under this section shall be used to supplement, 
                and not supplant, non-Federal funds.
          [(4) Comprehensive plan.--Each application shall 
        include a comprehensive plan that contains--
                  [(A) a description of the hate crime or 
                conflict problems within the schools or the 
                community targeted for assistance;
                  [(B) a description of the program to be 
                developed or augmented by such Federal and 
                matching funds;
                  [(C) assurances that such program or activity 
                shall be administered by or under the 
                supervision of the applicant;
                  [(D) procedures for the proper and efficient 
                administration of such program; and
                  [(E) fiscal control and fund accounting 
                procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this 
                section.
  [(c) Award of Grants.--
          [(1) Selection of recipients.--The Secretary shall 
        consider the incidence of crimes and conflicts 
        motivated by bias in the targeted schools and 
        communities in awarding grants under this section.
          [(2) Geographic distribution.--The Secretary shall 
        attempt, to the extent practicable, to achieve an 
        equitable geographic distribution of grant awards.
          [(3) Dissemination of information.--The Secretary 
        shall attempt, to the extent practicable, to make 
        available information regarding successful hate crime 
        prevention programs, including programs established or 
        expanded with grants under this section.
  [(d) Reports.--The Secretary shall submit to Congress a 
report every 2 years that shall contain a detailed statement 
regarding grants and awards, activities of grant recipients, 
and an evaluation of programs established under this section.]

[SEC. 4124. [20 U.S.C. 7134] SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
                    ADVISORY COMMITTEE.]

  [(a) Establishment.--
          [(1) In general.--There is hereby established an 
        advisory committee to be known as the ``Safe and Drug 
        Free Schools and Communities Advisory Committee'' 
        (referred to in this section as the ``Advisory 
        Committee'') to--
                  [(A) consult with the Secretary under 
                subsection (b);
                  [(B) coordinate Federal school- and 
                community-based substance abuse and violence 
                prevention programs and reduce duplicative 
                research or services;
                  [(C) develop core data sets and evaluation 
                protocols for safe and drug-free school- and 
                community-based programs;
                  [(D) provide technical assistance and 
                training for safe and drug-free school- and 
                community-based programs;
                  [(E) provide for the diffusion of 
                scientifically based research to safe and drug-
                free school- and community-based programs; and
                  [(F) review other regulations and standards 
                developed under this title.
          [(2) Composition.--The Advisory Committee shall be 
        composed of representatives from--
                  [(A) the Department of Education;
                  [(B) the Centers for Disease Control and 
                Prevention;
                  [(C) the National Institute on Drug Abuse;
                  [(D) the National Institute on Alcoholism and 
                Alcohol Abuse;
                  [(E) the Center for Substance Abuse 
                Prevention;
                  [(F) the Center for Mental Health Services;
                  [(G) the Office of Juvenile Justice and 
                Delinquency Prevention;
                  [(H) the Office of National Drug Control 
                Policy;
                  [(I) State and local governments, including 
                education agencies; and
                  [(J) researchers and expert practitioners.
          [(3) Consultation.--In carrying out its duties under 
        this section, the Advisory Committee shall annually 
        consult with interested State and local coordinators of 
        school- and community-based substance abuse and 
        violence prevention programs and other interested 
        groups.
  [(b) Programs.--
          [(1) In general.--From amounts made available under 
        section 4003(2) to carry out this subpart, the 
        Secretary, in consultation with the Advisory Committee, 
        shall carry out scientifically based research programs 
        to strengthen the accountability and effectiveness of 
        the State, chief executive officer's, and national 
        programs under this part.
          [(2) Grants, contracts or cooperative agreements.--
        The Secretary shall carry out paragraph (1) directly or 
        through grants, contracts, or cooperative agreements 
        with public and private entities and individuals or 
        through agreements with other Federal agencies.
          [(3) Coordination.--The Secretary shall coordinate 
        programs under this section with other appropriate 
        Federal activities.
          [(4) Activities.--Activities that may be carried out 
        under programs funded under this section may include--
                  [(A) the provision of technical assistance 
                and training, in collaboration with other 
                Federal agencies utilizing their expertise and 
                national and regional training systems, for 
                Governors, State educational agencies and local 
                educational agencies to support high quality, 
                effective programs that--
                          [(i) provide a thorough assessment of 
                        the substance abuse and violence 
                        problem;
                          [(ii) utilize objective data and the 
                        knowledge of a wide range of community 
                        members;
                          [(iii) develop measurable goals and 
                        objectives; and
                          [(iv) implement scientifically based 
                        research activities that have been 
                        shown to be effective and that meet 
                        identified needs;
                  [(B) the provision of technical assistance 
                and training to foster program accountability;
                  [(C) the diffusion and dissemination of best 
                practices and programs;
                  [(D) the development of core data sets and 
                evaluation tools;
                  [(E) program evaluations;
                  [(F) the provision of information on drug 
                abuse education and prevention to the Secretary 
                of Health and Human Services for dissemination 
                by the clearinghouse for alcohol and drug abuse 
                information established under section 
                501(d)(16) of the Public Health Service Act; 
                and
                  [(G) other activities that meet unmet needs 
                related to the purpose of this part and that 
                are undertaken in consultation with the 
                Advisory Committee.]

[SEC. 4125. [20 U.S.C. 7135] NATIONAL COORDINATOR PROGRAM.]

  [(a) In General.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary may provide for 
the establishment of a National Coordinator Program under which 
the Secretary shall award grants to local educational agencies 
for the hiring of drug prevention and school safety program 
coordinators.
  [(b) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used by local educational agencies to 
recruit, hire, and train individuals to serve as drug 
prevention and school safety program coordinators in schools 
with significant drug and school safety problems. Such 
coordinators shall be responsible for developing, conducting, 
and analyzing assessments of drug and crime problems at their 
schools, and administering the safe and drug-free grant program 
at such schools.]

[SEC. 4126. [20 U.S.C. 7136] COMMUNITY SERVICE GRANT PROGRAM.]

  [(a) In General.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary may make grants to 
States to carry out programs under which students expelled or 
suspended from school are required to perform community 
service.
  [(b) Allocation.--From the amount described in subsection 
(a), the Secretary shall allocate among the States--
          [(1) one-half according to the ratio between the 
        school-aged population of each State and the school-
        aged population of all the States; and
          [(2) one-half according to the ratio between the 
        amount each State received under section 1124A for the 
        preceding year and the sum of such amounts received by 
        all the States.
  [(c) Minimum.--For any fiscal year, no State shall be 
allotted under this section an amount that is less than one-
half of 1 percent of the total amount allotted to all the 
States under this section.
  [(d) Reallotment.--The Secretary may reallot any amount of 
any allotment to a State if the Secretary determines that the 
State will be unable to use such amount within 2 years of such 
allotment. Such reallotments shall be made on the same basis as 
allotments are made under subsection (b).
  [(e) Definition.--In this section, the term ``State'' means 
each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.]

[SEC. 4127. [20 U.S.C. 7137] SCHOOL SECURITY TECHNOLOGY AND RESOURCE 
                    CENTER.]

  [(a) Center.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary, the Attorney 
General, and the Secretary of Energy may enter into an 
agreement for the establishment at the Sandia National 
Laboratories, in partnership with the National Law Enforcement 
and Corrections Technology Center--Southeast and the National 
Center for Rural Law Enforcement in Little Rock, Arkansas, of a 
center to be known as the ``School Security Technology and 
Resource Center'' (hereafter in this section ``the Center'').
  [(b) Administration.--The Center established under subsection 
(a) shall be administered by the Attorney General.
  [(c) Functions.--The center established under subsection (a) 
shall be a resource to local educational agencies for school 
security assessments, security technology development, 
evaluation and implementation, and technical assistance 
relating to improving school security. The Center will also 
conduct and publish school violence research, coalesce data 
from victim communities, and monitor and report on schools that 
implement school security strategies.]

[SEC. 4128. [20 U.S.C. 7138] NATIONAL CENTER FOR SCHOOL AND YOUTH 
                    SAFETY.]

  [(a) Establishment.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary of Education 
and the Attorney General may jointly establish a National 
Center for School and Youth Safety (in this section referred to 
as the ``Center''). The Secretary of Education and the Attorney 
General may establish the Center at an existing facility, if 
the facility has a history of performing two or more of the 
duties described in subsection (b). The Secretary of Education 
and the Attorney General shall jointly appoint a Director of 
the Center to oversee the operation of the Center.
  [(b) Duties.--The Center shall carry out emergency response, 
anonymous student hotline, consultation, and information and 
outreach activities with respect to elementary and secondary 
school safety, including the following:
          [(1) Emergency response.--The staff of the Center, 
        and such temporary contract employees as the Director 
        of the Center shall determine necessary, shall offer 
        emergency assistance to local communities to respond to 
        school safety crises. Such assistance shall include 
        counseling for victims and the community, assistance to 
        law enforcement to address short-term security 
        concerns, and advice on how to enhance school safety, 
        prevent future incidents, and respond to future 
        incidents.
          [(2) Anonymous student hotline.--The Center shall 
        establish a toll-free telephone number for students to 
        report criminal activity, threats of criminal activity, 
        and other high-risk behaviors such as substance abuse, 
        gang or cult affiliation, depression, or other warning 
        signs of potentially violent behavior. The Center shall 
        relay the reports, without attribution, to local law 
        enforcement or appropriate school hotlines. The 
        Director of the Center shall work with the Attorney 
        General to establish guidelines for Center staff to 
        work with law enforcement around the Nation to relay 
        information reported through the hotline.
          [(3) Consultation.--The Center shall establish a 
        toll-free number for the public to contact staff of the 
        Center for consultation regarding school safety. The 
        Director of the Center shall hire administrative staff 
        and individuals with expertise in enhancing school 
        safety, including individuals with backgrounds in 
        counseling and psychology, education, law enforcement 
        and criminal justice, and community development to 
        assist in the consultation.
          [(4) Information and outreach.--The Center shall 
        compile information about the best practices in school 
        violence prevention, intervention, and crisis 
        management, and shall serve as a clearinghouse for 
        model school safety program information. The staff of 
        the Center shall work to ensure local governments, 
        school officials, parents, students, and law 
        enforcement officials and agencies are aware of the 
        resources, grants, and expertise available to enhance 
        school safety and prevent school crime. The staff of 
        the Center shall give special attention to providing 
        outreach to rural and impoverished communities.]

[SEC. 4129. [20 U.S.C. 7139] GRANTS TO REDUCE ALCOHOL ABUSE.]

  [(a) In General.--The Secretary, in consultation with the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, may award grants from funds made available to 
carry out this subpart under section 4003(2), on a competitive 
basis, to local educational agencies to enable such agencies to 
develop and implement innovative and effective programs to 
reduce alcohol abuse in secondary schools.
  [(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a local educational agency shall prepare and 
submit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary may 
require, including--
          [(1) a description of the activities to be carried 
        out under the grant;
          [(2) an assurance that such activities will include 
        one or more of the proven strategies for reducing 
        underage alcohol abuse as determined by the Substance 
        Abuse and Mental Health Services Administration;
          [(3) an explanation of how activities to be carried 
        out under the grant that are not described in paragraph 
        (2) will be effective in reducing underage alcohol 
        abuse, including references to the past effectiveness 
        of such activities;
          [(4) an assurance that the applicant will submit to 
        the Secretary an annual report concerning the 
        effectiveness of the programs and activities funded 
        under the grant; and
          [(5) such other information as the Secretary 
        determines appropriate.
  [(c) Streamlining of Process for Low-Income and Rural LEAs.--
The Secretary, in consultation with the Administrator of the 
Substance Abuse and Mental Health Services Administration, 
shall develop procedures to make the application process for 
grants under this section more user-friendly, particularly for 
low-income and rural local educational agencies.
  [(d) Reservations.--
          [(1) SAMHSA.--The Secretary may reserve 20 percent of 
        any amount used to carry out this section to enable the 
        Administrator of the Substance Abuse and Mental Health 
        Services Administration to provide alcohol abuse 
        resources and start-up assistance to local educational 
        agencies receiving grants under this section.
          [(2) Low-income and rural areas.--The Secretary may 
        reserve 25 percent of any amount used to carry out this 
        section to award grants to low-income and rural local 
        educational agencies.]

[SEC. 4130. [20 U.S.C. 7140] MENTORING PROGRAMS.]

  [(a) Purpose; Definitions.--
          [(1) Purpose.--The purpose of this section is to make 
        assistance available to promote mentoring programs for 
        children with greatest need--
                  [(A) to assist such children in receiving 
                support and guidance from a mentor;
                  [(B) to improve the academic achievement of 
                such children;
                  [(C) to improve interpersonal relationships 
                between such children and their peers, 
                teachers, other adults, and family members;
                  [(D) to reduce the dropout rate of such 
                children; and
                  [(E) to reduce juvenile delinquency and 
                involvement in gangs by such children.
          [(2) Definitions.--In this part:
                  [(A) Child with greatest need.--The term 
                ``child with greatest need'' means a child who 
                is at risk of educational failure, dropping out 
                of school, or involvement in criminal or 
                delinquent activities, or who lacks strong 
                positive role models.
                  [(B) Eligible entity.--The term ``eligible 
                entity'' means--
                          [(i) a local educational agency;
                          [(ii) a nonprofit, community-based 
                        organization; or
                          [(iii) a partnership between a local 
                        educational agency and a nonprofit, 
                        community-based organization.
                  [(C) Mentor.--The term ``mentor'' means a 
                responsible adult, a postsecondary school 
                student, or a secondary school student who 
                works with a child--
                          [(i) to provide a positive role model 
                        for the child;
                          [(ii) to establish a supportive 
                        relationship with the child; and
                          [(iii) 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.
                  [(D) State.--The term ``State'' means each of 
                the several States, the District of Columbia, 
                the Commonwealth of Puerto Rico, the United 
                States Virgin Islands, Guam, American Samoa, 
                and the Commonwealth of the Northern Mariana 
                Islands.
  [(b) Grant Program.--
          [(1) In general.--The Secretary may award grants from 
        funds made available to carry out this subpart under 
        section 4003(2) to eligible entities to assist such 
        entities in establishing and supporting mentoring 
        programs and activities for children with greatest need 
        that--
                  [(A) are designed to link such children 
                [(particularly children living in rural areas, 
                high-crime areas, or troubled home 
                environments, or children experiencing 
                educational failure) with mentors who--
                          [(i) have received training and 
                        support in mentoring;
                          [(ii) have been screened using 
                        appropriate reference checks, child and 
                        domestic abuse record checks, and 
                        criminal background checks; and
                          [(iii) are interested in working with 
                        children with greatest need; and
                  [(B) are intended to achieve one or more of 
                the following goals with respect to children 
                with greatest need:
                          [(i) Provide general guidance.
                          [(ii) Promote personal and social 
                        responsibility.
                          [(iii) Increase participation in, and 
                        enhance the ability to benefit from, 
                        elementary and secondary education.
                          [(iv) Discourage illegal use of drugs 
                        and alcohol, violence, use of dangerous 
                        weapons, promiscuous behavior, and 
                        other criminal, harmful, or potentially 
                        harmful activity.
                          [(v) Encourage participation in 
                        community service and community 
                        activities.
                          [(vi) Encourage setting goals and 
                        planning for the future, including 
                        encouragement of graduation from 
                        secondary school and planning for 
                        postsecondary education or training.
                          [(viii) Discourage involvement in 
                        gangs.
          [(2) Use of funds.--
                  [(A) In general.--Each eligible entity 
                awarded a grant under this subsection shall use 
                the grant funds for activities that establish 
                or implement a mentoring program, that may 
                include--
                          [(i) hiring of mentoring coordinators 
                        and support staff;
                          [(ii) providing for the professional 
                        development of mentoring coordinators 
                        and support staff;
                          [(iii) recruitment, screening, and 
                        training of mentors;
                          [(iv) reimbursement to schools, if 
                        appropriate, for the use of school 
                        materials or supplies in carrying out 
                        the mentoring program;
                          [(v) dissemination of outreach 
                        materials;
                          [(vi) evaluation of the mentoring 
                        program using scientifically based 
                        methods; and
                          [(vii) such other activities as the 
                        Secretary may reasonably prescribe by 
                        rule.
                  [(B) Prohibited uses.--Notwithstanding 
                subparagraph (A), an eligible entity awarded a 
                grant under this section may not use the grant 
                funds--
                          [(i) to directly compensate mentors;
                          [(ii) to obtain educational or other 
                        materials or equipment that would 
                        otherwise be used in the ordinary 
                        course of the eligible entity's 
                        operations;
                          [(iii) to support litigation of any 
                        kind; or
                          [(iv) for any other purpose 
                        reasonably prohibited by the Secretary 
                        by rule.
          [(3) Availability of funds.--Funds made available 
        through a grant under this section shall be available 
        for obligation for a period not to exceed 3 years.
          [(4) Application.--Each eligible entity seeking a 
        grant under this section shall submit to the Secretary 
        an application that includes--
                  [(A) a description of the plan for the 
                mentoring program the eligible entity proposes 
                to carry out with such grant;
                  [(B) information on the children expected to 
                be served by the mentoring program for which 
                such grant is sought;
                  [(C) a description of the mechanism the 
                eligible entity will use to match children with 
                mentors based on the needs of the children;
                  [(D) an assurance that no mentor will be 
                assigned to mentor so many children that the 
                assignment will undermine the mentor's ability 
                to be an effective mentor or the mentor's 
                ability to establish a close relationship (a 
                one-to-one relationship, where practicable) 
                with each mentored child;
                  [(E) an assurance that the mentoring program 
                will provide children with a variety of 
                experiences and support, including--
                          [(i) emotional support;
                          [(ii) academic assistance; and
                          [(iii) exposure to experiences that 
                        the children might not otherwise 
                        encounter on their own;
                  [(F) an assurance that the mentoring program 
                will be monitored to ensure that each child 
                assigned a mentor benefits from that assignment 
                and that the child will be assigned a new 
                mentor if the relationship between the original 
                mentor and the child is not beneficial to the 
                child;
                  [(G) information regarding how mentors and 
                children will be recruited to the mentoring 
                program;
                  [(H) information regarding how prospective 
                mentors will be screened;
                  [(I) information on the training that will be 
                provided to mentors; and
                  [(J) information on the system that the 
                eligible entity will use to manage and monitor 
                information relating to the mentoring 
                program's--
                          [(i) reference checks;
                          [(ii) child and domestic abuse record 
                        checks;
                          [(iii) criminal background checks; 
                        and
                          [(iv) procedure for matching children 
                        with mentors.
          [(5) Selection.--
                  [(A) Competitive basis.--In accordance with 
                this subsection, the Secretary shall award 
                grants to eligible entities on a competitive 
                basis.
                  [(B) Priority.--In awarding grants under 
                subparagraph (A), the Secretary shall give 
                priority to each eligible entity that--
                          [(i) serves children with greatest 
                        need living in rural areas, high-crime 
                        areas, or troubled home environments, 
                        or who attend schools with violence 
                        problems;
                          [(ii) provides high quality 
                        background screening of mentors, 
                        training of mentors, and technical 
                        assistance in carrying out mentoring 
                        programs; or
                          [(iii) proposes a school-based 
                        mentoring program.
                  [(C) Other considerations.--In awarding 
                grants under subparagraph (A), the Secretary 
                shall also consider--
                          [(i) the degree to which the location 
                        of the mentoring program proposed by 
                        each eligible entity contributes to a 
                        fair distribution of mentoring programs 
                        with respect to urban and rural 
                        locations;
                          [(ii) the quality of the mentoring 
                        program proposed by each eligible 
                        entity, including--
                                  [(I) the resources, if any, 
                                the eligible entity will 
                                dedicate to providing children 
                                with opportunities for job 
                                training or postsecondary 
                                education;
                                  [(II) the degree to which 
                                parents, teachers, community-
                                based organizations, and the 
                                local community have 
                                participated, or will 
                                participate, in the design and 
                                implementation of the proposed 
                                mentoring program;
                                  [(III) the degree to which 
                                the eligible entity can ensure 
                                that mentors will develop 
                                longstanding relationships with 
                                the children they mentor;
                                  [(IV) the degree to which the 
                                mentoring program will serve 
                                children with greatest need in 
                                the 4th through 8th grades; and
                                  [(V) the degree to which the 
                                mentoring program will continue 
                                to serve children from the 9th 
                                grade through graduation from 
                                secondary school, as needed; 
                                and
                          [(iii) the capability of each 
                        eligible entity to effectively 
                        implement its mentoring program.
                  [(D) Grant to each state.--Notwithstanding 
                any other provision of this subsection, in 
                awarding grants under subparagraph (A), the 
                Secretary shall select not less than one grant 
                recipient from each State for which there is an 
                eligible entity that submits an application of 
                sufficient quality pursuant to paragraph (4).
          [(6) Model screening guidelines.--
                  [(A) In general.--Based on model screening 
                guidelines developed by the Office of Juvenile 
                Programs of the Department of Justice, the 
                Secretary shall develop and distribute to each 
                eligible entity awarded a grant under this 
                section specific model guidelines for the 
                screening of mentors who seek to participate in 
                mentoring programs assisted under this section.
                  [(B) Background checks.--The guidelines 
                developed under this subsection shall include, 
                at a minimum, a requirement that potential 
                mentors be subject to reference checks, child 
                and domestic abuse record checks, and criminal 
                background checks.]

                      [Subpart 3--Gun Possession]

[SEC. 4141. [20 U.S.C. 7151] GUN-FREE REQUIREMENTS.]

  [(a) Short Title.--This subpart may be cited as the ``Gun-
Free Schools Act''.
  [(b) Requirements.--
          [(1) In general.--Each State receiving Federal funds 
        under any title of this Act shall have in effect a 
        State law requiring local educational agencies to expel 
        from school for a period of not less than 1 year a 
        student who is determined to have brought a firearm to 
        a school, or to have possessed a firearm at a school, 
        under the jurisdiction of local educational agencies in 
        that State, except that such State law shall allow the 
        chief administering officer of a local educational 
        agency to modify such expulsion requirement for a 
        student on a case-by-case basis if such modification is 
        in writing.
          [(2) Construction.--Nothing in this subpart shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
          [(3) Definition.--For the purpose of this section, 
        the term ``firearm'' has the same meaning given such 
        term in section 921(a) of title 18, United States Code.
  [(c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
  [(d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
          [(1) an assurance that such local educational agency 
        is in compliance with the State law required by 
        subsection (b); and
          [(2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                  [(A) the name of the school concerned;
                  [(B) the number of students expelled from 
                such school; and
                  [(C) the type of firearms concerned.
  [(e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
  [(f) Definition.--For the purpose of subsection (d), the term 
``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
  [(g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
  [(h) Policy Regarding Criminal Justice System Referral.--
          [(1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
          [(2) Definition.--For the purpose of this subsection, 
        the term ``school'' has the same meaning given to such 
        term by section 921(a) of title 18, United States 
        Code.]

                    [Subpart 4--General Provisions]

[SEC. 4151. [20 U.S.C. 7161] DEFINITIONS.]

  [In this part:
          [(1) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V in section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
          [(2) Drug.--The term ``drug'' includes controlled 
        substances; the illegal use of alcohol and tobacco; and 
        the harmful, abusive, or addictive use of substances, 
        including inhalants and anabolic steroids.
          [(3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                  [(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or 
                education related to the illegal use of drugs;
                  [(B) with respect to violence, the promotion 
                of school safety, such that students and school 
                personnel are free from violent and disruptive 
                acts, including sexual harassment and abuse, 
                and victimization associated with prejudice and 
                intolerance, on school premises, going to and 
                from school, and at school-sponsored 
                activities, through the creation and 
                maintenance of a school environment that is 
                free of weapons and fosters individual 
                responsibility and respect for the rights of 
                others.
          [(4) Hate crime.--The term ``hate crime'' means a 
        crime as described in section 1(b) of the Hate Crime 
        Statistics Act of 1990.
          [(5) Nonprofit.--The term ``nonprofit'', as applied 
        to a school, agency, organization, or institution means 
        a school, agency, organization, or institution owned 
        and operated by one or more nonprofit corporations or 
        associations, no part of the net earnings of which 
        inures, or may lawfully inure, to the benefit of any 
        private shareholder or individual.
          [(6) Protective factor, buffer, or asset.--The terms 
        ``protective factor'', ``buffer'', and ``asset'' mean 
        any one of a number of the community, school, family, 
        or peer-individual domains that are known, through 
        prospective, longitudinal research efforts, or which 
        are grounded in a well-established theoretical model of 
        prevention, and have been shown to prevent alcohol, 
        tobacco, or illegal drug use, as well as violent 
        behavior, by youth in the community, and which promote 
        positive youth development.
          [(7) Risk factor.--The term ``risk factor'' means any 
        one of a number of characteristics of the community, 
        school, family, or peer-individual domains that are 
        known, through prospective, longitudinal research 
        efforts, to be predictive of alcohol, tobacco, and 
        illegal drug use, as well as violent behavior, by youth 
        in the school and community.
          [(8) School-aged population.--The term ``school-aged 
        population'' means the population aged five through 17, 
        as determined by the Secretary on the basis of the most 
        recent satisfactory data available from the Department 
        of Commerce.
          [(9) School based mental health services provider.--
        The term ``school based mental health services 
        provider'' includes a State licensed or State certified 
        school counselor, school psychologist, school social 
        worker, or other State licensed or certified mental 
        health professional qualified under State law to 
        provide such services to children and adolescents.
          [(10) School personnel.--The term ``school 
        personnel'' includes teachers, principals, 
        administrators, counselors, social workers, 
        psychologists, nurses, librarians, and other support 
        staff who are employed by a school or who perform 
        services for the school on a contractual basis.
          [(11) School resource officer.--The term ``school 
        resource officer'' means a career law enforcement 
        officer, with sworn authority, deployed in community 
        oriented policing, and assigned by the employing police 
        department to a local educational agency to work in 
        collaboration with schools and community based 
        organizations to--
                  [(A) educate students in crime and illegal 
                drug use prevention and safety;
                  [(B) develop or expand community justice 
                initiatives for students; and
                  [(C) train students in conflict resolution, 
                restorative justice, and crime and illegal drug 
                use awareness.]

[SEC. 4152. [20 U.S.C. 7162] MESSAGE AND MATERIALS.]

  [(a) ``Wrong and Harmful'' Message.--Drug and violence 
prevention programs supported under this part shall convey a 
clear and consistent message that the illegal use of drugs and 
acts of violence are wrong and harmful.
  [(b) Curriculum.--The Secretary shall not prescribe the use 
of specific curricula for programs supported under this part.]

[SEC. 4153. [20 U.S.C. 7163] 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 or activity funded 
under this part. 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 part, 
other than classroom instruction.]

[SEC. 4154. [20 U.S.C. 7164] PROHIBITED USES OF FUNDS.]

  [No funds under this part may be used for--
          [(1) construction (except for minor remodeling needed 
        to accomplish the purposes of this part); or
          [(2) medical services, drug treatment or 
        rehabilitation, except for pupil services or referral 
        to treatment for students who are victims of, or 
        witnesses to, crime or who illegally use drugs.]

[SEC. 4155. [20 U.S.C. 7165] TRANSFER OF SCHOOL DISCIPLINARY RECORDS.]

  [(a) Nonapplication of Provisions.--This section shall not 
apply to any disciplinary records with respect to a suspension 
or expulsion that are transferred from a private, parochial or 
other nonpublic school, person, institution, or other entity, 
that provides education below the college level.
  [(b) Disciplinary Records.--In accordance with the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), 
not later than 2 years after the date of enactment of this 
part, each State receiving Federal funds under this Act shall 
provide an assurance to the Secretary that the State has a 
procedure in place to facilitate the transfer of disciplinary 
records, with respect to a suspension or expulsion, by local 
educational agencies to any private or public elementary school 
or secondary school for any student who is enrolled or seeks, 
intends, or is instructed to enroll, on a full- or part-time 
basis, in the school.]

     PART A--IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT

SEC. 4101. SHORT TITLE.

  This part may be cited as the ``Improving Literacy 
Instruction and Student Achievement Act''.

SEC. 4102. PURPOSES.

  The purposes of this part are--
          (1) to improve student academic achievement in 
        reading and writing by providing Federal support to 
        State educational agencies to develop, coordinate, and 
        implement comprehensive literacy plans that ensure 
        high-quality instruction and effective strategies in 
        reading and writing from early education through grade 
        12; and
          (2) to assist State educational agencies in achieving 
        the purpose described in paragraph (1) by--
                  (A) supporting the development and 
                implementation of comprehensive early learning 
                through grade 12 literacy programs in every 
                State that are based on scientifically valid 
                research, to ensure that every child can read 
                and write at grade level or above;
                  (B) providing children with learning 
                opportunities in high-quality, language rich, 
                literature rich, informational text rich, 
                culturally relevant, and developmentally 
                appropriate environments so that the children 
                develop the fundamental knowledge and skills 
                necessary for literacy engagement, development, 
                and achievement in kindergarten through grade 
                12;
                  (C) educating parents in the ways the parents 
                can support their child's communication and 
                literacy development;
                  (D) supporting efforts to link and align 
                standards and research-based instruction and 
                teaching practices in early learning programs;
                  (E) supporting high-quality and effective 
                strategies for children to develop oral 
                language, reading, and writing abilities 
                through high-quality research-based instruction 
                and teaching practices;
                  (F) improving academic achievement by 
                establishing adolescent literacy initiatives 
                that provide explicit and systematic 
                instruction in oral language, reading, and 
                writing development across the curriculum;
                  (G) identifying and supporting children 
                reading and writing significantly below grade 
                level by providing research-based, intensive 
                interventions, including interventions 
                conducted during extended learning time, to 
                help the children acquire the language and 
                literacy skills the children need to stay on 
                track for graduation;
                  (H) providing assistance to local educational 
                agencies in order to provide educators with 
                ongoing, job embedded professional development, 
                and other support, that focuses on--
                          (i) effective literacy instruction; 
                        and
                          (ii) the special knowledge and skills 
                        necessary to teach and support literacy 
                        development effectively across the 
                        developmental and age span;
                  (I) supporting State educational agencies and 
                local educational agencies in improving 
                reading, writing, and literacy-based academic 
                achievement for children, especially children 
                who are low-income individuals, are English 
                learners, are migratory, are children with 
                disabilities, are Indian or Alaskan Native, are 
                neglected or delinquent, are homeless, are in 
                the custody of the child welfare system, or 
                have dropped out of school;
                  (J) supporting State educational agencies and 
                local educational agencies in using age 
                appropriate and developmentally and 
                linguistically appropriate instructional 
                materials and strategies that assist teachers 
                as the teachers work with children to develop 
                reading and writing competencies appropriate to 
                the children's grade and skill levels;
                  (K) strengthening coordination among schools, 
                early literacy programs, family literacy 
                programs, juvenile justice programs, public 
                libraries, and outside-of-school programs that 
                provide children with strategies, curricula, 
                interventions, and assessments designed to 
                advance early and continuing language and 
                literacy development in ways appropriate for 
                each context;
                  (L) supporting professional development for 
                educators based on scientific approaches to 
                adult learning; and
                  (M) evaluating whether the professional 
                development activities and approaches are 
                effective in building knowledge and skills of 
                educators and their use of appropriate and 
                effective practices.

SEC. 4103. DEFINITIONS.

  In this part:
          (1) Child.--The term ``child'' means an individual 
        from the age of birth through the final year for which 
        the State provides free public education.
          (2) Classroom-based instructional assessment.--The 
        term ``classroom-based instructional assessment'' means 
        an assessment for children from birth through grade 3 
        that--
                  (A) is valid and reliable for the age and 
                population of children served in the program;
                  (B) is used to evaluate children's 
                developmental progress and learning and 
                includes systematic observations by teachers of 
                children performing tasks, including academic 
                and literacy tasks, that are part of the 
                children's daily classroom experience; and
                  (C) is used to improve classroom instruction.
          (3) Comprehensive literacy instruction.--The term 
        ``comprehensive literacy instruction'' means 
        instruction that--
                  (A) incorporates effective literacy 
                instruction; and
                  (B) is designed to support--
                          (i) developmentally appropriate, 
                        contextually explicit, systematic 
                        instruction, and frequent practice, in 
                        reading across content areas; and
                          (ii) developmentally appropriate and 
                        contextually explicit instruction, and 
                        frequent practice, in writing across 
                        content areas.
          (4) Developmental delay.--The term ``developmental 
        delay'' has the meaning given the term in section 632 
        of the Individuals with Disabilities Education Act (20 
        U.S.C. 1432).
          (5) Early learning program.--The term ``early 
        learning program'' means a program serving children 
        between the ages of birth and kindergarten entry.
          (6) Effective literacy instruction.--
                  (A) In general.--The term ``effective 
                literacy instruction'' means literacy 
                instruction that--
                          (i) includes age-appropriate, 
                        explicit, systematic, and intentional 
                        instruction in phonological awareness, 
                        phonic decoding, vocabulary, language 
                        structure, reading fluency, and reading 
                        comprehension;
                          (ii) includes age-appropriate, 
                        explicit instruction in writing, 
                        including opportunities for children to 
                        write with clear purposes, with 
                        critical reasoning appropriate to the 
                        topic and purpose, and with specific 
                        instruction and feedback from 
                        instructional staff;
                          (iii) makes available and uses 
                        diverse, high-quality print materials 
                        that reflect the reading and 
                        development levels, and interests, of 
                        children;
                          (iv) uses differentiated 
                        instructional approaches, including 
                        individual and small group instruction 
                        and discussion;
                          (v) provides opportunities for 
                        children to use language with peers and 
                        adults in order to develop language 
                        skills, including developing 
                        vocabulary;
                          (vi) includes frequent practice of 
                        reading and writing strategies;
                          (vii) uses age-appropriate, valid, 
                        and reliable screening assessments, 
                        diagnostic assessments, formative 
                        assessments, and summative assessments 
                        to identify a child's learning needs, 
                        to inform instruction, and to monitor 
                        the child's progress and the effects of 
                        instruction;
                          (viii) uses strategies to enhance 
                        children's motivation to read and write 
                        and children's engagement in self-
                        directed learning;
                          (ix) incorporates the principles of 
                        universal design for learning;
                          (x) depends on teachers' 
                        collaboration in planning, instruction, 
                        and assessing a child's progress and on 
                        continuous professional learning; and
                          (xi) links literacy instruction to 
                        the State college and career ready 
                        academic content standards under 
                        section 1111(a)(1), including the 
                        ability to navigate, understand, and 
                        write about, complex print and digital 
                        subject matter.
                  (B) Birth through kindergarten.--When used 
                with respect to instruction for children from 
                birth to kindergarten entry, the term 
                ``effective literacy instruction'' also 
                includes--
                          (i) developing such children's 
                        alphabet knowledge, reading aloud to 
                        children, discussing reading and 
                        writing with children, and modeling age 
                        and developmentally appropriate reading 
                        and writing strategies; and
                          (ii) encouraging children's early 
                        attempts at oral communication, 
                        reading, and writing.
                  (C) Kindergarten through grade 12.--When used 
                with respect to the instruction of children in 
                kindergarten through grade 12, the term 
                ``effective literacy instruction'' also 
                includes--
                          (i) providing systematic and 
                        intensive interventions, which can be 
                        provided inside or outside the 
                        classroom as well as before, during, or 
                        after regular school hours, to 
                        supplement regular instruction for 
                        children reading below grade level;
                          (ii) providing reading and writing 
                        opportunities that build academic 
                        vocabulary and knowledge of different 
                        text structures in core academic 
                        subjects;
                          (iii) enabling children to write, 
                        communicate, and create knowledge, in 
                        ways that fit purpose, audience, 
                        occasion, discipline, and format, 
                        including practice in--
                                  (I) adhering to language 
                                conventions, including 
                                spelling, punctuation, and 
                                grammar;
                                  (II) planning and revising to 
                                improve clarity, coherence, 
                                logical development, and 
                                language usage; and
                                  (III) writing individually 
                                and collaboratively with 
                                feedback from instructors and 
                                peers; and
                          (iv) cultivating shared 
                        responsibility for children's literacy 
                        learning by coordinating writing tasks, 
                        instructional practices, and criteria 
                        for feedback across academic content 
                        areas.
          (7) Eligible entity.--The term ``eligible entity'' 
        means an entity--
                  (A) that serves high-need children; and
                  (B)(i) when used with respect to a subgrant 
                under section 4108, that consists of--
                                  (I) 1 or more local 
                                educational agencies providing 
                                early learning programs that 
                                have a demonstrated record of 
                                providing comprehensive 
                                literacy instruction for the 
                                age group such agencies or 
                                programs propose to serve;
                                  (II) 1 or more public or 
                                private early learning 
                                programs, such as a Head Start 
                                program, a child care program, 
                                a State-funded prekindergarten 
                                program, a public library 
                                program, or a family literacy 
                                program, that have a 
                                demonstrated record of 
                                providing comprehensive 
                                literacy instruction for the 
                                age group such programs propose 
                                to serve; or
                                  (III) 1 or more local 
                                educational agencies providing 
                                early learning programs, or 1 
                                or more public or private early 
                                learning programs, such as a 
                                Head Start program, a child 
                                care program, a State-funded 
                                prekindergarten program, a 
                                public library program, or a 
                                family literacy program, in 
                                partnership with 1 or more 
                                public or private nonprofit 
                                organizations or agencies that 
                                have a demonstrated record of 
                                effectiveness--
                                          (aa) in improving the 
                                        early literacy 
                                        development of children 
                                        from birth through 
                                        kindergarten entry; and
                                          (bb) in providing 
                                        professional 
                                        development aligned 
                                        with the activities 
                                        described in section 
                                        4108(e)(1); or
                          (ii) when used with respect to a 
                        subgrant under section 4109--
                                  (I) that is--
                                          (aa) a local 
                                        educational agency;
                                          (bb) a consortium of 
                                        local educational 
                                        agencies; or
                                          (cc) a local 
                                        educational agency or 
                                        consortium of local 
                                        educational agencies 
                                        acting in partnership 
                                        with 1 or more public 
                                        or private nonprofit 
                                        organizations or 
                                        agencies that have a 
                                        demonstrated record of 
                                        effectiveness in--
                                                  (AA) 
                                                improving 
                                                literacy 
                                                achievement of 
                                                children 
                                                consistent with 
                                                the purposes of 
                                                their 
                                                participation 
                                                from 
                                                kindergarten 
                                                through grade 
                                                12; and
                                                  (BB) 
                                                providing 
                                                professional 
                                                development 
                                                aligned with 
                                                the activities 
                                                described in 
                                                subsection (b) 
                                                and (c) of 
                                                section 4109; 
                                                and
                                  (II)(aa) has the highest 
                                numbers or proportion of 
                                children who are counted under 
                                section 1124(c), in comparison 
                                to other local educational 
                                agencies in the State;
                                  (bb) is among or consists of 
                                the local educational agencies 
                                in the State with the highest 
                                numbers or percentages of 
                                children reading or writing 
                                below grade level, based on the 
                                most currently available State 
                                academic assessment data under 
                                section 1111(a); or
                                  (cc) has jurisdiction over a 
                                significant number or 
                                percentage of schools that are 
                                identified as persistently low-
                                achieving under section 
                                1116(c)(2).
          (8) English language acquisition.--
                  (A) In general.--The term ``English language 
                acquisition'' means the process by which a non-
                native English speaker acquires proficiency in 
                speaking, listening, reading, and writing the 
                English language.
                  (B) Inclusions for english learners in 
                school.--For an English learner in school, such 
                term includes not only the social language 
                proficiency needed to participate in the school 
                environment, but also the academic language 
                proficiency needed to acquire literacy and 
                academic content and demonstrate the child's 
                learning.
          (9) Family literacy services.--The term ``family 
        literacy services'' means literacy services provided to 
        participants on a voluntary basis that are of 
        sufficient intensity and quality, that better enable 
        parents to support their children's learning needs, and 
        that integrate--
                  (A) interactive literacy activities between 
                or among family members who are primary 
                caregivers and their children, including family 
                literacy education to improve literacy of 
                parents; and
                  (B) training for family members who are 
                primary caregivers regarding how to be the 
                primary teacher for their children and full 
                partners in the education of their children.
          (10) Formative assessment.--The term ``formative 
        assessment'' means an assessment that--
                  (A) is teacher-generated or selected by 
                teachers or instructional leaders for use 
                during learning;
                  (B) is embedded within the learning activity 
                and linked directly to the intended outcomes of 
                the current unit of instruction; and
                  (C) provides feedback to help adjust ongoing 
                teaching and learning to improve children's 
                achievement of intended instructional outcomes.
          (11) High-quality professional development.--The term 
        ``high-quality professional development'' means 
        professional development that--
                  (A) is job-embedded, ongoing, and based on 
                scientifically valid research;
                  (B) is sustained, intensive, and classroom-
                focused, and is not limited in scope to a 1-day 
                or short-term workshop or conference;
                  (C) is designed to increase the knowledge and 
                expertise of teachers, early childhood 
                educators and administrators, principals, other 
                instructional leaders, and other program staff 
                in applying--
                          (i) effective literacy instruction; 
                        and
                          (ii) instructional strategies and 
                        practices that are appropriate to the 
                        age, development, and needs of children 
                        and improve learning, including 
                        strategies and practices consistent 
                        with the principles of universal design 
                        for learning;
                  (D) includes and supports teachers in 
                effectively administering age and 
                developmentally appropriate assessments, and 
                analyzing the results of these assessments for 
                the purposes of planning, monitoring, adapting, 
                and improving effective classroom instruction 
                or teaching strategies to improve child 
                literacy;
                  (E) includes instructional strategies 
                utilizing one-to-one, small group, and 
                classroom-based instructional materials and 
                approaches based on scientifically valid 
                research on literacy;
                  (F) provides ongoing instructional literacy 
                coaching--
                          (i) to ensure high-quality 
                        implementation of comprehensive 
                        literacy instruction that is--
                                  (I) content centered;
                                  (II) integrated across the 
                                curriculum;
                                  (III) collaborative; and
                                  (IV) school, setting, and 
                                classroom embedded; and
                          (ii) that uses student data to 
                        improve instruction;
                  (G) includes and supports teachers in setting 
                high reading and writing achievement goals for 
                all children and provides the teachers with the 
                instructional tools and skills to help children 
                reach such goals;
                  (H) for educators serving children in 
                kindergarten through grade 12--
                          (i) supports effective literacy 
                        instruction through core academic 
                        subjects, and through career and 
                        technical education subjects where such 
                        career and technical education subjects 
                        provide for the integration of core 
                        academic subjects; and
                          (ii) includes explicit instruction in 
                        discipline-specific thinking and how to 
                        read and interpret discipline-specific 
                        text structures and features;
                  (I) is differentiated for educators working 
                with children from birth through kindergarten 
                entry, children in kindergarten through grade 
                3, and children in grades 4 through 12, and, as 
                appropriate, based on the grade or needs of the 
                children; and
                  (J) supports family literacy experiences and 
                practices, and educating parents, teachers, and 
                other caregivers about literacy development and 
                child literacy development.
          (12) Instructional leader.--The term ``instructional 
        leader'' means an individual who--
                  (A) is an employee or officer of a school; 
                and
                  (B) is responsible for--
                          (i) the school's performance; and
                          (ii) the daily instructional and 
                        managerial operations of the school.
          (13) Literacy coach.--The term ``literacy coach'' 
        means a professional--
                  (A) who has--
                          (i) previous teaching experience; and
                          (ii)(I) a master's degree with a 
                        concentration in reading and writing 
                        education or demonstrated proficiency 
                        in teaching reading or writing in a 
                        core academic subject consistent with 
                        effective literacy instruction; or
                          (II) in the case of a literacy coach 
                        for children from birth through 
                        kindergarten entry, a concentration, 
                        credential, or significant experience 
                        in child development and early literacy 
                        development;
                  (B) who supports teachers to--
                          (i) apply research on how children 
                        become successful readers, writers, and 
                        communicators;
                          (ii) apply multiple forms of 
                        assessment to guide instructional 
                        decisionmaking and use data to improve 
                        literacy instruction;
                          (iii) improve children's writing and 
                        reading in and across content areas 
                        such as mathematics, science, social 
                        studies, and language arts;
                          (iv) develop and implement 
                        differentiated instruction and teaching 
                        approaches to serve the needs of the 
                        full range of learners, including 
                        English learners and children with 
                        disabilities;
                          (v) apply principles of universal 
                        design for learning;
                          (vi) employ best practices in 
                        engaging principals, early learning 
                        program educators and administrators, 
                        teachers, and other relevant 
                        professionals to change school cultures 
                        that encourage and support literacy 
                        development and achievement; and
                          (vii) set for children birth through 
                        kindergarten developmentally 
                        appropriate expectations for language 
                        and literacy development, and high 
                        reading and writing achievement goals 
                        for all children and select, acquire, 
                        and use instructional tools and skills 
                        to help children reach such goals; and
                  (C) whose role with teachers and 
                professionals supporting literacy instruction 
                is--
                          (i) to provide high-quality 
                        professional development, consistent 
                        with the definition of comprehensive 
                        literacy instruction;
                          (ii) to work cooperatively and 
                        collaboratively with principals, 
                        teachers, and other professionals in 
                        employing strategies to help teachers 
                        identify and support child literacy and 
                        language development needs and teach 
                        literacy across the content areas and 
                        developmental domains; and
                          (iii) to work cooperatively and 
                        collaboratively with other 
                        professionals in employing strategies 
                        to help teachers teach literacy across 
                        the content areas so that the teachers 
                        can meet the needs of all children, 
                        including children with disabilities, 
                        English learners, and children who are 
                        reading at or above grade level.
          (14) Local educational agency.--The term ``local 
        educational agency''--
                  (A) has the meaning given the term in section 
                9101; and
                  (B) includes any public charter school that 
                constitutes a local educational agency under 
                State law.
          (15) Reading.--The term ``reading'' means a complex 
        system of deriving meaning from print that is 
        developmentally appropriate, 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 read with comprehension.
                  (C) The ability to decode unfamiliar words 
                with fluency.
                  (D) The use of background knowledge and 
                vocabulary to make meaning from a text.
                  (E) The development and use of appropriate 
                active strategies to interpret and construct 
                meaning from print.
                  (F) The development and maintenance of a 
                motivation to read.
          (16) Scientifically valid research.--The term 
        ``scientifically valid research'' has the meaning given 
        the term in section 200 of the Higher Education Act of 
        1965 (20 U.S.C. 1021).
          (17) Screening assessment.--The term ``screening 
        assessment'' means an assessment that is--
                  (A) valid, reliable, and based on 
                scientifically based reading research; and
                  (B) 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.
          (18) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
          (19) State literacy leadership team.--
                  (A) In general.--The term ``State literacy 
                leadership team'' means a team that--
                          (i) is appointed and coordinated by 
                        the State educational agency;
                          (ii) assumes the responsibility to 
                        guide the development and 
                        implementation of a statewide, 
                        comprehensive literacy plan;
                          (iii) shall include, at a minimum--
                                  (I) a school principal with 
                                literacy expertise;
                                  (II) a teacher with literacy 
                                expertise;
                                  (III) a teacher or 
                                administrator with expertise in 
                                special education;
                                  (IV) a teacher or 
                                administrator with expertise in 
                                teaching the English language 
                                to English learners;
                                  (V) a representative from the 
                                State educational agency who 
                                oversees literacy initiatives; 
                                and
                                  (VI) a representative from 
                                higher education who is 
                                actively involved in research, 
                                development, or teacher 
                                preparation in comprehensive 
                                literacy instruction and 
                                intervention based on 
                                scientifically valid research;
                          (iv) may include--
                                  (I) a literacy specialist 
                                serving in a school district 
                                within the State;
                                  (II) a literacy coach;
                                  (III) a librarian;
                                  (IV) a representative with 
                                family literacy expertise;
                                  (V) a representative from a 
                                State child-serving agency with 
                                expertise in comprehensive 
                                language and literacy 
                                instruction and strategies;
                                  (VI) a school counselor;
                                  (VII) a teacher of a core 
                                academic subject;
                                  (VIII) a special education 
                                administrator;
                                  (IX) a professor from a 4-
                                year institution of higher 
                                education;
                                  (X) a parent;
                                  (XI) a business leader;
                                  (XII) the Governor or a 
                                delegated representative of the 
                                Governor;
                                  (XIII) a representative from 
                                the State board of education;
                                  (XIV) a representative from 
                                the State legislature;
                                  (XV) a representative of a 
                                nonprofit and community-based 
                                organization providing 
                                comprehensive literacy 
                                instruction and support; and
                                  (XVI) a representative from a 
                                school district 
                                superintendent's office; and
                          (v) shall include, among the 
                        individuals selected to be members of 
                        the council pursuant to clauses (iii) 
                        and (iv), not less than 5 individuals 
                        who have literacy expertise in 1 of 
                        each of the areas of--
                                  (I) birth through 
                                kindergarten entry, such as the 
                                State Head Start collaboration 
                                director;
                                  (II) kindergarten entry 
                                through grade 3;
                                  (III) grades 4 through 12;
                                  (IV) English learners; and
                                  (V) special education.
                  (B) Inclusion of a preexisting partnership.--
                If, before the date of enactment of the 
                Elementary and Secondary Education 
                Reauthorization Act of 2011, a State 
                educational agency established a consortium, 
                partnership, or any other similar body that was 
                considered a literacy partnership for purposes 
                of subpart 1 or 2 of part B of title I (as such 
                title was in effect on such date) and that 
                includes the individuals required under clauses 
                (iii) and (v) of subparagraph (A), such 
                consortium, partnership, or body may be 
                considered a State literacy leadership team for 
                purposes of subparagraph (A).
          (20) Summative assessment.--The term ``summative 
        assessment'' means an assessment that--
                  (A) is valid, reliable, and based on 
                scientifically valid research on literacy and 
                English language acquisition; and
                  (B) for children from birth through 
                kindergarten entry, measures how young children 
                have progressed over time relative to 
                developmental norms, and for children in 
                kindergarten through grade 12, measures what 
                children have learned over time, relative to 
                academic content standards.
          (21) Writing.--The term ``writing'' means--
                  (A) composing meaning in print or through 
                other media, including technologies, to 
                communicate and to create new knowledge in ways 
                appropriate to the context of the writing and 
                the literacy development stage of the writer;
                  (B) composing ideas individually and 
                collaboratively in ways that are appropriate 
                for a variety of purposes, audiences, and 
                occasions;
                  (C) choosing vocabulary, tone, genre, and 
                conventions, such as spelling and punctuation, 
                suitable to the purpose, audience, and 
                occasion; and
                  (D) revising compositions for clarity of 
                ideas, coherence, logical development, and 
                precision of language use.

SEC. 4104. PROGRAM AUTHORIZED.

  (a) Reservations and Awards to State Educational Agencies.--
          (1) In general.--From the amounts appropriated to 
        carry out this part for a fiscal year, the Secretary 
        shall--
                  (A) reserve not more than a total of 4 
                percent of such amounts for dissemination of 
                information and technical assistance under 
                section 4110;
                  (B) reserve not more than 5 percent of such 
                amounts to award planning grants, on a 
                competitive basis, to State educational 
                agencies serving States, in accordance with 
                section 4105;
                  (C) in the case of a fiscal year for which 
                the amounts to carry out this part are less 
                than $500,000,000, use the amount not reserved 
                under subparagraphs (A) and (B) to make awards, 
                on a competitive basis, to State educational 
                agencies serving States that have applications 
                approved under section 4106 to enable the State 
                educational agencies to carry out the 
                activities described in section 4106(a); and
                  (D) in the case of a fiscal year for which 
                the amounts appropriated to carry out this part 
                are equal to or exceeding $500,000,000--
                          (i) reserve a total of 1 percent of 
                        such amount for--
                                  (I) allotments for the United 
                                States Virgin Islands, Guam, 
                                American Samoa, and the 
                                Commonwealth of the Northern 
                                Mariana Islands, to be 
                                distributed among such outlying 
                                areas on the basis of their 
                                relative need, as determined by 
                                the Secretary in accordance 
                                with the purposes of this part; 
                                and
                                  (II) the Secretary of the 
                                Interior for programs under 
                                sections 4105 through 4109 in 
                                schools operated or funded by 
                                the Bureau of Indian Education; 
                                and
                          (ii) use the amount not reserved 
                        under clause (i) and subparagraphs (A) 
                        and (B) to make awards, as described in 
                        paragraph (2), to State educational 
                        agencies serving States that have 
                        applications approved under section 
                        4106 to enable the State educational 
                        agencies to carry out the activities 
                        described in section 4106(a).
          (2) Special rules for years with funds equal or 
        exceeding $500,000,000.--
                  (A) Proportional division.--In each fiscal 
                year described in paragraph (1)(D), the amount 
                reserved under paragraph (1)(D)(i) shall be 
                divided between the uses described in 
                subclauses (I) and (II) of such paragraph in 
                the same proportion as the amount reserved 
                under section 1121(a) is divided between the 
                uses described in paragraphs (1) and (2) of 
                such section for such fiscal year.
                  (B) Consultation.--A State educational agency 
                that receives an allotment under paragraph 
                (1)(D)(ii) shall engage in timely and 
                meaningful consultation with representatives of 
                Indian tribes located in the State in order to 
                improve the coordination and quality of 
                activities designed to develop effective 
                approaches to achieve the purposes of this part 
                consistent with the cultural, language, and 
                educational needs of Indian children.
                  (C) State allotment formula.--The Secretary 
                shall allot the amount made available under 
                paragraph (1)(D)(ii) for a fiscal year among 
                the States in proportion to the number of 
                children, from birth through age 17, who reside 
                within the State and are from families with 
                incomes below the poverty line for the most 
                recent fiscal year for which satisfactory data 
                are available, compared to the number of such 
                children who reside in all States for that 
                fiscal year.
          (3) Minimum award amount.--No State educational 
        agency receiving an award under this section for a 
        fiscal year may receive less than one-fourth of 1 
        percent of the total amount appropriated to carry out 
        this part for the fiscal year.
          (4) Puerto rico.--The amount allotted under paragraph 
        (1)(C) to the Commonwealth of Puerto Rico for a fiscal 
        year may not exceed one-fourth of 1 percent of the 
        total amount appropriated to carry out this part for 
        such fiscal year.
  (b) Peer Review.--
          (1) In general.--The Secretary shall convene a peer 
        review panel to evaluate the applications to carry out 
        section 4105 or 4106 using the evaluation criteria 
        described in paragraph (2).
          (2) Development of evaluation criteria.--The 
        Secretary shall report to the authorizing committees 
        regarding the peer review process and evaluation 
        criteria that shall be used to evaluate the grant 
        applications to carry out sections 4105 and 4106.
          (3) Membership.--
                  (A) Composition.--A peer review panel 
                convened under paragraph (1) shall be composed 
                of not less than 9 members, of whom--
                          (i) 3 shall be appointed by the 
                        Secretary;
                          (ii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                  (I) recommended by the 
                                Chairman of the National 
                                Research Council of the 
                                National Academy of Sciences; 
                                and
                                  (II) with expertise in 
                                comprehensive language and 
                                literacy instruction and 
                                strategies; and
                          (iii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                  (I) recommended by the 
                                Director of the National 
                                Institute of Child Health and 
                                Human Development; and
                                  (II) with expertise 
                                concerning literacy development 
                                in children from birth through 
                                grade 12.
                  (B) Competency and expertise; expertise.--The 
                peer review panel convened under paragraph (1) 
                may include--
                          (i) classroom teachers with expertise 
                        in literacy, and literacy coaches, 
                        including--
                                  (I) special education 
                                teachers;
                                  (II) teachers of children who 
                                are English learners; and
                                  (III) early childhood 
                                educators;
                          (ii) experts who provide high-quality 
                        professional development to teachers 
                        and other instructional staff to 
                        support children's literacy 
                        development;
                          (iii) experts in the screening 
                        assessment, diagnostic assessment, and 
                        other assessment of children's literacy 
                        development; and
                          (iv) experts in comprehensive 
                        literacy instruction and strategies in 
                        reading and writing, language 
                        development, and English language 
                        acquisition, as appropriate, including 
                        reading and writing in core academic 
                        subjects.
          (4) Distribution of recommendations.--Not later than 
        120 days after a peer review panel submits to the 
        Secretary the panel's recommendation regarding an 
        application by a State educational agency for a grant 
        under section 4105 or 4106, the Secretary shall notify 
        the State educational agency that the application has 
        been approved or disapproved and shall provide to such 
        State educational agency a copy of the peer review 
        panel's recommendation.
  (c) Conflicts of Interest.--
          (1) Peer review panels.--The Secretary shall ensure 
        that each member of a peer review panel described in 
        subsection (b) does not stand to benefit financially 
        from a grant or subgrant awarded under this part.
          (2) State literacy leadership teams.--Each State 
        educational agency that receives funding under this 
        part shall ensure that each member of a State literacy 
        leadership team participating in a program or activity 
        assisted under this part does not stand to benefit 
        financially from a grant or subgrant awarded under this 
        part.
  (d) Supplement Not Supplant.--Award funds provided under this 
part shall supplement, and not supplant, non-Federal funds that 
would, in the absence of such award funds, be made available 
for literacy instruction and support of children participating 
in programs assisted under this part.
  (e) Maintenance of Effort.--Each State educational agency 
that receives a grant or allotment under this section, and each 
eligible entity that receives a subgrant under section 4108 or 
4109, shall maintain for the fiscal year for which the grant or 
subgrant is received and for each subsequent fiscal year the 
expenditures of the State educational agency or eligible 
entity, respectively, for literacy instruction at a level not 
less than the level of such expenditures maintained by the 
State educational agency or eligible entity, respectively, for 
the fiscal year preceding such fiscal year for which the grant 
or subgrant is received.

SEC. 4105. STATE PLANNING GRANTS.

  (a) Planning Grants Authorized.--
          (1) In general.--From amounts made available under 
        section 4104(a)(1)(B), the Secretary may award planning 
        grants to State educational agencies to enable the 
        State educational agencies to complete comprehensive 
        planning to carry out activities that improve literacy 
        for children from birth through grade 12.
          (2) Grant period.--A planning grant awarded under 
        this section shall be for a period of not more than 1 
        year.
          (3) Nonrenewability.--The Secretary shall not award a 
        State educational agency more than 1 planning grant 
        under this section.
  (b) Application.--
          (1) In general.--Each State educational agency 
        desiring a planning grant under this section shall 
        submit an application to the Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may require.
          (2) Contents.--Each application submitted under this 
        subsection shall, at a minimum, include a description 
        of how the State educational agency will develop a plan 
        for improving State efforts to develop, coordinate, 
        implement, and assess comprehensive literacy activities 
        that ensure high-quality instruction and effective 
        strategies in reading and writing for all children in 
        early learning programs and kindergarten through grade 
        12 programs. Such plan shall--
                  (A) describe the activities for which 
                assistance under this section is sought, 
                demonstrating a particular focus on children 
                who are reading or writing below grade level 
                and children whose early literacy skills are 
                below the appropriate age or developmental 
                level;
                  (B) provide a budget for the use of the 
                planning grant funds to complete the required 
                activities described in subsection (c);
                  (C) include an analysis of data on child 
                literacy and language and student academic 
                achievement in reading to identify and 
                establish baseline and benchmark levels against 
                which to monitor child progress and improvement 
                in literacy; and
                  (D) provide an assurance that all State 
                agencies responsible for administering early 
                learning programs and services (including the 
                State Head Start Collaboration Office and the 
                State agency responsible for administering 
                child care) and the State Advisory Council on 
                Early Childhood Education and Care collaborated 
                with the State educational agency to write the 
                early learning portion of the grant application 
                submitted under this subsection.
          (3) Approval of applications.--The Secretary shall 
        evaluate applications under this subsection based on 
        the responsiveness of the applications to the 
        requirements under this subsection.
  (c) Required Activities.--A State educational agency 
receiving planning grant funds under this section shall carry 
out each of the following activities:
          (1) Reviewing reading, writing, or other language and 
        literacy resources and programs, such as school library 
        programs, and data across the State to identify any 
        literacy needs and gaps in the State.
          (2) Forming or designating a State literacy 
        leadership team which shall execute the following 
        functions:
                  (A) Creating a comprehensive State literacy 
                plan that--
                          (i) is designed to improve language 
                        development, reading, writing, and 
                        academic achievement for children, 
                        especially children reading below grade 
                        level and children whose literacy 
                        skills are below the appropriate age or 
                        developmental level;
                          (ii) includes--
                                  (I) a needs assessment and an 
                                implementation plan, including 
                                an analysis of data on child 
                                literacy and student academic 
                                achievement in reading to 
                                identify baseline and benchmark 
                                levels of literacy and early 
                                literacy skills in order to 
                                monitor progress and 
                                improvement; and
                                  (II) a plan to improve 
                                reading achievement among all 
                                children;
                          (iii) ensures high-quality 
                        instruction, consistent with the 
                        characteristics of effective literacy 
                        instruction and strategies, in early 
                        learning programs and kindergarten 
                        through grade 12 programs; and
                          (iv) provides for activities designed 
                        to improve literacy achievement for 
                        children who read or write below grade 
                        level, including such children who--
                                  (I) attend schools that are 
                                identified under section 
                                1116(c)(2); or
                                  (II) are counted under 
                                section 1124(c);
                  (B) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's process of strengthening 
                State literacy standards and embedding State 
                literacy standards with the State's college and 
                career ready academic content standards and 
                college and career ready student academic 
                achievement standards, and early learning and 
                development standards.
                  (C) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's process of measuring, 
                assessing, and monitoring progress in literacy 
                at the school, local educational agency, and 
                State levels.
                  (D) Identifying criteria for high-quality 
                professional development providers, which 
                providers may include qualified teachers within 
                the State, for the State educational agency and 
                local educational agencies.
                  (E) Advising the State educational agency on 
                how to help ensure that local educational 
                agencies and schools provide timely and 
                appropriate data to teachers to inform and 
                improve instruction.
                  (F) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's planning process of 
                building educators' capacity to provide high-
                quality comprehensive literacy instruction.

SEC. 4106. STATE IMPLEMENTATION GRANTS.

  (a) Implementation Grants Authorized.--
          (1) In general.--From amounts made available under 
        subparagraphs (C) or (D)(ii) of section 4104(a)(1) (as 
        applicable), the Secretary shall award implementation 
        grants to State educational agencies to enable the 
        State educational agencies--
                  (A) to implement the comprehensive literacy 
                plan that meets the criteria in section 
                4105(c)(2)(A) for early learning programs and 
                kindergarten through grade 12 programs;
                  (B) to carry out State activities under 
                section 4107; and
                  (C) to award subgrants under sections 4108 
                and 4109.
          (2) Limitation.--The Secretary shall not award an 
        implementation grant under this section to a State for 
        any year for which the State has received a planning 
        grant under section 4105.
          (3) Duration of grants.--An implementation grant 
        under this section shall be awarded for a period of not 
        more than 5 years.
          (4) Renewals.--
                  (A) In general.--The Secretary may renew a 
                grant under this section for a period of not 
                more than 2 years.
                  (B) Conditions.--In order to be eligible to 
                have an implementation grant renewed under this 
                paragraph, the State educational agency shall 
                demonstrate to the satisfaction of the 
                Secretary that, during the project period--
                          (i) with respect to children from 
                        birth through kindergarten entry, the 
                        State educational agency has 
                        collaborated with the State agencies 
                        that oversee child care and other early 
                        learning programs, and has collaborated 
                        with the State Advisory Council on 
                        Early Childhood Education and Care, to 
                        comply with the terms of the grant, 
                        including using the funds--
                                  (I) to increase access to 
                                high-quality professional 
                                development;
                                  (II) for developmentally 
                                appropriate curricula and 
                                teaching materials; and
                                  (III) for developmentally 
                                appropriate classroom-based 
                                instructional assessments and 
                                developmentally appropriate 
                                screening assessments and 
                                diagnostic assessments; and
                          (ii) with respect to children in 
                        kindergarten through grade 12, 
                        demonstrates that there has been 
                        significant progress in student 
                        academic achievement, as measured by 
                        appropriate assessments, including the 
                        assessments included in the State 
                        accountability system under section 
                        1111(a)(3)(A).
  (b) State Applications.--
          (1) In general.--A State educational agency that 
        desires to receive an implementation grant under this 
        section shall submit an application to the Secretary at 
        such time, in such manner, and containing such 
        information as the Secretary may require. The State 
        educational agency shall collaborate with the State 
        agency responsible for administering early learning 
        programs and the State agency responsible for 
        administering child care programs in the State in 
        writing and implementing the early learning portion of 
        the grant application under this subsection.
          (2) Contents.--An application described in paragraph 
        (1) shall include the following:
                  (A) A description of the members of the State 
                literacy leadership team and a description of 
                how the State educational agency has developed 
                a comprehensive State literacy plan, consistent 
                with the requirements of section 4105(c)(2)(A).
                  (B) An implementation plan that includes a 
                description of how the State educational agency 
                will--
                          (i) carry out the State activities 
                        described in section 4107;
                          (ii) assist eligible entities with--
                                  (I) providing strategic and 
                                intensive comprehensive 
                                literacy instruction based on 
                                scientifically valid research 
                                for children who are reading 
                                and writing below grade level, 
                                including through--
                                          (aa) the use of 
                                        multitiered systems of 
                                        support; and
                                          (bb) addressing the 
                                        literacy needs of 
                                        children with 
                                        disabilities or 
                                        developmental delays 
                                        and English learners in 
                                        programs serving 
                                        children from birth 
                                        through grade 12;
                                  (II) providing training to 
                                parents, as appropriate, so 
                                that the parents can 
                                participate in the literacy 
                                related activities described in 
                                sections 4108 and 4109 to 
                                assist in the language and 
                                literacy development of their 
                                children;
                                  (III) selecting and using 
                                reading and writing 
                                assessments;
                                  (IV) providing classroom-
                                based instruction that is 
                                supported by one-to-one and 
                                small group work;
                                  (V) using curricular 
                                materials and instructional 
                                tools, which may include 
                                technology, to improve 
                                instruction and literacy 
                                achievement;
                                  (VI) providing for high-
                                quality professional 
                                development; and
                                  (VII) using the principles of 
                                universal design for learning;
                          (iii) ensure that local educational 
                        agencies in the State have leveraged 
                        and are effectively leveraging the 
                        resources needed to implement effective 
                        comprehensive literacy instruction, and 
                        have the capacity to implement literacy 
                        initiatives effectively; and
                          (iv) continually coordinate and align 
                        the activities assisted under this part 
                        with reading, writing, and other 
                        literacy resources and programs across 
                        the State and locally that serve 
                        children and their families and promote 
                        comprehensive literacy instruction and 
                        learning, including strengthening 
                        partnerships among schools, libraries, 
                        local youth-serving agencies, and 
                        programs, in order to improve literacy 
                        for all children.
                  (C) A description of the key data metrics, 
                and the performance targets for such metrics, 
                that will be used and reported annually under 
                section 4111(b)(1), which shall include--
                          (i) metrics established consistent 
                        with section 1111(a)(3)(A), for 
                        children in grades 3 through 12; and
                          (ii) the relevant program metrics and 
                        performance targets that the State 
                        shall use to monitor the implementation 
                        of its plan under section 4111.
                  (D) An assurance that the State educational 
                agency, and any eligible entity receiving a 
                subgrant from the State educational agency 
                under section 4108 or 4109, will, if requested, 
                participate in the national evaluation under 
                section 4110.
                  (E) An assurance that the State educational 
                agency will use implementation grant funds for 
                literacy programs as follows:
                          (i) Not less than 10 percent of such 
                        grant funds shall be used for State and 
                        local programs and activities 
                        pertaining to children from birth 
                        through kindergarten entry.
                          (ii) Not less than 30 percent of such 
                        grant funds shall be used for State and 
                        local programs and activities, 
                        allocated equitably among the grades of 
                        kindergarten through grade 5.
                          (iii) Not less than 30 percent of 
                        such grant funds shall be used for 
                        State and local programs and 
                        activities, allocated equitably among 
                        grades 6 through 12.
                          (iv) Not more than 10 percent of such 
                        implementation grant funds shall be 
                        used for the State activities described 
                        in section 4107.
                  (F) An assurance that the State educational 
                agency shall give priority to awarding a 
                subgrant to an eligible entity--
                          (i) under section 4108 based on the 
                        number or percentage of children 
                        younger than the age of kindergarten 
                        entry who are--
                                  (I) served by the eligible 
                                entity; and
                                  (II) from families with 
                                income levels below the poverty 
                                line; and
                          (ii) under section 4109 based on--
                                  (I) the number or percentage 
                                of children from birth through 
                                age 17 who are--
                                          (aa) served by the 
                                        eligible entity; and
                                          (bb) from families 
                                        with income levels 
                                        below the poverty line; 
                                        and
                                  (II) the number or percentage 
                                of children in kindergarten 
                                through grade 12 served by the 
                                eligible entity who are reading 
                                and writing below grade level 
                                according to State assessments.
  (c) Approval of Applications.--
          (1) In general.--The Secretary shall evaluate State 
        educational agency applications under subsection (b) 
        based on the responsiveness of the applications to the 
        application requirements under such subsection.
          (2) Peer review.--The Secretary shall convene a peer 
        review panel in accordance with section 4104(b) to 
        evaluate applications for each implementation grant 
        awarded to a State educational agency under this 
        section.
          (3) Early learning.--In order for a State educational 
        agency's application under this section to be approved 
        by the Secretary, the application shall contain an 
        assurance that the State agencies responsible for 
        administering early learning programs and services, 
        including the State agency responsible for 
        administering child care programs, and the State 
        Advisory Council on Early Childhood Education and Care, 
        approve of and will be extensively consulted in the 
        implementation of activities consistent with section 
        4108, with respect to the early learning portion of the 
        application.

SEC. 4107. STATE ACTIVITIES.

  (a) Required Activities.--A State educational agency shall 
use the implementation grant funds described in section 
4106(b)(2)(E)(iv) to carry out the activities proposed in a 
State's implementation plan under section 4106(b)(2)(B), 
including the following activities:
          (1) In consultation with the State literacy 
        leadership team, providing technical assistance, or 
        engaging qualified providers to provide technical 
        assistance, to eligible entities to enable the eligible 
        entities to design and implement literacy programs 
        under section 4108 or 4109.
          (2) Consulting with the State literacy leadership 
        team and coordinating with institutions of higher 
        education in the State--
                  (A) in order to provide recommendations to 
                strengthen and enhance preservice courses for 
                students preparing, at institutions of higher 
                education in the State, to teach children from 
                birth through grade 12 in explicit, systematic, 
                and intensive instruction in evidence-based 
                literacy methods; and
                  (B) by following up on reviews completed by 
                the State literacy leadership team with 
                recommendations to ensure that such 
                institutions offer courses that meet the 
                highest standards.
          (3) Reviewing and updating, in collaboration with 
        teachers, statewide educational and professional 
        organizations representing teachers, and statewide 
        educational and professional organizations representing 
        institutions of higher education, State licensure or 
        certification standards in the area of literacy 
        instruction in early education through grade 12.
          (4) Making publicly available, including on the State 
        educational agency's website, information on promising 
        instructional practices to improve child literacy 
        achievement.
  (b) Permissive Activities.--After carrying out the activities 
described in subsection (a), a State educational agency may use 
remaining implementation grant funds described in section 
4106(b)(2)(E)(iv) to carry out 1 or more of the following 
activities:
          (1) Training the personnel of eligible entities to 
        use data systems to improve child literacy learning.
          (2) Developing literacy coach training programs and 
        training literacy coaches.
          (3) Building public support among local educational 
        agency personnel, early learning programs, and the 
        community for comprehensive literacy instruction for 
        children from birth through grade 12.
          (4) Administration and evaluation of activities 
        carried out under this part.

SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH 
                    KINDERGARTEN ENTRY LITERACY.

  (a) Subgrants.--
          (1) In general.--A State educational agency, in 
        consultation with the State agencies responsible for 
        administering early learning programs and services, 
        including the State agency responsible for 
        administering child care programs, and the State 
        Advisory Council on Early Childhood Education and Care, 
        shall use a portion of implementation grant funds 
        provided under subparagraph (C) or (D)(ii) of section 
        4104(a)(1) to award subgrants, on a competitive basis, 
        to eligible entities to enable the eligible entities to 
        support high-quality early literacy initiatives for 
        children from birth through kindergarten entry.
          (2) Duration.--The term of a subgrant under this 
        section shall be determined by the State educational 
        agency awarding the subgrant.
  (b) Sufficient Size and Scope.--Each subgrant awarded under 
this section shall be of sufficient size and scope to allow the 
eligible entity to carry out high-quality early literacy 
initiatives for children from birth through kindergarten entry.
  (c) Local Applications.--An eligible entity desiring to 
receive a subgrant under this section shall submit an 
application to the State educational agency, at such time, in 
such manner, and containing such information as the State 
educational agency may require. Such application shall include 
a description of--
          (1) how the subgrant funds will be used to enhance 
        the language and literacy development and school 
        readiness of children, from birth through kindergarten 
        entry, in early learning programs, which shall include 
        an analysis of data that support the proposed use of 
        subgrant funds;
          (2) the programs that the eligible entity proposes to 
        assist under the subgrant, including demographic and 
        socioeconomic information on the children enrolled in 
        the programs;
          (3) a budget for the eligible entity that projects 
        the cost of developing and implementing literacy 
        initiatives to carry out the activities described in 
        subsection (e);
          (4) how, if the eligible entity is requesting a 
        planning period, which shall not exceed 1 year, the 
        eligible entity will use that planning period to 
        prepare for successful implementation of a plan to 
        support the development of learning and literacy 
        consistent with the purposes of this part;
          (5) the literacy initiatives, if any, in place and 
        how these initiatives will be coordinated and 
        integrated with activities supported under this 
        section;
          (6) how the subgrant funds will be used to prepare 
        and provide ongoing assistance to staff in the 
        programs, through high-quality professional 
        development;
          (7) how the subgrant funds will be used to provide 
        services, incorporate activities, and select and use 
        literacy instructional materials that--
                  (A) meet the diverse developmental and 
                linguistic needs of children, including English 
                learners and children with disabilities and 
                developmental delays; and
                  (B) are based on scientifically valid 
                research on child development and learning for 
                children from birth through kindergarten entry;
          (8) how the subgrant funds will be used to provide 
        screening assessments, diagnostic assessments, and 
        classroom-based instructional assessments and 
        assessments of developmental progress;
          (9) how families and caregivers will be involved, as 
        appropriate, in supporting their child's literacy 
        development, instruction, and assessment;
          (10) how the subgrant funds will be used to help 
        children, particularly children experiencing difficulty 
        with spoken and written language, to make the 
        transition from early childhood education programs to 
        formal classroom instruction;
          (11) how the activities assisted under the subgrant 
        will be coordinated with comprehensive literacy 
        instruction at the kindergarten through grade 12 
        levels;
          (12) how the subgrant funds will be used--
                  (A) to evaluate the success of the activities 
                assisted under the subgrant in enhancing the 
                early language and literacy development of 
                children from birth through kindergarten entry; 
                and
                  (B) to evaluate data for program improvement; 
                and
          (13) such other information as the State educational 
        agency may require.
  (d) Approval of Local Applications.--The State educational 
agency, in consultation with the State agencies responsible for 
administering early learning programs, including the State 
agency responsible for administering child care programs and 
the State Advisory Council on Early Childhood Education and 
Care, shall--
          (1) select applications for funding under this 
        section based on the quality of the applications 
        submitted, including the relationship between literacy 
        activities proposed and the research base or data 
        supporting such investments, as appropriate, and the 
        recommendations of--
                  (A) the State literacy leadership team; and
                  (B) other experts in the area of early 
                literacy; and
          (2) place priority for funding programs based on the 
        criteria in section 4106(b)(2)(F).
  (e) Local Uses of Funds.--
          (1) In general.--An eligible entity that receives a 
        subgrant under this section shall use the subgrant 
        funds, consistent with the entity's approved 
        application under subsection (c), to--
                  (A) enhance and improve early learning 
                programs to ensure that children in such 
                programs are provided with high-quality oral 
                language and literature- and print-rich 
                environments in which to develop early literacy 
                skills;
                  (B) carry out high-quality professional 
                development opportunities for early childhood 
                educators, teachers, and instructional leaders;
                  (C) acquire, provide training for, and 
                implement screening assessments, diagnostic 
                assessments, and classroom-based instructional 
                assessments;
                  (D) select, develop, and implement a 
                multitier system of support;
                  (E) integrate research-based instructional 
                materials, activities, tools, and measures into 
                the programs offered by the eligible entity to 
                improve development of early learning language 
                and literacy skills;
                  (F) train providers and personnel to support, 
                develop, and administer high-quality early 
                learning literacy initiatives that--
                          (i) utilize data--
                                  (I) to inform instructional 
                                design; and
                                  (II) to assess literacy 
                                needs; and
                          (ii) provide time and support for 
                        personnel to meet to plan comprehensive 
                        literacy instruction;
                  (G) provide family literacy services, as 
                appropriate, and educate parents, teachers, and 
                other caregivers about child literacy 
                development;
                  (H) annually collect, summarize, and report 
                to the State educational agency data--
                          (i) to document child progress in 
                        early literacy and language skills 
                        development as a result of activities 
                        carried out under this section;
                          (ii) to stimulate and accelerate 
                        improvement by identifying the programs 
                        served by the eligible entity that 
                        produce significant gains in skills 
                        development; and
                          (iii) for all subgroups of children 
                        and categories of children, including 
                        children in the subgroups described in 
                        section 1111(a)(2)(B)(ix), in a manner 
                        that--
                                  (I) utilizes a variety of 
                                measures of child literacy and 
                                language skills development; 
                                and
                                  (II) is consistent across the 
                                State; and
                  (I) coordinate the involvement of families, 
                early learning program staff, principals, other 
                instructional leaders, and teachers in literacy 
                development of children served under this part.
          (2) Curricula and assessment materials limitation.--
        Each eligible entity that receives a subgrant under 
        this section shall not use more than 20 percent of the 
        subgrant funds in the first year of subgrant funding, 
        and not more than 10 percent of the subgrant funds in 
        each year thereafter, to purchase curricula and 
        assessment materials.
  (f) Prohibition.--The use of assessment items and data on any 
assessment authorized under this section to provide rewards or 
sanctions for individual children, early learning program 
providers, teachers, program directors, or principals is 
prohibited.

SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN 
                    THROUGH GRADE 12 LITERACY.

  (a) Subgrants to Local Educational Agencies.--
          (1) Subgrants.--A State educational agency shall use 
        a portion of the implementation grant funds provided 
        under subparagraph (C) or (D)(ii) of section 4104(a)(1) 
        to award subgrants, on a competitive basis, to eligible 
        entities to enable the eligible entities to carry out 
        the authorized activities described in subsections (b) 
        and (c).
          (2) Sufficient size and scope.--A State educational 
        agency shall award subgrants under this section of 
        sufficient size and scope to allow the eligible 
        entities to carry out high-quality literacy initiatives 
        in each grade level for which the subgrant funds are 
        provided.
          (3) Local applications.--An eligible entity desiring 
        to receive a subgrant under this section shall submit 
        an application to the State educational agency at such 
        time, in such manner, and containing such information 
        as the State educational agency may require. Such 
        application shall include, for each school that the 
        eligible entity identifies as participating in a 
        subgrant program under this section, the following 
        information:
                  (A) A description of the eligible entity's 
                capacity survey conducted to identify how 
                subgrant funds will be used to inform and 
                improve comprehensive literacy instruction at 
                the school.
                  (B) How the school, local educational agency, 
                or a provider of high-quality professional 
                development will provide ongoing high-quality 
                professional development to all teachers, 
                including early childhood educators, 
                principals, and other instructional leaders 
                served by the school, including early learning 
                program administrators.
                  (C) How the school will identify children in 
                need of literacy interventions or other support 
                services and provide appropriate scientifically 
                valid instructional interventions or other 
                support services which may include extended 
                learning time for struggling children.
                  (D) A budget for the school that projects the 
                cost of developing and implementing literacy 
                initiatives to carry out the activities 
                described in subsections (b) and (c) as 
                applicable.
                  (E) An explanation of how the school will 
                integrate comprehensive literacy instruction 
                into core academic subjects.
                  (F) A description of how the school will 
                coordinate comprehensive literacy instruction 
                with early learning and after-school programs 
                and activities in the area served by the local 
                educational agency, such as school library 
                programs.
                  (G) A description of the assessments that 
                will be used in an assessment system to improve 
                comprehensive literacy instruction and track 
                child literacy progress.
                  (H) A description of how families and 
                caregivers will be involved in supporting their 
                children's literacy instruction and assessment.
                  (I) A description of how, if an eligible 
                entity is requesting a planning period, the 
                eligible entity will use that planning period 
                to prepare for successful implementation of a 
                plan to support the development of learning and 
                literacy consistent with the purposes of this 
                part.
                  (J) A description of the literacy 
                initiatives, if any, in place and how these 
                initiatives will be coordinated and integrated 
                with activities supported under this section.
                  (K) An assurance that the eligible entity 
                will, if requested, participate in the national 
                evaluation described in section 4110.
  (b) Local Uses of Funds for Kindergarten Through Grade 5.--An 
eligible entity that receives a subgrant under this section 
shall use the subgrant funds to carry out the following 
activities pertaining to children in kindergarten through grade 
5:
          (1) Developing and implementing a literacy plan 
        across content areas that--
                  (A) serves the needs of all children, 
                including children with disabilities and 
                English learners, especially children who are 
                reading or writing below grade level;
                  (B) provides intensive, supplemental, 
                accelerated, and explicit intervention and 
                support in reading and writing for children 
                whose literacy skills are below grade level; 
                and
                  (C) supports activities that are provided 
                primarily during the regular school day but 
                which may be augmented by after-school and out-
                of-school time instruction.
          (2) Acquiring, providing training for, selecting, and 
        administering assessments, and managing, monitoring, 
        and planning instruction based on the assessment data.
          (3) Providing high-quality professional development 
        opportunities for teachers, literacy coaches, literacy 
        specialists, English as a second language specialists 
        (as appropriate), principals, and other program staff.
          (4) Training principals, specialized instructional 
        support personnel, and other school district personnel 
        to support, develop, administer, and evaluate high-
        quality kindergarten through grade 5 literacy 
        initiatives that--
                  (A) utilize data--
                          (i) to inform instructional 
                        decisions; and
                          (ii) to assess professional 
                        development needs; and
                  (B) provide time and support for teachers to 
                meet to plan comprehensive literacy 
                instruction.
          (5) Coordinating the involvement of early learning 
        program staff, principals, other instructional leaders, 
        teachers, teacher literacy teams, English as a second 
        language specialists (as appropriate), special 
        educators, and school librarians in the literacy 
        development of children served under this part.
          (6) Engaging families and encouraging family literacy 
        experiences and practices to support literacy 
        development.
          (7) Annually collecting, summarizing, and reporting 
        to the State educational agency data--
                  (A) to document and monitor for the purpose 
                of improving practice, improvements, or 
                increases in children's reading and writing 
                pursuant to activities carried out under this 
                section;
                  (B) to stimulate and accelerate improvement 
                by identifying the schools that produce 
                significant gains in literacy achievement; and
                  (C) for all children and categories of 
                children, including the subgroups of children 
                described in section 1111(a)(2)(B)(ix), in a 
                manner that utilizes a variety of measures and 
                that is consistent across the State.
  (c) Local Uses of Funds for Grades 6 Through 12.--An eligible 
entity that receives a subgrant under this section shall use 
subgrant funds to carry out the following activities pertaining 
to children in grades 6 through 12:
          (1) Developing and implementing a literacy plan 
        described in paragraphs (1), (2), (3), (6), and (7) of 
        subsection (b) for children in grades 6 through 12.
          (2) Training principals, specialized instructional 
        support personnel, and other instructional leaders to 
        support, develop, administer, and evaluate high-quality 
        adolescent literacy initiatives that--
                  (A) utilize data--
                          (i) to inform instructional decisions 
                        and allow for personalization of 
                        instruction based on a child's need; 
                        and
                          (ii) to assess professional 
                        development needs;
                  (B) assess the quality of adolescent 
                comprehensive literacy instruction in core 
                academic subjects, and career and technical 
                education subjects where such career and 
                technical education subjects provide for the 
                integration of core academic subjects;
                  (C) provide time for teachers to meet to plan 
                research-based adolescent comprehensive 
                literacy instruction in core academic subjects, 
                and career and technical education subjects 
                where such career and technical education 
                subjects provide for the integration of core 
                academic subjects; and
                  (D) include explicit instruction in 
                discipline-specific thinking and how to read 
                and interpret discipline-specific text 
                structures and features.
          (3) Coordinating the involvement of principals, other 
        instructional leaders, teachers, teacher literacy 
        teams, English as a second language specialists (as 
        appropriate), special educators, and school librarians 
        in the literacy development of children served under 
        this part.
  (d) Allowable Uses.--An eligible entity that receives a 
subgrant under this section may, in addition to carrying out 
the activities described in subsections (b) and (c), use 
subgrant funds to carry out the following activities pertaining 
to children in kindergarten through grade 12:
          (1) Providing a planning period of not more than 1 
        year for eligible entities to establish the elements 
        necessary for successful implementation of a literacy 
        program for kindergarten through grade 12.
          (2) Recruiting, placing, training, and compensating 
        literacy coaches.
          (3) Connecting out-of-school learning opportunities 
        to in-school learning in order to improve the literacy 
        achievement of the children.
          (4) Training families and caregivers to support the 
        improvement of adolescent literacy.
          (5) Providing for a multitier system of support.
          (6) Forming a school literacy leadership team to help 
        implement, assess, and identify necessary changes to 
        the literacy initiatives in 1 or more schools to ensure 
        success.
          (7) Providing high-quality, literacy-rich 
        environments that engage children with materials and 
        experiences at the children's reading and writing 
        levels.
          (8) Providing time for teachers (and other literacy 
        staff, as appropriate, such as school librarians) to 
        meet to plan comprehensive literacy instruction.
  (e) Limitation of Use to Certain Schools.--An eligible entity 
receiving a subgrant under this section shall, in distributing 
the subgrant funds, provide the subgrant funds only to schools, 
including public charter schools, that have the highest 
percentages or numbers of children counted under section 
1124(c).

SEC. 4110. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND 
                    TECHNICAL ASSISTANCE.

  (a) National Evaluation.--
          (1) In general.--From the amount reserved in 
        accordance with section 9601, the Secretary shall enter 
        into a contract with an organization independent of the 
        Department for a 5-year national evaluation of the 
        grant and subgrant programs assisted under this part. 
        Such evaluation shall include scientifically valid 
        research that applies rigorous and systematic 
        procedures to obtain valid knowledge relevant to the 
        implementation and effect of the programs.
          (2) Contents of evaluation.--The evaluation described 
        in this subsection shall include an analysis of each of 
        the following:
                  (A) The impact of the implementation of 
                literacy initiatives and practices supported 
                under this part on--
                          (i) increasing academic outcomes, 
                        including child literacy development in 
                        reading and writing, and speaking (as 
                        appropriate), grade promotion, and 
                        graduation to the extent predictable;
                          (ii) promoting the appropriate early 
                        literacy development of young children; 
                        and
                          (iii) strengthening the literacy 
                        skills of English learners and children 
                        with disabilities.
                  (B) The fidelity of implementation of core 
                program features, such as coherence of the 
                program across grades, quality of technical 
                assistance, State and local educational agency 
                leadership, professional development for 
                teachers and administrators, use of quality 
                materials and pedagogy, and use of assessment.
                  (C) The relationship between implementation 
                of core features and children's academic 
                outcomes.
                  (D) Other inquiries as designated by the 
                Secretary, such as--
                          (i) the core functions of literacy 
                        initiatives that have demonstrated the 
                        greatest impact on child literacy 
                        achievement, especially among children 
                        reading below grade level;
                          (ii) effective strategies to 
                        integrate State and local standards, 
                        curricula, assessments, instruction, 
                        materials, and interventions to improve 
                        literacy;
                          (iii) the types of literacy 
                        activities and professional development 
                        that most effectively improve the early 
                        reading, writing, and language skills 
                        of children from birth through 
                        kindergarten entry;
                          (iv) the impact of adolescent 
                        literacy initiatives on adolescent 
                        motivation, engagement, and 
                        participation in adolescent literacy 
                        activities;
                          (v) the relationship between 
                        children's literacy achievement and 
                        secondary school success, including 
                        improving graduation rates; and
                          (vi) effective strategies to 
                        integrate school and public library 
                        programs to improve literacy.
          (3) Program improvement.--The Secretary shall--
                  (A) provide the findings of the evaluation 
                conducted under this section to State 
                educational agencies and subgrant recipients 
                for use in program improvement;
                  (B) make such findings publicly available, 
                including on the Department's website; and
                  (C) submit such findings to the authorizing 
                committees.
  (b) Information Dissemination and Technical Assistance.--
          (1) In general.--From amounts reserved under section 
        4104(a)(1)(A), the Secretary, in collaboration with the 
        regional educational laboratories established under 
        section 174 of the Education Sciences Reform Act of 
        2002, the comprehensive centers established under 
        section 203 of the Educational Technical Assistance Act 
        of 2002, and the Director of the National Institute of 
        Child Health and Human Development, shall--
                  (A) distribute information on--
                          (i) comprehensive literacy 
                        instruction, including best practices 
                        and model programs identified in the 
                        evaluation;
                          (ii) other inquiries designated by 
                        the Secretary under subsection 
                        (a)(2)(D); or
                          (iii) other relevant Federal studies 
                        of literacy activities; and
                  (B) provide technical assistance in order to 
                assist States and local educational agencies in 
                improving comprehensive literacy instruction 
                and learning.
          (2) Dissemination and coordination.--The Secretary 
        shall disseminate the information described in 
        paragraph (1)(A) to--
                  (A) recipients of Federal financial 
                assistance under this part, the Head Start Act, 
                the Individuals with Disabilities Education 
                Act, and the Adult Education and Family 
                Literacy Act; and
                  (B) each Bureau-funded school (as defined in 
                section 1141 of the Education Amendments of 
                1978 (25 U.S.C. 2021)).
          (3) Use of networks.--In carrying out this 
        subsection, the Secretary shall, to the extent 
        practicable, use information and dissemination networks 
        developed and maintained through other public and 
        private entities.

SEC. 4111. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING 
                    REQUIREMENTS, AND CONFLICTS OF INTEREST.

  (a) Consequences of Insufficient Progress.--
          (1) Consequences for grant recipients.--If the 
        Secretary determines that a State educational agency 
        receiving an award under subparagraph (C) or (D)(ii) of 
        section 4104(a)(1), or an eligible entity receiving a 
        subgrant under section 4108 or 4109, is not making 
        significant progress in meeting the purposes of this 
        part and the key data metrics identified by the State 
        educational agency in section 4106(b)(2)(C) after the 
        submission of a report described in subsection (b), 
        then the Secretary may withhold, in whole or in part, 
        further payments under this part 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, or eligible entity, respectively.
          (2) Consequences for subgrant recipients.--
                  (A) In general.--A State educational agency 
                receiving an award under subparagraph (C) or 
                (D)(ii) of section 4104(a)(1) may refuse to 
                award subgrant funds to an eligible entity 
                under section 8 or 9 if the State educational 
                agency finds that the eligible entity is not 
                making significant progress in meeting the 
                purposes of this part, after--
                          (i) affording the eligible entity 
                        notice, a period for correction, and an 
                        opportunity for a hearing; and
                          (ii) providing technical assistance 
                        to the eligible entity.
                  (B) Funds available.--Subgrant funds not 
                awarded under subparagraph (A) shall be 
                redirected to an eligible entity serving 
                similar children in the same area or region as 
                the eligible entity not awarded the subgrant 
                funds, to the greatest extent practicable.
  (b) Reporting Requirements.--
          (1) State educational agency annual reports.--Each 
        State educational agency receiving an award under 
        subparagraph (C) or (D)(ii) of section 4104(a)(1) shall 
        report annually to the Secretary regarding the State 
        educational agency's progress in addressing the 
        purposes of this part. Such report shall include at a 
        minimum data, for each subgrantee, and for the State, 
        on the metrics identified under section 4106(b)(2)(C), 
        such as--
                  (A) the number and percentage of children 
                reading and writing on grade level by the end 
                of grade 3;
                  (B) the percent of children served under the 
                award who receive special education and related 
                services; and
                  (C) the degree of appropriate developmental 
                progress or literacy achievement growth of 
                children, disaggregated by the subgroups 
                described in section 1111(a)(2)(B)(ix).
          (2) Periodic reports.--Each State educational agency 
        receiving an award under subparagraph (C) or (D)(ii) of 
        section 4104(a)(1) shall periodically report to the 
        Secretary regarding the State educational agency's 
        progress in addressing the purposes of this part. Such 
        reports shall be submitted at such times, and in such 
        manner, as the Secretary shall establish, and shall, 
        over the term of the grant, include descriptions of--
                  (A) the professional development activities 
                provided under the award, including types of 
                activities and entities involved in providing 
                professional development to classroom teachers 
                and other program staff, such as school 
                librarians;
                  (B) instruction, strategies, activities, 
                curricula, materials, and assessments used in 
                the programs funded under the award;
                  (C) the types of programs funded under the 
                award and demographic information, including 
                ages, of the children served by the programs 
                funded under the award, except that such 
                information shall not be personally 
                identifiable;
                  (D) the experience and qualifications of the 
                program staff who provide comprehensive 
                literacy instruction under the programs funded 
                under the award, including the experience and 
                qualifications of those staff working with 
                children with disabilities or developmental 
                delay, with English learners, and with children 
                from birth to kindergarten entry; and
                  (E) student performance on relevant program 
                metrics, as identified in the State educational 
                agency's plan, such as--
                          (i) the number of children reading 
                        and writing on grade level by the end 
                        of the third grade;
                          (ii) the percent of students served 
                        under this part receiving special 
                        education services;
                          (iii) the instruction and activities 
                        delivered to at-risk students served 
                        under this part; and
                          (iv) the professional development 
                        activities provided to teachers 
                        participating under this part.
          (3) Eligible entity reports.--Each eligible entity 
        receiving a subgrant under section 4108 or 4109 shall 
        report to the State educational agency regarding the 
        eligible entity's progress in addressing the purposes 
        of this part. Any such report shall be submitted at 
        such time, and in such manner, as the State educational 
        agency shall establish, consistent with the 
        requirements of paragraphs (1) and (2) for reports 
        submitted by the State educational agency to the 
        Secretary, and shall, over the term of the subgrant, 
        include, consistent with such requirements for the 
        State educational agency reports, descriptions of--
                  (A) how the subgrant funds were used; and
                  (B) the results of an external evaluation, if 
                the Secretary determines such evaluation to be 
                applicable.

SEC. 4112. RULES OF CONSTRUCTION.

  (a) Child Eligibility.--Nothing in this part shall be 
construed to prohibit children eligible for assistance under 
title I or III or children eligible for assistance under the 
Individuals with Disabilities Education Act from receiving 
literacy instruction and intervention under this part.
  (b) IDEA Evaluation.--The screening assessments, diagnostic 
assessments, and formative assessments of reading and writing 
authorized under this part shall not be construed to constitute 
an evaluation required under the Individuals with Disabilities 
Education Act, except that assessments administered under this 
Act may be used in conjunction with other assessments as part 
of an evaluation under the Individuals with Disabilities 
Education Act, provided that all assessment requirements of 
such Act are met.

  PART B--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                  INSTRUCTION AND STUDENT ACHIEVEMENT

SEC. 4201. PURPOSE.

  The purpose of this part is to improve student academic 
achievement in science, technology, engineering, and 
mathematics by--
          (1) improving instruction in such subjects through 
        grade 12;
          (2) improving student engagement in, and increasing 
        student access to, such subjects;
          (3) improving the quality and effectiveness of 
        classroom instruction by recruiting, training, and 
        supporting highly rated teachers and providing robust 
        tools and supports for students and teachers in such 
        subjects; and
          (4) closing student achievement gaps, and preparing 
        more students to be college and career ready in such 
        subjects.

SEC. 4202. DEFINITIONS.

  In this part:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a State educational agency; or
                  (B) a State educational agency in partnership 
                with 1 or more other State educational 
                agencies.
          (2) Eligible subgrantee.--The term ``eligible 
        subgrantee'' means--
                  (A) a high-need local educational agency;
                  (B) an educational service agency serving 
                more than 1 high-need local educational agency;
                  (C) a consortium of high-need local 
                educational agencies; or
                  (D) an entity described in subparagraph (A) 
                or (C) of paragraph (3) that has signed a 
                memorandum of agreement with an entity 
                described in subparagraph (A), (B), or (C) of 
                this paragraph to implement the requirements of 
                this part in partnership with such entity.
          (3) Outside partner.--The term ``outside partner'' 
        means an entity that has expertise and a demonstrated 
        record of success in improving student learning and 
        engagement in the identified subjects described in 
        section 4204(b)(2), including any of the following:
                  (A) A nonprofit or community-based 
                organization, which may include a cultural 
                organization, such as a museum or learning 
                center.
                  (B) A business.
                  (C) An institution of higher education.
                  (D) An educational service agency.
          (4) State.--The term ``State'' means--
                  (A) any of the 50 States;
                  (B) the District of Columbia;
                  (C) the Bureau of Indian Education; or
                  (D) the Commonwealth of Puerto Rico.

SEC. 4203. GRANTS; ALLOTMENTS.

  (a) Reservations.--
          (1) In general.--From the amounts appropriated for 
        this part for a fiscal year, the Secretary shall 
        reserve--
                  (A) not more than 2 percent to provide 
                technical assistance to States; and
                  (B) not more than 5 percent for State 
                capacity-building grants, if the Secretary is 
                awarding such grants in accordance with 
                paragraph (2).
          (2) Capacity-building grants.--
                  (A) In general.--In any year for which 
                funding is distributed competitively, as 
                described in subsection (b)(1), the Secretary 
                may award 1 capacity-building grant to each 
                State that does not receive a grant under 
                subsection (b), on a competitive basis, to 
                enable such State to become more competitive in 
                future years.
                  (B) Duration.--Grants awarded under 
                subparagraph (A) shall be for a period of 1 
                year.
  (b) Competitive Grants.--
          (1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not 
        reserved under subsection (a)(1), is less than 
        $500,000,000, the Secretary shall award grants, on a 
        competitive basis, to eligible entities to enable such 
        eligible entities to carry out the activities described 
        in this part.
          (2) Duration.--Grants awarded under this subsection 
        shall be for a period of not more than 3 years.
          (3) Renewal.--
                  (A) In general.--If an eligible entity 
                demonstrates progress, as measured by the 
                metrics described in section 4206(a), the 
                Secretary may renew a grant for an additional 
                2-year period.
                  (B) Reduced funding.--Grant funds awarded 
                under subparagraph (A) shall be awarded at a 
                reduced amount.
  (c) Formula Grants.--
          (1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not 
        reserved under subsection (a)(1), is equal to or more 
        than $500,000,000, the Secretary shall award grants to 
        States, based on the formula described in paragraph 
        (2).
          (2) Distribution of funds.--The Secretary shall allot 
        to each State--
                  (A) an amount that bears the same 
                relationship to 35 percent of the excess amount 
                described in paragraph (1) as the number of 
                individuals ages 5 through 17 in the State, as 
                determined by the Secretary on the basis of the 
                most recent satisfactory data, bears to the 
                number of those individuals in all such States, 
                as so determined; and
                  (B) an amount that bears the same 
                relationship to 65 percent of the excess amount 
                as the number of individuals ages 5 through 17 
                from families with incomes below the poverty 
                line, in the State, as determined by the 
                Secretary on the basis of the most recent 
                satisfactory data, bears to the number of those 
                individuals in all such States, as so 
                determined.
          (3) Funding minimum.--No State receiving an allotment 
        under this subsection may receive less than one-half of 
        1 percent of the total amount allotted under paragraph 
        (1) for a fiscal year.
          (4) Puerto rico.--The amount allotted under paragraph 
        (2) to the Commonwealth of Puerto Rico for a fiscal 
        year may not exceed one-half of 1 percent of the total 
        amount allotted under paragraph (1) for such fiscal 
        year.
          (5) Reallotment of unused funds.--If a State does not 
        successfully apply, the Secretary shall reallot the 
        amount of the State's allotment to the remaining States 
        in accordance with this subsection.

SEC. 4204. APPLICATIONS.

  (a) In General.--Each eligible entity or State desiring a 
grant under this part, whether through a competitive grant 
under section 4203(b) or through an allotment under section 
4203(c), shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as 
the Secretary may require.
  (b) Contents.--At a minimum, an application submitted under 
subsection (a) shall include the following:
          (1) A description of the needs, including assets, 
        identified by the State or eligible entity, based on a 
        State analysis, which--
                  (A) may include results from a relevant pre-
                existing analysis of science, technology, 
                engineering, and mathematics education quality 
                and outcomes in the State or States served by 
                the eligible entity;
                  (B) shall include data for elementary school 
                and secondary school grades, as applicable, to 
                the extent that such data are available, on--
                          (i) student achievement in science 
                        and mathematics, including such data 
                        collected in accordance with the 
                        requirements of section 1111(a)(3)(A), 
                        and student achievement in technology 
                        and engineering;
                          (ii) science, technology, 
                        engineering, and mathematics teacher 
                        evaluations;
                          (iii) student access to mathematics 
                        and science courses needed to enroll in 
                        credit-bearing coursework at 
                        institutions of higher education in the 
                        State or States served by the eligible 
                        entity;
                          (iv) access to science, technology, 
                        engineering, and mathematics courses 
                        for students through grade 12 who--
                                  (I) are eligible to receive a 
                                free or reduced priced lunch 
                                under the Richard B. Russell 
                                National School Lunch Act (42 
                                U.S.C. 1751 et seq.); or
                                  (II) come from families with 
                                an income that is below the 
                                poverty line;
                          (v) student achievement gaps in 
                        science, technology, engineering, and 
                        mathematics subjects;
                          (vi) the percentage of students who 
                        successfully--
                                  (I) complete Advanced 
                                Placement or International 
                                Baccalaureate courses in 
                                science, technology, 
                                engineering, and mathematics 
                                subjects; or
                                  (II) complete rigorous 
                                postsecondary education courses 
                                in science, technology, 
                                engineering, and mathematics 
                                subjects;
                          (vii) the information collected under 
                        section 1111(d)(3)(B)(viii)(III);
                          (viii) available instructional 
                        systems and supports, such as 
                        curricula, instructional materials, 
                        professional development, teacher 
                        evaluation systems, and assessments;
                          (ix) science, technology, 
                        engineering, and mathematics teacher 
                        qualifications; and
                          (x) teacher shortages and teacher 
                        distribution among local educational 
                        agencies and schools in science, 
                        technology, engineering, and 
                        mathematics subjects;
                  (C) shall include labor market information 
                regarding the industry and business workforce 
                needs within the eligible entity;
                  (D) shall include an analysis of the quality 
                of pre-service preparation at all public 
                institutions of higher education (including 
                alternative pathways to teacher licensure or 
                certification) for individuals preparing to 
                teach science, technology, engineering, and 
                mathematics subjects in a preschool, elementary 
                school, or secondary school in the State; and
                  (E) shall include an analysis of the 
                implementation of any multi-tiered systems of 
                support that have been employed in the State or 
                States served by the eligible entity to address 
                the learning needs of students in any science, 
                technology, engineering, and mathematics 
                subjects.
          (2) An identification of the specific science, 
        technology, engineering, and mathematics subjects that 
        the State or eligible entity will address through the 
        activities described in section 4205, consistent with 
        the needs identified under paragraph (1) (referred to 
        in this part as ``identified subjects'').
          (3) A description, in a manner that addresses any 
        needs identified under paragraph (1), of--
                  (A) how grant funds will be used by the State 
                or eligible entity to improve instruction in 
                identified subjects using evidence-based 
                programs of instruction that are aligned with 
                the college and career ready standards and 
                academic assessments under paragraphs (1) and 
                (2) of section 1111(a);
                  (B) how grant funds will be used to support 
                subgrantees and other high-need local 
                educational agencies in the employment of 
                multi-tiered systems of support to provide 
                early intervening services, as described in 
                section 613(a)(4)(A)(ii) of the Individuals 
                with Disabilities Education Act, and to 
                increase student achievement in identified 
                subjects;
                  (C) the process that the State or eligible 
                entity will use for awarding subgrants, 
                including how relevant stakeholders will be 
                involved;
                  (D) how the State's or eligible entity's 
                activities and subgrants will be coordinated 
                with other Federal, State, and local programs 
                and activities, including career and technical 
                education programs authorized under the Carl D. 
                Perkins Career and Technical Education Act of 
                2006 (20 U.S.C. 2301 et seq.);
                  (E) the technical assistance that the State 
                or eligible entity will provide to subgrantees 
                to support the activities undertaken by the 
                subgrantees;
                  (F) how the State or eligible entity will 
                evaluate the activities funded, both at the 
                State and subgrantee level, with funds provided 
                under this part, and in a manner consistent 
                with any evaluation activities carried out by 
                the Institute of Education Sciences under 
                section 4207, or the National Science 
                Foundation;
                  (G) how the State or eligible entity will 
                allocate funds in a manner that will provide 
                services to both elementary schools and 
                secondary schools;
                  (H) how the State or eligible entity will 
                provide targeted support to improve instruction 
                in high-need local educational agencies and 
                high-need schools;
                  (I) how the State or eligible entity's 
                proposed project will ensure an increase in 
                access for students who are members of groups 
                underrepresented in science, technology, 
                engineering, and mathematics subject fields to 
                high-quality courses in 1 or more of the 
                identified subjects; and
                  (J) how the State or eligible entity will 
                continue to involve stakeholders in education 
                reform efforts related to science, technology, 
                engineering, and mathematics instruction.
          (4) Assurances that the State or eligible entity will 
        monitor implementation of approved subgrantee plans.
  (c) Additional Funding.--A State or eligible entity that 
submits a request to use the additional State activities 
reservation described in section 4205(d)(2), shall provide, in 
a manner that addresses the needs identified under subsection 
(b)(1), a description of the activities that the eligible 
entity will carry out with such funds, consistent with section 
4205.

SEC. 4205. AUTHORIZED ACTIVITIES.

  (a) Required Activities.--Each State or eligible entity that 
receives a grant under this part shall use the grant funds to 
carry out each of the following activities:
          (1) Increasing access for students through grade 12 
        who are members of groups underrepresented in science, 
        technology, engineering, and mathematics subject fields 
        to high-quality courses in the identified subjects.
          (2) Implementing evidence-based programs of 
        instruction based on high-quality standards and 
        assessments in the identified subjects.
          (3) Providing professional development and other 
        comprehensive systems of support for teachers and 
        school leaders to promote high-quality instruction and 
        instructional leadership in the identified subjects.
          (4) Providing technical assistance to subgrantees and 
        other high-need schools and local educational agencies 
        in order to improve student achievement and narrow 
        achievement gaps in identified subjects, including 
        through--
                  (A) the development and implementation of 
                multi-tiered systems of support; and
                  (B) the development of curriculum or 
                instructional materials consistent with the 
                principals of universal design for learning, as 
                defined in section 103 of the Higher Education 
                Act of 1965.
  (b) Permissible Activities.--Each State or eligible entity 
that receives a grant under this part may use the grant funds 
to carry out 1 or more of the following activities:
          (1) Recruiting qualified teachers and instructional 
        leaders who are trained in identified subjects, 
        including teachers who have transitioned into the 
        teaching profession from a career in science, 
        technology, engineering, and mathematics fields.
          (2) Providing induction and mentoring services to new 
        teachers in identified subjects.
          (3) Developing instructional supports, such as 
        curricula and assessments, which shall be evidence-
        based and aligned with State college and career ready 
        academic content standards under section 1111(a)(1), 
        and may include Internet-based curricula and Internet-
        based instructional supports.
          (4) Implementing an interdisciplinary approach, by 
        integrating instruction in 1 or more science, 
        technology, engineering, and mathematics subjects with 
        reading, English language arts, or instruction in other 
        core academic subjects and noncore academic subjects.
  (c) Subgrants.--
          (1) In general.--Each State or eligible entity that 
        receives a grant under this section shall award 
        subgrants, on a competitive basis, to eligible 
        subgrantees.
          (2) Minimum subgrant.--A State or eligible entity 
        shall award subgrants under this subsection that are of 
        sufficient size and scope to support high-quality, 
        evidence-based, effective programs that are consistent 
        with the purpose of this part.
          (3) Subgrantee application.--
                  (A) In general.--Each eligible subgrantee 
                desiring a subgrant under this subsection shall 
                submit an application to the State or eligible 
                entity at such time, in such manner, and 
                accompanied by such information as the State or 
                eligible entity may require.
                  (B) Contents of subgrantee application.--At a 
                minimum, the application described in 
                subparagraph (A) shall include the following:
                          (i) A description of the activities 
                        that the eligible subgrantee will carry 
                        out, and how such activities will 
                        improve teaching and student academic 
                        achievement in the identified subjects, 
                        in a manner consistent with 
                        scientifically valid research.
                          (ii) A description of how the 
                        eligible subgrantee will use funds 
                        provided under this subsection to serve 
                        students and teachers in high-need 
                        schools.
                          (iii) A description of how funds 
                        provided under this subsection will be 
                        coordinated with other Federal, State, 
                        and local programs and activities, 
                        including career and technical 
                        education programs authorized under the 
                        Carl D. Perkins Career and Technical 
                        Education Act of 2006 (20 U.S.C. 2301 
                        et seq.).
                          (iv) If the eligible subgrantee is 
                        working with outside partners, a 
                        description of how such outside 
                        partners will be involved in improving 
                        instruction and increasing access to 
                        high-quality learning experiences in 
                        the identified subjects.
          (4) Subgrantee use of funds.--
                  (A) Required use of funds.--Each subgrantee 
                under this subsection shall use the subgrant 
                funds to carry out activities for students 
                through grade 12, consistent with the 
                activities described in the subgrantee's 
                application, which shall include--
                          (i) high-quality teacher and 
                        instructional leader recruitment, 
                        support, and evaluation in the 
                        identified subjects;
                          (ii) professional development, which 
                        may include development and support for 
                        instructional coaches, to enable 
                        teachers and instructional leaders to 
                        increase student achievement in 
                        identified subjects, through--
                                  (I) implementation of 
                                classroom assessments; and
                                  (II) differentiation of 
                                instruction in identified 
                                subjects for all students, 
                                including for students who are 
                                children with disabilities and 
                                students who are English 
                                learners;
                          (iii) activities to--
                                  (I) improve the content 
                                knowledge of teachers; and
                                  (II) facilitate professional 
                                collaboration, which may 
                                include providing time for such 
                                collaborations;
                          (iv) the development, adoption, and 
                        improvement of high-quality curricula 
                        and instructional supports that--
                                  (I) are aligned with State 
                                college and career ready 
                                academic content standards 
                                under section 1111(a)(1); and
                                  (II) the eligible subgrantee 
                                will use to improve student 
                                academic achievement in 
                                identified subjects;
                          (v) the development or improvement, 
                        and implementation, of multi-tiered 
                        systems of support to provide early 
                        intervening services and to increase 
                        student achievement in 1 or more of the 
                        identified subjects; and
                          (vi) integrating instruction in the 
                        identified subjects with instruction in 
                        reading, English language arts, or 
                        other core and noncore academic 
                        subjects.
                  (B) Allowable use of funds.--In addition to 
                the required activities described in 
                subparagraph (A), each eligible subgrantee that 
                receives a subgrant under this subsection, may 
                also use the subgrant funds to--
                          (i) support the participation of low-
                        income students in nonprofit 
                        competitions related to science, 
                        technology, engineering, and 
                        mathematics subjects (such as robotics, 
                        science research, invention, 
                        mathematics, computer science, and 
                        technology competitions); and
                          (ii) broaden secondary school 
                        students' access to, and interest in, 
                        careers that require academic 
                        preparation in 1 or more identified 
                        subjects.
                  (C) Limitation.--Each subgrantee that 
                receives a subgrant under this subsection shall 
                not expend more than 15 percent of the subgrant 
                funds on the activities described in 
                subparagraph (B).
                  (D) Matching funds.--A State or eligible 
                entity shall require an eligible subgrantee 
                receiving a subgrant under this subsection to 
                demonstrate that such subgrantee has obtained a 
                commitment from 1 or more outside partners to 
                match, using non-Federal funds or in-kind 
                contributions, not less than 15 percent of the 
                amount of subgrant funds. In the case of 
                significant financial hardship, an eligible 
                subgrantee may apply to the State or eligible 
                entity for, and the State or eligible entity 
                may grant, a waiver of a portion of the minimum 
                matching funds requirement.
  (d) State Activities.--
          (1) In general.--Each State or eligible entity that 
        receives a grant under this part may use not more than 
        5 percent of grant funds for--
                  (A) administrative costs;
                  (B) monitoring the implementation of 
                subgrants;
                  (C) providing technical assistance to 
                subgrantees; and
                  (D) evaluating subgrants in coordination with 
                the evaluation described in section 4207.
          (2) Reservation.--Each State or eligible entity that 
        receives a grant under this part may submit a request 
        to the Secretary to reserve not more than 15 percent of 
        grant funds, inclusive of the amount described in 
        paragraph (1), for additional State activities, 
        consistent with subsections (a) and (b).

SEC. 4206. PERFORMANCE METRICS; REPORT.

  (a) Establishment of Performance Metrics.--The Secretary, 
acting through the Director of the Institute of Education 
Sciences, shall establish performance metrics to evaluate the 
effectiveness of the activities carried out under this part.
  (b) Annual Report.--Each State or eligible entity that 
receives a grant under this part shall prepare and submit an 
annual report to the Secretary, which shall include information 
relevant to the performance metrics described in subsection 
(a).

SEC. 4207. EVALUATION.

  From the amount reserved in accordance with section 9601, the 
Secretary shall--
          (1) acting through the Director of the Institute of 
        Education Sciences, and in consultation with the 
        Director of the National Science Foundation--
                  (A) evaluate the implementation and impact of 
                the activities supported under this part, 
                including progress measured by the metrics 
                established under section 4206(a); and
                  (B) identify best practices to improve 
                instruction in science, technology, 
                engineering, and mathematics subjects; and
          (2) disseminate, in consultation with the National 
        Science Foundation, research on best practices to 
        improve instruction in science, technology, 
        engineering, and mathematics subjects.

SEC. 4208. SUPPLEMENT NOT SUPPLANT.

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

SEC. 4209. MAINTENANCE OF EFFORT.

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

                 [PART C--ENVIRONMENTAL TOBACCO SMOKE]

[SEC. 4301. [20 U.S.C. 7181] SHORT TITLE.]

  [This part may be cited as the ``Pro-Children Act of 2001''.]

[SEC. 4302. [20 U.S.C. 7182] DEFINITIONS.]

  [As used in this part:
          [(1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
          [(2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                  [(A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                          [(i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                          [(ii) administered by the Secretary 
                        of Agriculture in the case of a clinic 
                        (as defined in part 246.2 of title 7, 
                        Code of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                  [(B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this part,
        except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
          [(3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
          [(4) Person.--The term ``person'' means any State or 
        local subdivision of a State, agency of such State or 
        subdivision, corporation, or partnership that owns or 
        operates or otherwise controls and provides children's 
        services or any individual who owns or operates or 
        otherwise controls and provides such services.
          [(5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.]

[SEC. 4303. [20 U.S.C. 7183] NONSMOKING POLICY FOR CHILDREN'S 
                    SERVICES.]

  [(a) Prohibition.--After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility owned or leased or contracted for, 
and utilized, by such person for provision of routine or 
regular kindergarten, elementary, or secondary education or 
library services to children.
  [(b) Additional Prohibition.--
          [(1) In general.--After the date of enactment of the 
        No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or early 
        childhood development (Head Start) services.
          [(2) Exception.--Paragraph (1) shall not apply to--
                  [(A) any portion of such facility that is 
                used for inpatient hospital treatment of 
                individuals dependent on, or addicted to, drugs 
                or alcohol; and
                  [(B) any private residence.
  [(c) Federal Agencies.--
          [(1) Kindergarten, elementary, or secondary education 
        or library services.--After the date of enactment of 
        the No Child Left Behind Act of 2001, no Federal agency 
        shall permit smoking within any indoor facility in the 
        United States operated by such agency, directly or by 
        contract, to provide routine or regular kindergarten, 
        elementary, or secondary education or library services 
        to children.
          [(2) Health or day care or early childhood 
        development services.--
                  [(A) In general.--After the date of enactment 
                of the No Child Left Behind Act of 2001, no 
                Federal agency shall permit smoking within any 
                indoor facility (or portion of such facility) 
                operated by such agency, directly or by 
                contract, to provide routine or regular health 
                or day care or early childhood development 
                (Head Start) services to children.
                  [(B) Exception.--Subparagraph (A) shall not 
                apply to--
                          [(i) any portion of such facility 
                        that is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                          [(ii) any private residence.
          [(3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
  [(d) Notice.--The prohibitions in subsections (a) through (c) 
shall be published in a notice in the Federal Register by the 
Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
  [(e) Civil Penalties.--
          [(1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
          [(2) Administrative proceeding.--A civil penalty may 
        be assessed in a written notice, or an administrative 
        compliance order may be issued under paragraph (1), by 
        the Secretary only after an opportunity for a hearing 
        in accordance with section 554 of title 5, United 
        States Code. Before making such assessment or issuing 
        such order, or both, the Secretary shall give written 
        notice of the assessment or order to such person by 
        certified mail with return receipt and provide 
        information in the notice of an opportunity to request 
        in writing, not later than 30 days after the date of 
        receipt of such notice, such hearing. The notice shall 
        reasonably describe the violation and be accompanied 
        with the procedures for such hearing and a simple form 
        that may be used to request such hearing if such person 
        desires to use such form. If a hearing is requested, 
        the Secretary shall establish by such certified notice 
        the time and place for such hearing, which shall be 
        located, to the greatest extent possible, at a location 
        convenient to such person. The Secretary (or the 
        Secretary's designee) and such person may consult to 
        arrange a suitable date and location where appropriate.
          [(3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                  [(A) the nature, circumstances, extent, and 
                gravity of the violation;
                  [(B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; and
                  [(C) such other matters as justice may 
                require.
          [(4) Modification.--The Secretary may, as 
        appropriate, compromise, modify, or remit, with or 
        without conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
          [(5) Petition for review.--Any person aggrieved by a 
        penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
          [(6) Failure to comply.--If a person fails to pay an 
        assessment of a civil penalty or comply with an order, 
        after the assessment or order, or both, are final under 
        this section, or after a court has entered a final 
        judgment under paragraph (5) in favor of the Secretary, 
        the Attorney General, at the request of the Secretary, 
        shall recover the amount of the civil penalty (plus 
        interest at prevailing rates from the day the 
        assessment or order, or both, are final) or enforce the 
        order in an action brought in the appropriate district 
        court of the United States. In such action, the 
        validity and appropriateness of the penalty or order or 
        the amount of the penalty shall not be subject to 
        review.]

[SEC. 4304. [20 U.S.C. 7184] PREEMPTION.]

  [Nothing in this part is intended to preempt any provision of 
law of a State or political subdivision of a State that is more 
restrictive than a provision of this part.]

         PART C--INCREASING ACCESS TO A WELL-ROUNDED EDUCATION

SEC. 4301. PURPOSE.

  The purpose of this part is to improve student achievement by 
giving students increased access to high-quality instruction 
for a well-rounded education.

SEC. 4302. DEFINITIONS.

  In this part:
          (1) Covered subjects.--The term ``covered subjects'' 
        means any of the following academic subjects:
                  (A) Arts.
                  (B) Civics and government.
                  (C) Economics.
                  (D) Environmental education.
                  (E) Financial literacy.
                  (F) Foreign languages.
                  (G) Geography.
                  (H) Health education.
                  (I) History.
                  (J) Physical education.
                  (K) Social studies.
          (2) Eligible entity.--The term ``eligible entity'' 
        means a State educational agency in partnership with--
                  (A) a nonprofit organization with a 
                demonstrated record of success in improving 
                student achievement in 1 or more covered 
                subjects;
                  (B) an institution of higher education;
                  (C) a local educational agency;
                  (D) an educational service agency; or
                  (E) 1 or more other State educational 
                agencies.
          (3) Eligible subgrantee.--The term ``eligible 
        subgrantee'' means--
                  (A) a high-need local educational agency;
                  (B) an educational service agency serving 
                more than 1 high-need local educational agency; 
                or
                  (C) a consortium of high-need local 
                educational agencies.
          (4) Low-income student.--The term ``low-income 
        student'' means a student--
                  (A) from a family with an income below the 
                poverty line; or
                  (B) who is eligible for free or reduced-price 
                lunch under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.).

SEC. 4303. GRANT PROGRAM.

  (a) Grants to Eligible Entities.--From amounts appropriated 
to carry out this part for a fiscal year, and not reserved in 
accordance with section 9601, the Secretary shall make grants 
to eligible entities to enable the eligible entities to carry 
out the activities described in subsection (e).
  (b) Duration.--A grant under this section shall be for a 
period of not more than 5 years.
  (c) Payments.--
          (1) Contingent payments.--After the third year of a 
        grant under this section, the Secretary shall make 
        continued funding under the grant contingent upon the 
        eligible entity's progress toward reaching the goals 
        established under the metrics described in subsection 
        (h)(1).
          (2) Formula.--
                  (A) Distribution trigger.--
                          (i) Amount to trigger formula.--If 
                        the amount of funds appropriated to 
                        carry out this part for a fiscal year 
                        equals or exceeds $500,000,000, then 
                        the Secretary shall award grants to 
                        eligible entities based on the formula 
                        described under subparagraph (B).
                          (ii) Amount to trigger competitive 
                        grant process.--If the funds 
                        appropriated to carry out this part for 
                        a fiscal year are less than 
                        $500,000,000, then the Secretary shall 
                        award grants to eligible entities on a 
                        competitive basis.
                  (B) Formula.--From funds made available to 
                carry out this part for a fiscal year, and not 
                reserved in accordance with section 9601, the 
                Secretary shall allot to each eligible entity 
                having an application approved under 
                subparagraph (C)--
                          (i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of individuals 
                        ages 5 through 17 from families with 
                        incomes below the poverty line, in the 
                        State, as determined by the Secretary 
                        on the basis of the most recent 
                        satisfactory data, bears to the number 
                        of those individuals in all States that 
                        have an application approved under such 
                        subparagraph; and
                          (ii) an amount that bears the same 
                        relationship to 20 percent of the 
                        remainder as the number of individuals 
                        ages 5 to 17 in the State, as 
                        determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data, bears to the number of those 
                        individuals in all States that have an 
                        application approved under such 
                        subparagraph.
                  (C) Exceptions.--
                          (i) Minimum grant amount.--Subject to 
                        clause (ii), no State receiving an 
                        allotment under subparagraph (B) may 
                        receive less than 1 percent of the 
                        total amount allotted under such 
                        subparagraph.
                          (ii) Puerto rico.--The percentage of 
                        the amount allotted under subparagraph 
                        (B) that is allotted to the 
                        Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed the amount 
                        under clause (i).
                  (D) Peer review requirements.--The Secretary 
                shall establish a peer review process to ensure 
                that applications submitted for formula 
                funding, as described in subparagraph (B), are 
                of high quality and meet the requirements and 
                purposes of this part.
  (d) Application.--
          (1) In general.--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.
          (2) Contents.--The application shall, at a minimum--
                  (A) describe the needs identified by the 
                eligible entity, based on the eligible entity's 
                analysis of--
                          (i) student access to, and quality of 
                        instruction in, covered subjects, 
                        including a comparison of such access 
                        and quality between low-income and non-
                        low-income students in the State served 
                        by the eligible entity;
                          (ii) the capacity of high-need local 
                        educational agencies in such State to 
                        deliver high-quality instruction in 
                        covered subjects, including an analysis 
                        of instructional supports, curricula, 
                        teacher evaluation systems, and teacher 
                        qualifications, effectiveness, 
                        knowledge, and skills;
                          (iii) the capacity of the eligible 
                        entity to provide local educational 
                        agencies with the support, including 
                        professional development and technical 
                        assistance, needed to deliver high-
                        quality instruction and curricula in 
                        covered subjects; and
                          (iv) standards, assessments, 
                        curricula, accommodations, and other 
                        supports used in such State in covered 
                        subjects;
                  (B) identify the covered subjects that the 
                eligible entity will address through the 
                activities described in subsection (e), 
                consistent with the needs identified in 
                subparagraph (A);
                  (C) describe, in a manner that addresses the 
                needs identified in subparagraph (A)--
                          (i) how access to high-quality 
                        courses in the subjects identified in 
                        subparagraph (B) will be increased for 
                        low-income students in such State;
                          (ii) how the knowledge and skills of 
                        teachers will be evaluated and improved 
                        so that such teachers will deliver 
                        high-quality instruction in such 
                        subjects;
                          (iii) how the eligible entity will 
                        provide assistance to high-need local 
                        educational agencies to improve student 
                        access to, and achievement in, the 
                        subjects identified in subparagraph 
                        (B), including through principal 
                        training; and
                          (iv) how the eligible entity will 
                        ensure that all activities funded 
                        through a grant awarded under this 
                        section are evidence-based;
                  (D) describe how activities funded through a 
                grant awarded under this section will be 
                aligned with other Federal, State, and local 
                funding, programs, and strategies, as 
                appropriate; and
                  (E) if applicable, describe the eligible 
                entity's plan for disbursing funds to eligible 
                subgrantees to implement the activities 
                described in subsection (e).
          (3) Competitive priority.--If grants are awarded 
        competitively, consistent with subsection 
        (c)(2)(A)(ii), the Secretary shall give priority to 
        applications from eligible entities that--
                  (A) include in the application a plan to 
                implement an interdisciplinary approach, by 
                integrating instruction in 1 or more covered 
                subjects with reading, English, language arts, 
                science, or mathematics instruction; and
                  (B) include in the application a plan to 
                provide expanded learning time in the schools 
                served by eligible subgrantees, in order to 
                increase access to covered subjects.
  (e) Authorized Activities.--
          (1) In general.--Each eligible entity that receives a 
        grant under this section shall use the grant funds to 
        increase access for low-income students to high-quality 
        courses in the subjects identified in subsection 
        (d)(2)(B) by carrying out 1 or more of the following 
        activities:
                  (A) Improving the knowledge and skills of 
                teachers through rigorous evaluation systems, 
                professional development, and other 
                instructional supports in order to deliver 
                high-quality instruction in such subjects, 
                including to students who are English learners 
                and students who are children with 
                disabilities.
                  (B) Providing assistance to high-need local 
                educational agencies to improve low-income 
                student access to, and achievement in, such 
                subjects.
                  (C) Developing and implementing, or building 
                local capacity to develop and implement, high-
                quality curricula, instructional supports, and 
                assessments that are aligned with the State 
                college and career ready academic content and 
                achievement standards, consistent with section 
                1111(a)(1), in such subjects.
          (2) Special rule.--Each eligible entity that receives 
        a grant under this section shall use grant funds to 
        meet the needs identified in subsection (d)(2)(A) and 
        the Secretary shall not require any eligible entity to 
        address a specific subject or to address all covered 
        subjects.
          (3) State administration.--Each eligible entity that 
        receives a grant under this section may reserve not 
        more than 4 percent of grant funds for administration 
        costs of the grant.
  (f) Subgrants.--
          (1) In general.--Each eligible entity that receives a 
        grant under this section may, in accordance with 
        paragraph (2), award subgrants, on a competitive basis, 
        to eligible subgrantees to enable such eligible 
        subgrantees to carry out the activities described in 
        subsection (e).
          (2) Minimum grant.--Each subgrant under this 
        subsection shall be of sufficient size and scope to 
        support a high-quality, effective program that is 
        consistent with the purpose of this part.
  (g) Evaluation.--From the amount reserved in accordance with 
section 9601, the Secretary shall--
          (1) acting through the Director of the Institute of 
        Education Sciences--
                  (A) evaluate, in consultation with the 
                relevant program office at the Department of 
                Education, the implementation and impact of the 
                activities supported under this section, 
                including progress as measured by the metrics 
                established under subsection (h)(1); and
                  (B) identify best practices to improve 
                instruction in covered subjects; and
          (2) disseminate research on best practices to improve 
        instruction in covered subjects.
  (h) Accountability.--
          (1) Performance metrics.--The Secretary, acting 
        through the Director of the Institute of Education 
        Sciences, shall, in consultation with the relevant 
        program office at the Department, establish performance 
        metrics to evaluate the outcomes of grant projects that 
        are assisted under this part.
          (2) Annual reports.--Each eligible entity that 
        receives a grant under this section shall prepare and 
        submit an annual report to the Secretary, which shall 
        include information about the performance metrics 
        described in paragraph (1).
  (i) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement 
the funds that would, in the absence of such Federal funds, be 
made available from other Federal and non-Federal sources for 
the activities described in this section, and not to supplement 
such funds.
  (j) Maintenance of Effort.--A State that receives assistance 
under this part shall maintain the fiscal effort provided by 
the State for the subjects supported by a grant under this part 
at a level equal to or greater than the level of such fiscal 
effort for the preceding fiscal year.

             PART D--SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

SEC. 4401. PURPOSE.

  The purpose of this part is to assist States and local 
educational agencies in developing and implementing 
comprehensive programs and strategies to foster positive 
conditions for learning in public schools, in order to increase 
academic achievement for all students through activities that--
          (1) promote student physical health and well-being, 
        nutrition, and fitness;
          (2) promote student mental health and well-being;
          (3) prevent school violence and harassment, and 
        reduce substance abuse among students; and
          (4) promote safe and supportive schools.

SEC. 4402. DEFINITIONS.

  In this part:
          (1) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V of section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
          (2) Drug.--The term ``drug'' includes--
                  (A) a controlled substance;
                  (B) with respect to alcohol and tobacco, the 
                illegal use of such substances; and
                  (C) with respect to inhalants and anabolic 
                steroids, the harmful, abusive, or addictive 
                use of such substances.
          (3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                  (A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or 
                education related to the abuse and illegal use 
                of drugs; and
                  (B) with respect to violence, the promotion 
                of school safety, such that students and school 
                personnel are free from violent and disruptive 
                acts, including sexual harassment and abuse, 
                and victimization associated with prejudice and 
                intolerance, on school premises, going to and 
                from school, at school sponsored activities, 
                and via communications made available through 
                electronic means, through the creation and 
                maintenance of a school environment that is 
                free of weapons and fosters individual 
                responsibility and respect for the rights of 
                others, and employs positive, preventative 
                approaches to school discipline that minimize 
                students' removal from instruction and reduce 
                disparities among the subgroups of students 
                described in section 1111(a)(2)(B)(ix).
          (4) Eligible local applicant.--The term ``eligible 
        local applicant'' means--
                  (A) a local educational agency;
                  (B) a consortium of local educational 
                agencies; or
                  (C) a local educational agency or consortium 
                of local educational agencies in partnership 
                with a nonprofit organization that has a 
                demonstrated record of success in implementing 
                activities consistent with the purpose of this 
                part.
          (5) Physical education indicators.--The term 
        ``physical education indicators'' means a set of 
        measures for instruction on physical activity, health-
        related fitness, physical competence, and cognitive 
        understanding about physical activity that--
                  (A) are publicly reported annually in the 
                State's conditions for learning measurement 
                system described in section 4404(g); and
                  (B) include, for the State, for each local 
                educational agency in the State, and for each 
                school in the State, the average number of 
                minutes that all students engage in moderate to 
                vigorous physical activity, as measured against 
                established recommended guidelines of the 
                Centers for Disease Control and Prevention and 
                the Department of Health and Human Services.
          (6) Programs to promote mental health.--The term 
        ``programs to promote mental health'' means programs 
        that--
                  (A) develop students' social and emotional 
                competencies; and
                  (B) link students with, as applicable, 
                school-based or local mental health systems, 
                including by--
                          (i) enhancing, improving, or 
                        developing collaborative efforts 
                        between school-based systems and mental 
                        health systems;
                          (ii) improving the availability of 
                        crisis intervention services and 
                        appropriate referrals for students 
                        potentially in need of mental health 
                        services;
                          (iii) providing training for mental 
                        health professionals and other school-
                        based specialized instructional support 
                        personnel who will participate in the 
                        program; and
                          (iv) providing services that 
                        establish or expand the availability of 
                        counseling and mental health programs 
                        for students.
          (7) Programs to promote physical activity, education, 
        fitness, and nutrition.--The term ``programs to promote 
        physical activity, education, fitness, and nutrition'' 
        means programs that increase and enable active student 
        participation in physical well-being activities, 
        provide teacher professional development, are 
        comprehensive in nature, and include 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, 
        and include 1 or more of the following activities:
                  (A) Fitness education and assessment to help 
                students understand, improve, or maintain their 
                physical well-being.
                  (B) Instruction in a variety of motor skills 
                and physical activities designed to enhance the 
                physical, mental, social, and emotional 
                development of every student.
                  (C) Development of, and instruction in, 
                cognitive concepts about motor skill and 
                physical fitness that support a lifelong 
                healthy lifestyle.
                  (D) Opportunities to develop positive social 
                and cooperative skills through physical 
                activity.
                  (E) Instruction in healthy eating habits and 
                good nutrition.

SEC. 4403. RESERVATIONS.

  From amounts made available to carry out this part, the 
Secretary shall reserve--
          (1) for the first 3 years for which funding is made 
        available to carry out this part--
                  (A) not more than 30 percent of such amounts 
                or $30,000,000, whichever amount is greater, 
                for State conditions for learning measurement 
                systems grants, distributed to every State (by 
                an application process consistent with section 
                4404) in an amount proportional to each State's 
                share of funding under part A of title I of 
                this Act, to develop or improve the State's 
                conditions for learning measurement system 
                described in section 4404(g), and to conduct a 
                needs analysis to meet the requirements of 
                section 4404(c)(2); and
                  (B) not more than 68 percent of such amounts 
                for Successful, Safe, and Healthy Students 
                State Grants under section 4404;
          (2) for the fourth year and each subsequent year for 
        which funding is made available to carry out this part, 
        not less than 98 percent of such amounts for 
        Successful, Safe, and Healthy Students State Grants 
        under section 4404; and
          (3) in each year for which funding is made available 
        to carry out this part, not more than 2 percent of such 
        amounts for technical assistance.

SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

  (a) Purpose.--The purpose of this section is to provide 
funding to States to implement comprehensive programs that 
address conditions for learning in schools in the State. Such 
programs shall be based on--
          (1) scientifically valid research; and
          (2) an analysis of need that considers, at a minimum, 
        the indicators in the State's conditions for learning 
        measurement system described in subsection (g).
  (b) State Grants.--
          (1) In general.--From amounts reserved under section 
        4403 for Successful, Safe, and Healthy Students State 
        Grants, the Secretary shall award grants to States to 
        carry out the purpose of this section.
          (2) Awards to states.--
                  (A) Formula grants.--Except as provided in 
                subparagraph (B), if the total amount reserved 
                under section 4404 for Successful, Safe, and 
                Healthy Students State Grants for a fiscal year 
                is $500,000,000 or greater, the Secretary shall 
                allot to each State with an approved 
                application an amount that bears the same 
                relationship to such total amount as the amount 
                received under part A of title I by such State 
                for the preceding fiscal year bears to the 
                amount received under such part for the 
                preceding fiscal year by all States.
                  (B) Minimum state allotment.--
                          (i) In general.--No State receiving 
                        an allotment under subparagraph (A) may 
                        receive less than one-half of 1 percent 
                        of the total amount allotted under such 
                        subparagraph.
                          (ii) Puerto rico.--The amount 
                        allotted under subparagraph (A) to the 
                        Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed one-half of 
                        1 percent of the total amount allotted 
                        under such subparagraph for such fiscal 
                        year.
                  (C) Competitive grants.--
                          (i) In general.--If the total amount 
                        reserved under section 4404 for 
                        Successful, Safe, and Healthy Students 
                        State Grants for a fiscal year is less 
                        than $500,000,000, the Secretary shall 
                        award grants under this section on a 
                        competitive basis.
                          (ii) Sufficient size and scope.--In 
                        awarding grants on a competitive basis 
                        pursuant to clause (i), the Secretary 
                        shall ensure that grant awards are of 
                        sufficient size and scope to carry out 
                        required and approved activities under 
                        this section.
  (c) Applications.--
          (1) In general.--A State that desires to receive a 
        grant under this section shall submit an application at 
        such time, in such manner, and containing such 
        information as the Secretary may require.
          (2) Content of application.--At a minimum, the 
        application shall include--
                  (A) a plan for improving conditions for 
                learning in schools in the State in a manner 
                consistent with the requirements of the program 
                that may be a part of a broader statewide child 
                and youth plan, if such a plan exists and is 
                consistent with the requirements of this part;
                  (B) a needs analysis of the conditions for 
                learning in schools in the State, which--
                          (i) shall include a description of, 
                        and data measuring, the State's 
                        conditions for learning; and
                          (ii) may be a part of a broader 
                        statewide child and youth needs 
                        analysis, if such an analysis exists 
                        and is consistent with the requirements 
                        of this part;
                  (C) a description of how the activities the 
                State proposes to implement with grant funds 
                are responsive to the results of the needs 
                analysis described in subparagraph (B); and
                  (D) a description of how the State will--
                          (i) develop, adopt, adapt, or 
                        implement the State's conditions for 
                        learning measurement system described 
                        in subsection (g), and how the State 
                        will ensure that all local educational 
                        agencies and schools in the State 
                        participate in such system;
                          (ii) ensure the quality and validity 
                        of the State's conditions for learning 
                        data collection;
                          (iii) coordinate the proposed 
                        activities with other Federal and State 
                        programs, including programs funded 
                        under this part, which may include 
                        programs to expand learning time and 
                        for before- and after-school 
                        programming;
                          (iv) assist local educational 
                        agencies to align activities with funds 
                        the agencies receive under the program 
                        with other funding sources in order to 
                        support a coherent and nonduplicative 
                        program;
                          (v) solicit and approve subgrant 
                        applications, including how the State 
                        will--
                                  (I) allocate funds for 
                                statewide activities and 
                                subgrants for each year of the 
                                grant, consistent with 
                                allocation requirements under 
                                subsection (h)(2); and
                                  (II) consider the results of 
                                the analysis described in 
                                subparagraph (B) in the State's 
                                distribution of subgrants;
                          (vi) address the needs of diverse 
                        geographic areas in the State, 
                        including rural and urban communities;
                          (vii) provide assistance to local 
                        educational agencies and schools in 
                        their efforts to prevent and 
                        appropriately respond to incidents of 
                        harassment, including building the 
                        capacity of such agencies and schools 
                        to educate family and community members 
                        regarding the agencies' and schools' 
                        respective roles in preventing and 
                        responding to such incidents; and
                          (viii) provide assistance to local 
                        educational agencies and schools in 
                        their approaches to school discipline.
          (3) Application review process.--The Secretary shall 
        establish a process to review applications submitted 
        under this subsection.
  (d) Duration.--
          (1) In general.--A State that receives a grant under 
        this section may receive funding for not more than 5 
        years in accordance with this subsection.
          (2) Initial period.--The Secretary shall award grants 
        under this section for an initial period of not more 
        than 3 years.
          (3) Grant extension.--The Secretary may extend a 
        competitive grant awarded to a State under this section 
        for not more than an additional 2 years if the State 
        shows sufficient improvement, as determined by the 
        Secretary, against baseline data for the performance 
        metrics established under subsection (i).
  (e) Reservation and Use of Funds.--A State that receives a 
grant under this section shall--
          (1) reserve not more than 7\1/2\ percent of the grant 
        funds for administration of the program, technical 
        assistance, and the development, improvement, and 
        implementation of the State's conditions for learning 
        measurement system, as described in subsection (g); and
          (2) use the remainder of grant funds after making the 
        reservation under paragraph (1) to award subgrants, on 
        a competitive basis, to eligible local applicants.
  (f) Required State Activities.--A State that receives a grant 
under this section shall--
          (1) establish a statewide physical education 
        requirement that is consistent with widely recognized 
        standards;
          (2) require all local educational agencies in the 
        State to--
                  (A) establish policies that prevent and 
                prohibit conduct that is sufficiently severe, 
                persistent, or pervasive to limit a student's 
                ability to participate in or benefit from a 
                program or activity of a public school or 
                educational agency, or to create a hostile or 
                abusive educational environment at a program or 
                activity of a public school or educational 
                agency, including acts of verbal, nonverbal, or 
                physical aggression, intimidation, or 
                hostility; and
                  (B) provide--
                          (i) annual notice to parents and 
                        students describing the full range of 
                        prohibited conduct contained in such 
                        local educational agency's discipline 
                        policies; and
                          (ii) grievance procedures for 
                        students or parents to register 
                        complaints regarding the prohibited 
                        conduct contained in such local 
                        educational agency's discipline 
                        policies, including--
                                  (I) the name of the local 
                                educational agency officials 
                                who are designated as 
                                responsible for receiving such 
                                complaints; and
                                  (II) timelines that the local 
                                educational agency will follow 
                                in the resolution of such 
                                complaints;
          (3) not later than 1 year after receipt of the grant, 
        develop, adapt, improve, or adopt and implement the 
        statewide conditions for learning measurement system 
        described in subsection (g) (unless the State can 
        demonstrate, to the satisfaction of the Secretary, that 
        an appropriate system has already been implemented) 
        that annually measures the State's progress in the 
        conditions for learning for every public school in the 
        State;
          (4) collect information in each year of the grant on 
        the conditions for learning at the school-building 
        level;
          (5) collect annual incident data at the school-
        building level that are accurate and complete;
          (6) publicly report, at the school level and local 
        educational agency level, the data collected in the 
        State's conditions for learning measurement system, 
        described in subsection (g), each year in a timely and 
        highly accessible manner, and in a manner that does not 
        reveal personally identifiable information;
          (7) use the results of the data collected in the 
        State's conditions for learning measurement system to--
                  (A) identify and address conditions for 
                learning statewide;
                  (B) help subgrantees identify and address 
                school and student needs; and
                  (C) provide individualized assistance to 
                schools identified under section 1116 and 
                schools with significant conditions for 
                learning weaknesses;
          (8) award subgrants, consistent with subsection (h), 
        to eligible local applicants; and
          (9) monitor subgrants and provide technical 
        assistance to subgrantees on the implementation of 
        grant activities.
  (g) Conditions for Learning Measurement System.--
          (1) In general.--Each State that receives a grant 
        under this part shall establish a State reporting and 
        information system that measures conditions for 
        learning in the State and is, to the extent 
        practicable, part of the State's statewide longitudinal 
        data system and with the State's system for reporting 
        the data required under section 1111.
          (2) System activities.--The State reporting and 
        information system described in paragraph (1) shall--
                  (A) contain, at a minimum, data from valid 
                and reliable surveys of students and staff and 
                the indicators in subparagraph (B) that allow 
                staff at the State, local educational agencies, 
                and schools to examine and improve school-level 
                conditions for learning;
                  (B) collect school-level data on--
                          (i) physical education indicators;
                          (ii) student attendance and truancy;
                          (iii) in-school suspensions, out-of-
                        school suspensions, expulsions, 
                        referrals to law enforcement, school-
                        based arrests, and disciplinary 
                        transfers (including placements in 
                        alternative schools) by student;
                          (iv) the frequency, seriousness, and 
                        incidence of violence and drug-related 
                        offenses resulting in disciplinary 
                        action in elementary schools and 
                        secondary schools in the State; and
                          (v) the incidence and prevalence, age 
                        of onset, perception of health risk, 
                        and perception of social disapproval of 
                        drug use and violence, including 
                        harassment, by youth and school 
                        personnel in schools and communities;
                  (C) collect and report data, including, at a 
                minimum, the data described in clauses (ii), 
                (iii), and (v) of subparagraph (B), in the 
                aggregate and disaggregated by the categories 
                of race, ethnicity, gender, disability status, 
                migrant status, English proficiency, and status 
                as economically disadvantaged, and cross 
                tabulated across all of such categories by 
                gender and by disability;
                  (D) protect student privacy, consistent with 
                applicable data privacy laws and regulations, 
                including section 444 of the General Education 
                Provisions Act (20 U.S.C. 1232g, commonly known 
                as the ``Family Educational Rights and Privacy 
                Act of 1974''); and
                  (E) to the extent practicable, utilize a web-
                based reporting system.
          (3) Compiling statistics.--In compiling the 
        statistics required to measure conditions for learning 
        in the State--
                  (A) the offenses described in paragraph 
                (2)(B)(iv) shall be defined pursuant to the 
                State's criminal code, and aligned to the 
                extent possible, with the Federal Bureau of 
                Investigation's Uniform Crime Reports 
                categories, but shall not identify victims of 
                crimes or persons accused of crimes and the 
                collected data shall include incident reports 
                by school officials, anonymous student surveys, 
                and anonymous teacher surveys;
                  (B) the performance metrics that are 
                established under subsection (i) shall be 
                collected and the performance on such metrics 
                shall be defined and reported uniformly 
                statewide;
                  (C) the State shall collect, analyze, and use 
                the data under paragraph (2)(B) at least 
                annually, except the indicators under paragraph 
                (2)(B)(v) may be collected, at a minimum, every 
                2 years; and
                  (D) grant recipients and subgrant recipients 
                shall use the data for planning and continuous 
                improvement of activities implemented under 
                this part, and may collect data for indicators 
                that are locally defined, and that are not 
                reported to the State, to meet local needs (so 
                long as such indicators are aligned with the 
                conditions for learning).
  (h) Subgrants.--
          (1) In general.--
                  (A) Awarding of subgrants.--A State that 
                receives a grant under this section shall award 
                subgrants, on a competitive basis, to eligible 
                local applicants--
                          (i) based on need as identified by 
                        the State's conditions for learning 
                        measurement system described in 
                        subsection (g);
                          (ii) that are of sufficient size and 
                        scope to enable subgrantees to carry 
                        out approved activities; and
                          (iii) to implement programs that--
                                  (I) are comprehensive in 
                                nature;
                                  (II) are based on 
                                scientifically valid research;
                                  (III) improve conditions for 
                                learning; and
                                  (IV) are part of a strategy 
                                to achieve all the conditions 
                                for learning.
                  (B) Assistance.--A State that receives a 
                grant under this section shall provide 
                assistance to subgrant applicants and 
                recipients in the selection of scientifically 
                valid programs and interventions.
          (2) Allocation.--
                  (A) In general.--In awarding subgrants under 
                this section, each State shall ensure that, for 
                the aggregate of all subgrants awarded by the 
                State, not less than 20 percent of the subgrant 
                funds are allocated to carry out programs to 
                promote physical activity, education, fitness, 
                and nutrition.
                  (B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require States, 
                in making subgrants to eligible local 
                applicants, to require subgrant recipients to 
                use 20 percent of subgrant funds for the 
                promotion of physical activity, education, 
                fitness, and nutrition.
          (3) Applications.--An eligible local applicant that 
        desires to receive a subgrant under this subsection 
        shall submit to the State an application at such time, 
        in such manner, and containing such information as the 
        State may require.
          (4) Priority.--In awarding subgrants under this 
        subsection, a State shall give priority to applications 
        that--
                  (A) demonstrate the greatest need according 
                to the results of the local needs assessment; 
                and
                  (B) propose to serve schools with the highest 
                concentrations of poverty, based on the 
                percentage of students receiving or are 
                eligible to receive a free or reduced price 
                lunch under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.).
          (5) Activities of subgrant recipients.--Each 
        recipient of a subgrant under this subsection shall, 
        for the duration of the subgrant, provide for the 
        following:
                  (A) Carry out activities--
                          (i) the need for which has been 
                        identified, at a minimum, through the 
                        State's conditions for learning 
                        measurement system described in 
                        subsection (g);
                          (ii) that are part of a comprehensive 
                        strategy or framework to address such 
                        need; and
                          (iii) that include 1 or more of the 
                        following:
                                  (I) Drug and violence 
                                prevention;
                                  (II) Programs to promote 
                                mental health.
                                  (III) Programs to promote 
                                physical activity, education, 
                                fitness, and nutrition.
                  (B) Ensure that each framework, intervention, 
                or program selected be based on scientifically 
                valid research and be used for the purpose for 
                which such framework, intervention, or program 
                was found to be effective.
                  (C) Use school-level data from the State's 
                conditions for learning measurement system, 
                described in subsection (g), to inform the 
                implementation and continuous improvement of 
                activities carried out under this part.
                  (D) Collect and report to the State 
                educational agency, data for schools served by 
                the subgrant recipient, in a manner consistent 
                with the State's conditions for learning 
                measurement system, described in subsection 
                (g).
                  (E) Establish policies to expand access to 
                quality physical activity opportunities, 
                including local school wellness policies 
                consistent with the requirements of section 9A 
                of the Richard B. Russell National School Lunch 
                Act. For purposes of this part, school wellness 
                councils established consistent with section 9A 
                of the Richard B. Russell National School Lunch 
                Act may be part of existing school councils, if 
                such councils exist and have the capacity and 
                willingness to address school wellness.
                  (F) Engage family members and community-based 
                organizations in the development of conditions 
                for learning surveys, and in the planning, 
                implementation, and review of the subgrant 
                recipient's efforts under this part.
                  (G) Consider and accommodate the unique needs 
                of students with disabilities and English 
                learners in implementing activities.
  (i) Accountability.--
          (1) Establishment of performance metrics.--The 
        Secretary, acting through the Director of the Institute 
        of Education Sciences, shall establish program 
        performance metrics to measure the effectiveness of the 
        activities carried out under this part.
          (2) Annual report.--Each State that receives a grant 
        under this part shall prepare and submit an annual 
        report to the Secretary, which shall include 
        information relevant to the conditions for learning, 
        including on progress towards meeting outcomes for the 
        metrics established under paragraph (1).
  (j) Evaluation.--From the amount reserved in accordance with 
section 9601, the Secretary, acting through the Director of the 
Institute of Education Sciences, shall conduct an evaluation of 
the impact of the practices funded or disseminated under this 
section.

SEC. 4405. TECHNICAL ASSISTANCE.

  From the amount reserved under section 4403(3), the Secretary 
shall provide technical assistance to applicants, recipients, 
and subgrant recipients of the programs funded under this part.

SEC. 4406. PROHIBITED USES OF FUNDS.

  No funds appropriated under this part may be used to pay 
for--
          (1) school resource officer or other security 
        personnel salaries, metal detectors, security cameras, 
        or other security-related salaries, equipment, or 
        expenses;
          (2) drug testing programs; or
          (3) the development, establishment, implementation, 
        or enforcement of zero-tolerance discipline policies, 
        other than those expressly required under the Gun-Free 
        Schools Act (20 U.S.C. 7151 et seq.).

SEC. 4407. FEDERAL AND STATE NONDISCRIMINATION LAWS.

  Nothing in this part shall be construed to invalidate or 
limit nondiscrimination principles or rights, remedies, 
procedures, or legal standards available to victims of 
discrimination under any other Federal law or law of a State or 
political subdivision of a State, including title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of 
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794 and 794a), or the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). The obligations imposed by this part 
are in addition to those imposed by title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.).

           PART [B]E--21ST CENTURY COMMUNITY LEARNING CENTERS

SEC. [4201]4501. PURPOSE; DEFINITIONS.

  (a) Purpose.--The purpose of this part is [to provide]to 
assist States in providing opportunities for 
[communities]eligible entities to establish or expand 
activities in community learning centers that--
          (1) provide students with before school, after 
        school, or summer learning opportunities for academic 
        enrichment, including providing tutorial services to 
        help students[, particularly students] who attend low-
        performing schools[,] to meet State and local student 
        academic achievement standards in core academic 
        subjects, such as reading and mathematics;
          (2) offer students who attend low-performing schools 
        a broad array of additional services, programs, and 
        activities, such as youth development activities, drug 
        and violence prevention programs, counseling programs, 
        art, music, and recreation programs, technology 
        education programs, and character education programs, 
        that are designed to reinforce and complement the 
        regular academic program of participating students; 
        [and]
          [(3) offer families of students served by community 
        learning centers opportunities for literacy and related 
        educational development.]
          (3) significantly increase the number of hours in a 
        regular school day, week, or year in order to provide 
        students with additional time for academic work and for 
        additional subjects and enrichment activities that 
        increase student achievement and engagement; and
          (4) comprehensively redesign and implement an 
        expanded school day, expanded school week, or expanded 
        school year schedule for all students in a high-need 
        school, to provide additional time for--
                  (A) instruction in core academic subjects;
                  (B) instruction in additional subjects and 
                enrichment activities; and
                  (C) teachers and staff to collaborate, plan, 
                and engage in professional development within 
                and across grades and subjects.
  (b) Definitions.--In this part:
          (1) Community learning center.--The term ``community 
        learning center'' means an entity [that--]that provides 
        1 or more of the following:
                  (A) [assists]Before school, after school, or 
                summer learning programs that assist students 
                in meeting State and local academic achievement 
                standards in core academic subjects, such as 
                reading and mathematics, by providing the 
                students with opportunities for academic 
                enrichment activities and a broad array of 
                other activities (such as drug and violence 
                prevention, counseling, art, music, recreation, 
                technology, and character education programs) 
                during nonschool hours or periods when school 
                is not in session [(such as before and after 
                school or during summer recess)]that reinforce 
                and complement the regular academic programs of 
                the schools attended by the students served[; 
                and].
                  [(B) offers families of students served by 
                such center opportunities for literacy and 
                related educational development.]
                  (B) Expanded learning time programs that 
                significantly increase the total number of 
                hours in a regular school day, week, or year, 
                in order to provide students with the greatest 
                academic needs with--
                          (i) additional time to participate in 
                        academic activities that--
                                  (I) are aligned with the 
                                instruction that such students 
                                receive during the regular 
                                school day; and
                                  (II) are targeted to the 
                                academic needs of such 
                                students; and
                          (ii) time to engage in enrichment and 
                        other activities that complement the 
                        academic program and contribute to a 
                        well-rounded education, which may 
                        include music and the arts, physical 
                        education, and experiential and work-
                        based learning opportunities.
                  (C) Expanded learning time initiatives that 
                use an expanded school day, expanded school 
                week, or expanded school year schedule to 
                increase the total number of school hours for 
                the school year at a high-need school by not 
                less than 300 hours and redesign the school's 
                program in a manner that includes additional 
                time--
                          (i) for academic work, and to support 
                        innovation in teaching, in order to 
                        improve the proficiency of 
                        participating students, particularly 
                        struggling students, in core academic 
                        subjects;
                          (ii) to advance student learning for 
                        all students in all grades;
                          (iii) for additional subjects and 
                        enrichment activities that contribute 
                        to a well-rounded education, which may 
                        include music and the arts, physical 
                        education, and experiential and work-
                        based learning opportunities; and
                          (iv) for teachers to engage in 
                        collaboration and professional 
                        planning, within and across grades and 
                        subjects.
          [(2) Covered program.--The term ``covered program'' 
        means a program for which--
                  [(A) the Secretary made a grant under part I 
                of title X (as such part was in effect on the 
                day before the date of enactment of the No 
                Child Left Behind Act of 2001); and
                  [(B) the grant period had not ended on that 
                date of enactment.
          [(3) Eligible entity.--The term ``eligible entity'' 
        means a local educational agency, community-based 
        organization, another public or private entity, or a 
        consortium of two or more of such agencies, 
        organizations, or entities.]
          (2) Eligible entity.--
                  (A) In general.--The term ``eligible entity'' 
                means a partnership of--
                          (i) 1 or more high-need local 
                        educational agencies in partnership 
                        with 1 or more nonprofit organizations 
                        with a demonstrated record of success 
                        in designing and implementing before 
                        school, after school, summer learning, 
                        or expanded learning time activities; 
                        or
                          (ii) 1 or more nonprofit 
                        organizations with a demonstrated 
                        record of success in designing and 
                        implementing before school, after 
                        school, summer learning, or expanded 
                        learning time activities, in 
                        partnership with 1 or more high-need 
                        local educational agencies.
                  (B) Special rule.--A State educational agency 
                shall deem a rural local educational agency 
                applying for a grant under section 4504 without 
                a partnering public or nonprofit entity to be 
                an eligible entity if the rural local 
                educational agency demonstrates that such 
                agency is unable to partner with a public or 
                nonprofit organization in reasonable geographic 
                proximity or of sufficient quality to meet the 
                requirements of this part.
          [(4)](3) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.

SEC. [4202]4502. ALLOTMENTS TO STATES.

  (a) Reservation.--From the funds appropriated [under section 
4206]to carry out this part for any fiscal year, the Secretary 
shall reserve--
          [(1) such amount as may be necessary to make 
        continuation awards to grant recipients under covered 
        programs (under the terms of those grants);]
          [(2)](1) not more than 1 percent for national 
        activities, which the Secretary may carry out directly 
        or through grants and contracts, such as providing 
        technical assistance to eligible entities carrying out 
        programs under this part or conducting a national 
        evaluation; and
          [(3)](2) not more than 1 percent for payments to the 
        outlying areas and the [Bureau of Indian Affairs]Bureau 
        of Indian Education, to be allotted in accordance with 
        their respective needs for assistance under this part, 
        as determined by the Secretary, to enable the outlying 
        areas and the Bureau to carry out the purpose of this 
        part.
  (b) State Allotments.--
          (1) Determination.--From the funds appropriated 
        [under section 4206]to carry out this part for any 
        fiscal year and remaining after the Secretary makes 
        reservations under subsection (a), the Secretary shall 
        allot to each State for the fiscal year an amount that 
        bears the same relationship to the remainder as the 
        amount the State received under subpart 2 of part A of 
        title I for the preceding fiscal year bears to the 
        amount all States received under that subpart for the 
        preceding fiscal year, except that no State shall 
        receive less than an amount equal to one-half of 1 
        percent of the total amount made available to all 
        States under this subsection.
          (2) Reallotment of unused funds.--* * *
  (c) State Use of Funds.--
          (1) In general.--Each State that receives an 
        allotment under this part shall reserve not less than 
        95 percent of the amount allotted to such State under 
        subsection (b), for each fiscal year for awards to 
        eligible entities under section [4204]4504.
          (2) State administration.--A State educational agency 
        may use not more than 2 percent of the amount made 
        available to the State under subsection (b) for--
                  (A) * * *
                  (B) establishing and implementing a peer 
                review process for grant applications described 
                in section [4204(b)]4504(b) (including 
                consultation with the Governor and other State 
                agencies [responsible for administering youth 
                development programs and adult learning 
                activities]as applicable); and
                  [supervising the awarding of funds to 
                eligible entities (in consultation with the 
                Governor and other State agencies responsible 
                for administering youth development programs 
                and adult learning activities).]
                  (C) supervising the awarding of funds to 
                eligible entities (in consultation with the 
                Governor and other State agencies responsible 
                for administering youth development programs 
                and adult learning activities).
          (3) State activities.--* * *
                  (A) Monitoring and comprehensive evaluation 
                (directly, or through a grant or contract) of 
                the effectiveness of programs and activities 
                assisted under this part.
                  [(B) Providing capacity building, training, 
                and technical assistance under this part.]
                  (B) Providing capacity building, training, 
                professional development, and technical 
                assistance under this part to eligible 
                entities, relating to activities such as--
                          (i) coordinating activities carried 
                        out under this part with other Federal, 
                        State, and local programs so as to 
                        implement high-quality programs; and
                          (ii) aligning activities carried out 
                        under this part with State academic 
                        content standards.
                  [(C) Comprehensive evaluation (directly, or 
                through a grant or contract) of the 
                effectiveness of programs and activities 
                assisted under this part.
                  [(D) Providing training and technical 
                assistance to eligible entities who are 
                applicants for or recipients of awards under 
                this part.]

SEC. [4203]4503. STATE APPLICATION.

  (a) In General.--In order to receive an allotment under 
section [4202]4502 for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
          (1) * * *

           *       *       *       *       *       *       *

          (2) describes how the State educational agency will 
        use funds received under this part, including funds 
        reserved for State-level activities;
          (3) contains an assurance that the State educational 
        agency will make awards under this part only to 
        eligible entities that propose to [serve--
                  [(A) students who primarily attend--
                          [(i) schools eligible for schoolwide 
                        programs under section 1114; or
                          [(ii) schools that serve a high 
                        percentage of students from low-income 
                        families; and
                  [(B) the families of students described in 
                subparagraph (A)]serve students who primarily 
                attend high-need schools and schools that are 
                identified through a State's accountability and 
                improvement system under subsection (b) or 
                (c)(2) of section 1116;
          (4) describes the State's rigorous, high-quality 
        competition for grants under section 4204, including 
        the procedures and criteria the State educational 
        agency will use for reviewing applications and awarding 
        funds to eligible entities on a competitive basis[, 
        which shall include procedures and criteria that take 
        into consideration the likelihood that a proposed 
        community learning center will help participating 
        students meet local content and student academic 
        achievement standards];
          [(5) describes how the State educational agency will 
        ensure that awards made under this part are--
                  [(A) of sufficient size and scope to support 
                high-quality, effective programs that are 
                consistent with the purpose of this part; and
                  [(B) in amounts that are consistent with 
                section 4204(h);]
          (5) describes how the State educational agency will 
        ensure that awards made under this part are of 
        sufficient size and scope to support high-quality, 
        effective programs that are consistent with the purpose 
        of this part;
          (6) * * *
          [(7) describes how programs under this part will be 
        coordinated with programs under this Act, and other 
        programs as appropriate;]
          (7) describes how the State educational agency will 
        assist eligible entities in coordinating funds received 
        through the grant with other funding streams, in order 
        to support a coherent and sustainable approach to 
        funding and implementing programs and activities under 
        this part and other programs under this Act;
          (8) contains an assurance that the State educational 
        agency--
                  (A) will make awards for programs for a 
                period of [not less than 3 years and not more 
                than 5 years]not more than 3 years, and may 
                extend a grant for an additional period of not 
                more than 2 years if the eligible entity is 
                achieving the intended outcomes of the grant; 
                and
                  (B) * * *
          (9) * * *
          (10) contains an assurance that the State educational 
        agency will require eligible entities to describe in 
        their applications under section [4204(b)]4504(b) how 
        the transportation needs, if any, of participating 
        students will be addressed;
          (11) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials, including the chief State 
        school officer, and other State agencies administering 
        [before and after school (or summer school) programs, 
        the heads of the State health and mental health 
        agencies or their designees,]before school, after 
        school, summer learning, and expanded learning time 
        programs and initiatives, and representatives of 
        teachers, parents, students, the business community, 
        and community-based organizations;
          (12) describes the results of the State's needs and 
        resources assessment for [before and after 
        school]before school, after school, summer learning, 
        and expanded learning time activities, which shall be 
        based on the results of on-going State evaluation 
        activities;
          (13) describes how the State educational agency will 
        evaluate, on a regular basis, and not less than every 3 
        years after the receipt of the grant the effectiveness 
        of programs and activities carried out under this part, 
        which shall include, at a minimum--
                  [(A) a description of the performance 
                indicators and performance measures that will 
                be used to evaluate programs and activities; 
                and]
                  (A) a description of the benchmarks and 
                performance goals that will be used to hold 
                eligible entities accountable and to determine 
                whether to provide eligible entities receiving 
                a grant under section 4504 with an additional 
                2-year period of grant funding after the 
                initial 3-year grant; and
                  (B) public dissemination of the evaluations 
                of programs and activities carried out under 
                this part; [and]
          (14) provides for timely public notice of intent to 
        file an application and an assurance that the 
        application will be available for public review after 
        submission[.]; and
                  (15) contains an assurance that each eligible 
                entity that applies for an award under section 
                4504 shall have the flexibility to apply for 
                funds to carry out programs described in 
                subparagraph (A), (B), or (C) of section 
                4501(b)(1).
  (b) Deemed Approval.--* * *

           *       *       *       *       *       *       *


SEC. [4204]4504. LOCAL COMPETITIVE GRANT PROGRAM.

  (a) In General.--A State that receives funds under this part 
for a fiscal year shall provide the amount made available under 
section [4202(c)(1)]4502(c)(1) to eligible entities for 
community learning centers in accordance with this part.
  (b) Application.--
          (1) In general.--* * *
          (2) Contents.--Each application submitted under 
        paragraph (1) shall include--
                  [(A) a description of the before and after 
                school or summer recess activities to be 
                funded, including--
                          [(i) an assurance that the program 
                        will take place in a safe and easily 
                        accessible facility;
                          [(ii) a description of how students 
                        participating in the program carried 
                        out by the community learning center 
                        will travel safely to and from the 
                        center and home; and
                          [(iii) a description of how the 
                        eligible entity will disseminate 
                        information about the community 
                        learning center (including its 
                        location) to the community in a manner 
                        that is understandable and accessible;]
                  (A) a description of the before school, after 
                school, summer learning, or expanded learning 
                time activities to be funded, including--
                          (i) evidence that research-based 
                        strategies for student achievement and 
                        engagement will be utilized in the 
                        program;
                          (ii) as applicable, an explanation of 
                        how the program will offer students--
                                  (I) academic instruction that 
                                is aligned with the academic 
                                needs of the students; and
                                  (II) engaging enrichment 
                                activities that are aligned 
                                with the developmental needs 
                                and interests of the students, 
                                and that contribute to a well-
                                rounded education;
                          (iii) an assurance that the program 
                        will take place in a safe learning 
                        environment and an easily accessible 
                        facility;
                          (iv) if applicable, a description of 
                        how students participating in the 
                        program will travel safely to and from 
                        home; and
                          (v) a description of how the eligible 
                        entity will disseminate information 
                        about the program to the community in a 
                        manner that is understandable and 
                        accessible;
                  (B) a description of how the 
                [activity]program is expected to improve 
                student academic achievement and help keep 
                students on track to college and career 
                readiness;
                  (C) * * *

           *       *       *       *       *       *       *

                  [(E) a description of how the activities will 
                meet the principles of effectiveness described 
                in section 4205(b);]
                  (E) as applicable, an explanation of how the 
                program will offer students--
                          (i) academic instruction that is 
                        aligned with the academic needs of the 
                        students; and
                          (ii) engaging enrichment activities 
                        that are aligned with the developmental 
                        needs and interests of the students, 
                        and that contribute to a well-rounded 
                        education;
                  (F) an assurance that the program will 
                primarily target students who attend [schools 
                eligible for schoolwide programs under section 
                1114 and the families of such students]high-
                need schools and schools that are identified 
                through a State's accountability and 
                improvement system under subsections (b) or 
                (c)(2) of section 1116;
                  (G) * * *
                  [(H) a description of the partnership between 
                a local educational agency, a community-based 
                organization, and another public entity or 
                private entity, if appropriate;]
                  (H) a description of the capacity of the 
                eligible entity partners described in section 
                4501(b)(2)(A)(ii) to successfully implement the 
                program, including the quality and experience 
                of the management team of such partners;
                  (I) an evaluation of the community needs and 
                available resources for the community learning 
                center and a description of how the program 
                proposed to be carried out [in the center]will 
                address those needs [(including the needs of 
                working families)];
                  [(J) a demonstration that the eligible entity 
                has experience, or promise of success, in 
                providing educational and related activities 
                that will complement and enhance the academic 
                performance, achievement, and positive youth 
                development of the students;]
                  (J) a description of the education and 
                training activities that program staff and 
                teachers, as applicable, have received or will 
                receive to effectively administer the proposed 
                program;
                  (K) * * *
                  [(L) an assurance that the community will be 
                given notice of an intent to submit an 
                application and that the application and any 
                waiver request will be available for public 
                review after submission of the application;
                  [(M) if the eligible entity plans to use 
                senior volunteers in activities carried out 
                through the community learning center, a 
                description of how the eligible entity will 
                encourage and use appropriately qualified 
                seniors to serve as the volunteers; and]
                  [(N)](L) such other information and 
                assurances as the State educational agency may 
                reasonably require.
  (c) Approval of Certain Applications.--* * *
  [(d) Permissive Local Match.--
          [(1) In general.--A State educational agency may 
        require an eligible entity to match funds awarded under 
        this part, except that such match may not exceed the 
        amount of the grant award and may not be derived from 
        other Federal or State funds.
          [(2) Sliding scale.--The amount of a match under 
        paragraph (1) shall be established based on a sliding 
        fee scale that takes into account--
                  [(A) the relative poverty of the population 
                to be targeted by the eligible entity; and
                  [(B) the ability of the eligible entity to 
                obtain such matching funds.
          [(3) In-kind contributions.--Each State educational 
        agency that requires an eligible entity to match funds 
        under this subsection shall permit the eligible entity 
        to provide all or any portion of such match in the form 
        of in-kind contributions.
          [(4) Consideration.--Notwithstanding this subsection, 
        a State educational agency shall not consider an 
        eligible entity's ability to match funds when 
        determining which eligible entities will receive awards 
        under this part.]
  [(e)](d) Peer Review.--In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality of such 
applications.
  [(f)](e) Geographic Diversity.--To the extent practicable, a 
State educational agency shall distribute funds under this part 
equitably among geographic areas within the State, including 
urban and rural communities.
  [(g)](f) Duration of Awards.--Grants under this part may be 
awarded for a period of [not less than 3 years and not more 
than 5 years]not more than 3 years, and may be extended for an 
additional period of not more than 2 years, if an eligible 
entity is achieving the intended outcomes of the grant.
  [(h) Amount of Awards.--A grant awarded under this part may 
not be made in an amount that is less than $50,000.]
  [(i)](g) Priority.--
          [(1) In general.--In awarding grants under this part, 
        a State educational agency shall give priority to 
        applications--
                  [(A) proposing to target services to students 
                who attend schools that have been identified as 
                in need of improvement under section 1116; and
                  [(B) submitted jointly by eligible entities 
                consisting of not less than 1--
                          [(i) local educational agency 
                        receiving funds under part A of title 
                        I; and
                          [(ii) community-based organization or 
                        other public or private entity.
          [(2) Special rule.--The State educational agency 
        shall provide the same priority under paragraph (1) to 
        an application submitted by a local educational agency 
        if the local educational agency demonstrates that it is 
        unable to partner with a community-based organization 
        in reasonable geographic proximity and of sufficient 
        quality to meet the requirements of this part.]
  (g) Priority.--
          (1) In general.--In awarding grants under this part, 
        a State educational agency shall give priority to high-
        quality applications that--
                  (A) are based on strong research evidence for 
                improving student learning, as measured by 
                student achievement and other measures of 
                student learning and development that are 
                appropriate for, and aligned to, the program's 
                goals and design;
                  (B) propose to serve the highest percentage 
                of students from low-income families;
                  (C) include a partnership agreement, signed 
                by each partner of the eligible entity, that--
                          (i) shows that the staff of each 
                        partner are committed to work 
                        collaboratively to implement the 
                        proposed activities, including through 
                        coordinated planning, collaborative 
                        implementation, and joint professional 
                        development and training opportunities;
                          (ii) sets clear expectations, 
                        including measurable goals for each 
                        partner;
                          (iii) requires the collection and 
                        reporting of data about the outcomes of 
                        programs funded under this part, in 
                        order to monitor progress toward 
                        achieving such goals and inform 
                        implementation; and
                          (iv) specifies how student 
                        information will be shared to advance 
                        the goals of the proposed program and 
                        activities, including student academic 
                        achievement and engagement data, as 
                        appropriate and in accordance with 
                        Federal, State, and local laws; and
                  (D) are submitted by eligible entities that 
                will provide matching funds to carry out the 
                activities supported by the grant, as described 
                in paragraph (2).
          (2) Matching funds.--
                  (A) Amount of matching funds.--In awarding 
                grants under this section, a State educational 
                agency shall give priority to applications from 
                eligible entities that, in addition to meeting 
                the requirements of paragraph (1), provide 
                matching funds in an amount not less than--
                          (i) for the first year of an initial 
                        grant under this section, 10 percent of 
                        the cost of the activities;
                          (ii) for the second year of such 
                        grant, 20 percent of the cost of the 
                        activities;
                          (iii) for the third year of such 
                        grant, and for the first year of a 
                        subsequent grant under this section, 30 
                        percent of the cost of the activities; 
                        and
                          (iv) for the second or any succeeding 
                        year of such subsequent grant, 40 
                        percent of the cost of the activities.
                  (B) Cash or in-kind.--The eligible entity may 
                provide the matching funds described in 
                subparagraph (A) in cash or in-kind, fairly 
                evaluated, including plant, equipment, or 
                services, but may not provide more than 50 
                percent of the matching funds in-kind.
                  (C) Waiver.--A State educational agency may 
                waive all or part of the matching requirement 
                for priority described in this paragraph, on a 
                case-by-case basis, upon a showing of serious 
                financial hardship.
  (h) Special Rule.--In implementing 21st Century Community 
Learning Centers, the Department shall not give priority to, 
show preference for, or provide direction about whether 
communities use 21st Century Community Learning Centers funds 
for eligible entities described in subparagraph (A), (B), or 
(C) of section 4501(b)(1).

SEC. [4205]4505. LOCAL ACTIVITIES.

  (a) Authorized Activities.--Each eligible entity that 
receives an award under this part may use the award funds to 
carry out a broad array of [before and after school activities 
(including during summer recess periods)]before school, after 
school, summer learning, or expanded learning time activities 
that advance student academic achievement, including--
          (1) high-quality expanded learning time programs or 
        initiatives;
          [(1)](2) * * *
          [(2)](3) * * *
          [(3)](4) * * *
          [(4)](5) * * *
          [(5)](6) tutoring services [(including those provided 
        by senior citizen volunteers)]and mentoring programs;
          [(6)](7) programs that provide after school 
        activities for [limited English proficient 
        students]English learners that emphasize language 
        skills and academic achievement;
          [(7)](8) * * *
          [(8)](9) * * *
          [(9)](10) * * *
          [(10)](11) * * *
          [(11)](12) * * *
          [(12)](13) * * *
  [(b) Principles of Effectiveness.--
          [(1) In general.--For a program or activity developed 
        pursuant to this part to meet the principles of 
        effectiveness, such program or activity shall--
                  [(A) be based upon an assessment of objective 
                data regarding the need for before and after 
                school programs (including during summer recess 
                periods) and activities in the schools and 
                communities;
                  [(B) be based upon an established set of 
                performance measures aimed at ensuring the 
                availability of high quality academic 
                enrichment opportunities; and
                  [(C) if appropriate, be based upon 
                scientifically based research that provides 
                evidence that the program or activity will help 
                students meet the State and local student 
                academic achievement standards.
          [(2) Periodic evaluation.--
                  [(A) In general.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward achieving its goal of 
                providing high quality opportunities for 
                academic enrichment.
                  [(B) Use of results.--The results of 
                evaluations under subparagraph (A) shall be--
                          [(i) used to refine, improve, and 
                        strengthen the program or activity, and 
                        to refine the performance measures; and
                          [(ii) made available to the public 
                        upon request, with public notice of 
                        such availability provided.]
  (b) Performance Indicators.--Each State educational agency 
that receives a grant under this part shall collect, and 
annually report to the Secretary, information on the following 
performance indicators, disaggregated, as appropriate, by the 
subgroups described in section 1111(a)(2)(B)(ix):
          (1) The average time added to the school day, school 
        week, or school year, if applicable.
          (2) Student participation and attendance rates for 
        the programs funded under this part.
          (3) Student achievement in core academic subjects and 
        high school graduation rates, as applicable, for 
        students who participate in such programs.

[SEC. 4206. [20 U.S.C. 7176] AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated--
          [(1) $1,250,000,000 for fiscal year 2002;
          [(2) $1,500,000,000 for fiscal year 2003;
          [(3) $1,750,000,000 for fiscal year 2004;
          [(4) $2,000,000,000 for fiscal year 2005;
          [(5) $2,250,000,000 for fiscal year 2006; and
          [(6) $2,500,000,000 for fiscal year 2007.]

           *       *       *       *       *       *       *


                     PART F--PROMISE NEIGHBORHOODS

SEC. 4601. SHORT TITLE.

  This part may be cited as the ``Promise Neighborhoods Act of 
2011''.

SEC. 4602. PURPOSE.

  The purpose of this part is to significantly improve academic 
outcomes, including school readiness, high school graduation, 
and college and career readiness of children living in our 
Nation's most distressed neighborhoods, by using data-driven 
decisionmaking and existing external resources to provide 
children in such neighborhoods with access to a community-based 
continuum of high-quality pipeline services that include access 
to early learning opportunities, high-quality schools, and 
evidence-based practices that address the needs of such 
children from birth through college and career.

SEC. 4603. DEFINITIONS.

  In this part:
          (1) College and career readiness.--The term ``college 
        and career readiness'' means the level of preparation a 
        student needs in order to meet the State academic 
        content and achievement standards under section 
        1111(a)(1).
          (2) Community of practice.--The term ``community of 
        practice'' means a group of entities that interact 
        regularly to share best practices to address 1 or more 
        persistent problems, or improve practice with respect 
        to such problems, in 1 or more neighborhoods.
          (3) Expanded learning time.--The term ``expanded 
        learning time'' means the activities and programs 
        described in subparagraphs (A), (B), and (C) of section 
        4501(b)(1).
          (4) Family and student supports.--The term ``family 
        and student supports'' includes--
                  (A) health programs (including both mental 
                health and physical health services);
                  (B) school-, public-, and child-safety 
                programs;
                  (C) programs that improve family stability;
                  (D) workforce development programs (including 
                those that meet local business needs, such as 
                internships and externships);
                  (E) social service programs;
                  (F) legal aid programs;
                  (G) financial literacy education programs;
                  (H) adult education and family literacy 
                programs;
                  (I) parent, family, and community engagement 
                programs; and
                  (J) programs that increase access to learning 
                technology and enhance the digital literacy 
                skills of students.
          (5) Integrated student supports.--The term 
        ``integrated student supports'' means services, 
        supports, and community resources, which shall be 
        offered through a site coordinator for at-risk 
        students, that have been shown by evidence-based 
        research--
                  (A) to increase academic achievement and 
                engagement;
                  (B) to support positive child and youth 
                development; and
                  (C) to increase student preparedness for 
                success in college and the workforce.
          (6) Neighborhood.--The term ``neighborhood'' means a 
        defined geographical area in which there are multiple 
        signs of distress, demonstrated by indicators of need, 
        including poverty, childhood obesity rates, academic 
        failure, and rates of juvenile delinquency, 
        adjudication, or incarceration.
          (7) Pipeline services.--The term ``pipeline 
        services'' means a continuum of supports and services 
        for children from birth through college entry, college 
        success, and career attainment, including, at a 
        minimum, strategies to address through services or 
        programs (including integrated student supports and 
        wraparound services) the following:
                  (A) Prenatal education and support for 
                expectant parents.
                  (B) High-quality early learning 
                opportunities.
                  (C) High-quality schools and out-of-school-
                time programs and strategies.
                  (D) Support for a child's transition to 
                elementary school, between elementary school to 
                middle school, from middle school to high 
                school, and from high school into and through 
                college and into the workforce.
                  (E) Parent, family, and community engagement.
                  (F) Parent, family, and student supports.
                  (G) Activities that support college and 
                career readiness, including coordination 
                between such activities, such as--
                          (i) assistance with college 
                        admissions, financial aid, and 
                        scholarship applications, especially 
                        for low-income and low-achieving 
                        students; and
                          (ii) career preparation services and 
                        supports and wrap around services.

           Subpart 1--Promise Neighborhood Partnership Grants

SEC. 4611. PROGRAM AUTHORIZED.

  (a) In General.--
          (1) Program authorized.--From amounts appropriated to 
        carry out this subpart, the Secretary shall award 
        grants, on a competitive basis, to eligible entities to 
        implement a comprehensive, evidence-based continuum of 
        coordinated services and supports that engages 
        community partners to improve academic achievement, 
        student development, and college and career readiness, 
        measured by common outcomes, by carrying out the 
        activities described in section 4614 in neighborhoods 
        with high concentrations of low-income individuals and 
        persistently low-achieving schools or schools with an 
        achievement gap.
          (2) Sufficient size and scope.--Each grant awarded 
        under this subpart shall be of sufficient size and 
        scope to allow the eligible entity to carry out the 
        purpose of this part.
  (b) Duration.--Grants awarded under this subpart shall be for 
a period of not more than 5 years and may be renewed for not 
more than 1 additional grant period.
  (c) Continued Funding.--Continued funding after the third 
year of the grant period shall be contingent on the eligible 
entity's progress toward meeting the performance metrics 
described in section 4616(a).
  (d) Matching Requirement.--Each eligible entity receiving a 
grant under this subpart shall contribute matching funds in an 
amount equal to not less than 100 percent of the amount of the 
grant. Such matching funds shall come from non-Federal sources. 
The Secretary shall require that a portion of such matching 
funds come from private sources.
  (e) Financial Hardship Waiver.--The Secretary may waive or 
reduce, on a case-by-case basis, the matching requirement 
described in subsection (d), for a period of 1 year at a time, 
if the eligible entity demonstrates significant financial 
hardship.

SEC. 4612. ELIGIBLE ENTITIES.

  In this subpart, the term ``eligible entity'' means not less 
than 1 nonprofit entity in partnership with not less than 1 
high-need local educational agency. Such partnership may also 
include any of the following entities:
          (1) A charter school funded by the Bureau of Indian 
        Education that is not a local educational agency, 
        except that such school shall not be the fiscal agent 
        for the eligible entity partnership.
          (2) An institution of higher education, as defined in 
        section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
          (3) The office of a chief elected official of a unit 
        of local government.
          (4) An Indian tribe or tribal organization, as 
        defined under section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).

SEC. 4613. APPLICATION REQUIREMENTS.

  (a) In General.--To be eligible to receive a grant under this 
subpart, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
  (b) Contents of Application.--At a minimum, an application 
described in subsection (a) shall include the following:
          (1) A plan to significantly improve the academic 
        outcomes of children living in a neighborhood that is 
        served by the eligible entity, by providing a continuum 
        of services and supports that addresses the needs of 
        children in the neighborhood, as identified by the 
        needs analysis described in paragraph (4) and supported 
        by evidence-based practices.
          (2) A description of the neighborhood that the 
        eligible entity will serve.
          (3) Measurable annual goals for the outcomes of the 
        grant, including--
                  (A) performance goals, in accordance with the 
                metrics described in section 4616(a), for each 
                year of the grant; and
                  (B) projected participation rates and any 
                plans to expand the number of children served 
                or the neighborhood proposed to be served by 
                the grant program.
          (4) An analysis of the needs and assets of the 
        neighborhood identified in paragraph (2), including--
                  (A) a description of the process through 
                which the needs analysis was produced, 
                including a description of how parents, family, 
                and community members were engaged in such 
                analysis;
                  (B) an analysis of community assets, 
                including programs already provided from 
                Federal and non-Federal sources, within, or 
                accessible to, the neighborhood, including, at 
                a minimum--
                          (i) early learning programs, 
                        including high-quality child care, 
                        Early Head Start programs, Head Start 
                        programs, and prekindergarten programs;
                          (ii) the availability of healthy food 
                        options and opportunities for physical 
                        activity;
                          (iii) existing family and student 
                        supports;
                          (iv) locally owned businesses and 
                        employers; and
                          (v) institutions of higher education;
                  (C) evidence of successful collaboration 
                within the neighborhood;
                  (D) the steps that the eligible entity is 
                taking, at the time of the application, to 
                address the needs identified in the needs 
                analysis; and
                  (E) any barriers the eligible entity, public 
                agencies, and other community-based 
                organizations have faced in meeting such needs.
          (5) A description of the data used to identify the 
        pipeline services to be provided, including data 
        regarding--
                  (A) school readiness;
                  (B) academic achievement and college and 
                career readiness;
                  (C) graduation rates;
                  (D) health indicators;
                  (E) college enrollment, persistence, and 
                completion rates, as available; and
                  (F) conditions for learning, including school 
                climate surveys, discipline rates, and student 
                attendance and incident data.
          (6) A description of the process used to develop the 
        application, including the involvement of family and 
        community members.
          (7) An estimate of--
                  (A) the number of children, by age, who will 
                be served by each pipeline service; and
                  (B) for each age group, the percentage of 
                children (of such age group), within the 
                neighborhood, who the eligible entity proposes 
                to serve, disaggregated by each service, and 
                the goals for increasing such percentage over 
                time.
          (8) A description of how the pipeline services will 
        facilitate the coordination of the following 
        activities:
                  (A) Providing high-quality early learning 
                opportunities for children, beginning 
                prenatally and extending through grade 3, by--
                          (i) supporting high-quality early 
                        learning opportunities that provide 
                        children with access to programs that 
                        support the cognitive and developmental 
                        skills, including social and emotional 
                        skills, needed for success in 
                        elementary school;
                          (ii) providing for opportunities, 
                        through parenting classes, baby 
                        academies, home visits, or other 
                        evidence-based strategies, for families 
                        and expectant parents to--
                                  (I) acquire the skills to 
                                promote early learning, 
                                development, and health and 
                                safety, including learning 
                                about child development and 
                                positive discipline strategies 
                                (such as through the use of 
                                technology and public media 
                                programming);
                                  (II) learn about the role of 
                                families and expectant parents 
                                in their child's education; and
                                  (III) become informed about 
                                educational opportunities for 
                                their children, including 
                                differences in quality among 
                                early learning opportunities;
                          (iii) ensuring successful transitions 
                        between early learning programs and 
                        elementary school, including through 
                        the establishment of memoranda of 
                        understanding between early learning 
                        providers and local educational 
                        agencies serving young children and 
                        families;
                          (iv) ensuring appropriate screening, 
                        diagnostic assessments, and referrals 
                        for children with disabilities, 
                        developmental delays, or other special 
                        needs, consistent with the Individuals 
                        with Disabilities Education Act (20 
                        U.S.C. 1400 et seq.), where applicable;
                          (v) improving the early learning 
                        workforce in the community, including 
                        through--
                                  (I) investments in the 
                                recruitment, retention, 
                                distribution, and support of 
                                high-quality professionals, 
                                especially those with 
                                certification and experience in 
                                child development;
                                  (II) the provision of high-
                                quality teacher preparation and 
                                professional development; or
                                  (III) the use of joint 
                                professional development for 
                                early learning providers and 
                                elementary school teachers and 
                                administrators; and
                          (vi) enhancing data systems and data 
                        sharing among the eligible entity, 
                        partners, early learning providers, 
                        schools, and local educational agencies 
                        operating in the neighborhood.
                  (B) Supporting, enhancing, operating, or 
                expanding rigorous and comprehensive education 
                reforms designed to significantly improve 
                educational outcomes for children and youth in 
                early learning programs through grade 12, which 
                may include--
                          (i) operating schools or working in 
                        close collaboration with local schools 
                        to provide high-quality academic 
                        programs, curricula, and integrated 
                        student supports;
                          (ii) providing expanded learning 
                        time; and
                          (iii) providing programs and 
                        activities that ensure that students--
                                  (I) are prepared for the 
                                college admissions, 
                                scholarship, and financial aid 
                                application processes; and
                                  (II) graduate college and 
                                career ready.
                  (C) Supporting access to a healthy lifestyle, 
                which may include--
                          (i) the provision of high-quality and 
                        nutritious meals;
                          (ii) access to programs that promote 
                        physical activity, physical education, 
                        and fitness; and
                          (iii) education to promote a healthy 
                        lifestyle and positive body image.
                  (D) Providing social, health, and mental 
                health services and supports, including 
                referrals for essential care and preventative 
                screenings, for children, family, and community 
                members, which may include--
                          (i) dental services;
                          (ii) vision care; and
                          (iii) speech, language, and auditory 
                        screenings and referrals.
                  (E) Supporting students and family members as 
                the students transition from early learning 
                programs into elementary school, from 
                elementary school to middle school, from middle 
                school to high school, from high school into 
                and through college and into the workforce, 
                including through evidence-based strategies to 
                address challenges that students may face as 
                they transition, such as the following:
                          (i) Early college high schools.
                          (ii) Dual enrollment programs.
                          (iii) Career academies.
                          (iv) Counseling and support services.
                          (v) Dropout prevention and recovery 
                        strategies.
                          (vi) Collaboration with the juvenile 
                        justice system and reentry counseling 
                        for adjudicated youth.
                          (vii) Advanced Placement or 
                        International Baccalaureate courses.
                          (viii) Teen parent classrooms.
                          (ix) Graduation and career coaches.
          (9) A description of the strategies that will be used 
        to provide pipeline services (including a description 
        of the process used to identify such strategies and the 
        outcomes expected and a description of which programs 
        and services will be provided to children, family 
        members, community members, and children not attending 
        schools or programs operated by the eligible entity or 
        its partner providers) to support the purpose of this 
        part.
          (10) An explanation of the process the eligible 
        entity will use to establish and maintain family and 
        community engagement.
          (11) An explanation of how the eligible entity will 
        continuously evaluate and improve the continuum of 
        high-quality pipeline services, including--
                  (A) a description of the metrics, consistent 
                with section 4616(a), that will be used to 
                inform each component of the pipeline; and
                  (B) the processes for using data to improve 
                instruction, optimize integrated student 
                supports, provide for continuous program 
                improvement, and hold staff and partner 
                organizations accountable.
          (12) An identification of the fiscal agent, which may 
        be any entity described in section 4612 (not including 
        paragraph (1) of such section).
          (13) A list of the non-Federal sources of funding 
        that the eligible entity will secure to comply with the 
        matching funds requirement described in section 
        4611(d), in addition to other programs from which the 
        eligible entity has already secured funding, including 
        those funded by the Department or programs in the 
        Department of Health and Human Services, the Department 
        of Housing and Urban Development, the Department of 
        Justice, or the Department of Labor.
  (c) Memorandum of Understanding.--An eligible entity, as part 
of the application described in this section, shall submit a 
preliminary memorandum of understanding, signed by each partner 
entity or agency. The preliminary memorandum of understanding 
shall describe, at a minimum--
          (1) each partner's financial and programmatic 
        commitment with respect to the strategies described in 
        the application, including an identification of the 
        fiscal agent;
          (2) each partner's long-term commitment to providing 
        pipeline services that, at a minimum, accounts for the 
        cost of supporting the continuum of supports and 
        services (including a plan for how to support services 
        and activities after grant funds are no longer 
        available) and potential changes in local government;
          (3) each partner's mission and the plan that will 
        govern the work that the partners do together;
          (4) each partner's long-term commitment to supporting 
        the continuum of supports and services through data 
        collection, monitoring, reporting, and sharing; and
          (5) each partner's commitment to ensure sound fiscal 
        management and controls, including evidence of a system 
        of supports and personnel.

SEC. 4614. USE OF FUNDS.

  (a) In General.--Each eligible entity that receives a grant 
under this subpart shall use the grant funds to--
          (1) implement the pipeline services, as described in 
        the application under section 4613; and
          (2) continuously evaluate the success of the program 
        and improve the program based on data and outcomes.
  (b) Special Rules.--
          (1) Funds for pipeline services.--Each eligible 
        entity that receives a grant under this subpart shall, 
        in the second year of the grant and each subsequent 
        year, including each year of a renewal grant, use not 
        less than 80 percent of grant funds to carry out the 
        activities described in subsection (a)(1).
          (2) Operational flexibility.--Each eligible entity 
        that operates a school in a neighborhood served by a 
        grant program under this subpart shall provide such 
        school with the operational flexibility, including 
        autonomy over staff, time, and budget, needed to 
        effectively carry out the activities described in the 
        application under section 4613.

SEC. 4615. REPORT AND PUBLICLY AVAILABLE DATA.

  (a) Report.--Each eligible entity that receives a grant under 
this subpart shall prepare and submit an annual report to the 
Secretary, which shall include--
          (1) information about the number and percentage of 
        children in the neighborhood who are served by the 
        grant program, including a description of the number 
        and percentage of children accessing each of the 
        pipeline services;
          (2) data (disaggregated by the categories described 
        in section 1111(a)(2)(B)(ix)) about the grant program's 
        success in--
                  (A) narrowing achievement gaps and improving 
                student achievement;
                  (B) ensuring school readiness and healthy 
                socio-emotional development;
                  (C) increasing student persistence;
                  (D) increasing student attendance, and 
                decreasing incidences of violence, suspension, 
                and expulsion;
                  (E) improving conditions for learning, as 
                measured by a school climate survey; and
                  (F) increasing secondary school graduation 
                rates and college entry;
          (3) information relating to the performance metrics 
        described in section 4616(a); and
          (4) other indicators that may be required by the 
        Secretary, in consultation with the Director of the 
        Institute of Education Sciences.
  (b) Publicly Available Data.--Each eligible entity that 
receives a grant under this subpart shall make publicly 
available, including through electronic means, the information 
described in subsection (a). To the extent practicable, such 
information shall be provided in a form and language accessible 
to parents and families in the neighborhood, and such 
information shall be a part of statewide longitudinal data 
systems.

SEC. 4616. ACCOUNTABILITY.

  (a) Performance Metrics.--The Secretary shall establish 
performance metrics relevant to the evaluation of the grant 
program under this subpart.
  (b) Evaluation.--The Secretary shall evaluate the 
implementation and impact of the activities funded under this 
subpart, in accordance with section 9601.

                    Subpart 2--Promise School Grants

SEC. 4621. PROGRAM AUTHORIZED.

  (a) In General.--
          (1) Program authorized.--From amounts appropriated to 
        carry out this subpart, the Secretary shall award 
        grants, on a competitive basis, to eligible entities to 
        implement school-centered, evidence-based strategies 
        and integrated student supports that leverage community 
        partnerships to improve student achievement and child 
        and youth development by carrying out the activities 
        described in section 4624 in schools with high 
        concentrations of low-income children.
          (2) Sufficient size and scope.--Each grant awarded 
        under this subpart shall be of sufficient size and 
        scope to allow the eligible entity to carry out the 
        purpose of this part.
  (b) General Provisions.--The requirements of subsections (b), 
(c), (d), and (e) of section 4611 and section 4614(b) shall 
apply to a grant under this subpart in the same manner as such 
subsections apply to a grant under subpart 1, except that the 
performance metrics used for section 4611(c) shall be the 
metrics under section 4626(a).

SEC. 4622. DEFINITION OF ELIGIBLE ENTITY.

  In this subpart, the term ``eligible entity'' means--
          (1) not less than 1 high-need local educational 
        agency (including a charter school that is a local 
        educational agency) in partnership with 1 or more 
        nonprofit entities or institutions of higher education; 
        or
          (2) a school funded by the Bureau of Indian Education 
        that falls under the definition of a local educational 
        agency in partnership with 1 or more nonprofit entities 
        or institutions of higher education.

SEC. 4623. APPLICATION REQUIREMENTS; PRIORITY.

  (a) In General.--To be eligible to receive a grant under this 
subpart, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
  (b) Contents of Application.--At a minimum, the application 
described in subsection (a) shall include the following:
          (1) A description of the local educational agency, 
        schools, and students that will be served by the 
        subgrant program.
          (2) A description of the steps that the eligible 
        entity is taking--
                  (A) to meet the needs identified in the 
                analysis described in paragraph (4); and
                  (B) to remove any barriers that the eligible 
                entity has identified in meeting such needs.
          (3) The designation of a site coordinator, with 
        appropriate qualifications and appropriate time, 
        autonomy, and support to provide--
                  (A) leadership in building relationships and 
                establishing and sustaining partnerships that 
                support school improvement, school turnaround 
                efforts in accordance with section 1116(c), 
                increases in student achievement, positive 
                child and youth development, and parent, 
                family, and community engagement; and
                  (B) effective coordination of student 
                services at all stages of the continuum of 
                high-quality pipeline services.
          (4) An analysis of the needs and assets of the 
        schools and communities that will be assisted under 
        this subpart. Such analysis shall include--
                  (A) student data, including information 
                about--
                          (i) school readiness;
                          (ii) academic achievement;
                          (iii) credit accumulation;
                          (iv) grade-to-grade promotion;
                          (v) graduation;
                          (vi) attendance; and
                          (vii) discipline; and
                  (B) information about the assets described in 
                section 4613(b)(4)(B) with respect to such 
                schools and communities.
          (5) An explanation of how the eligible entity and its 
        program partners will use evidence-based practice, 
        data, and research to leverage partnerships to 
        implement integrated student supports and wraparound 
        services to--
                  (A) address the needs identified in paragraph 
                (4);
                  (B) encourage parents, family members, and 
                community members to--
                          (i) participate in the education of 
                        their children and become an integral 
                        part of the school culture, school 
                        improvement, and decisionmaking; and
                          (ii) promote strategies that include 
                        the educational and financial literacy 
                        information that is necessary to 
                        increase access to, and success in, 
                        postsecondary education;
                  (C) enable teachers and administrators, 
                including early learning providers, to 
                complement and enrich efforts to help 
                children--
                          (i) achieve learning gains;
                          (ii) prepare for graduation; and
                          (iii) plan for the future, including 
                        preparing for college and careers; and
                  (D) coordinate and leverage other programs 
                that serve children, the schools served by the 
                grant, and the neighborhood.
          (6) An explanation of the extent to which the 
        eligible entity and its program partners will serve or 
        involve children residing in the neighborhood 
        regardless of whether such children attend a school 
        served by the grant (including by, as appropriate, 
        providing high-quality early learning opportunities for 
        children, beginning at birth and extending through 
        grade 3) by--
                  (A) carrying out the activities described in 
                section 4613(b)(8)(A), as appropriate; and
                  (B) carrying out the activities described in 
                subparagraphs (B) through (E) of section 
                4613(b)(8).
          (7) A description of the capacity of the eligible 
        entity for measuring student outcomes and school-
        specific outcomes.
          (8) A description of how the strategies supported 
        with funds under this subpart will be--
                  (A) coordinated with other programs and 
                strategies carried out by the local educational 
                agency; and
                  (B) to the greatest extent practicable, 
                coordinated with other agencies, such as 
                agencies that provide reentry services to 
                adjudicated youth.
          (9) A description of the strategy the eligible entity 
        will use to--
                  (A) support family and community engagement; 
                and
                  (B) make schools the centers of their 
                respective communities.
          (10) A list of the non-Federal sources of funding 
        that the eligible entity will secure to comply with the 
        matching funds requirement described in section 
        4611(d), in addition to other programs the eligible 
        entity has already secured funding from, including 
        those funded by the Department, or programs in the 
        Department of Health and Human Services, the Department 
        of Housing and Urban Development, the Department of 
        Justice, or the Department of Labor.
  (c) Memorandum of Understanding.--An eligible entity, as part 
of the application described in this section, shall submit a 
preliminary memorandum of understanding that meets the 
requirements of section 4613(c).
  (d) Priority.--In awarding grants under this subpart, the 
Secretary shall give priority to applicants that--
          (1) propose to provide a continuum of high-quality 
        education and student support services for children 
        beginning in prekindergarten and extending through high 
        school graduation;
          (2) propose to include significant investments in 
        high-quality early learning programs, consistent with 
        subsection (b)(6)(A); and
          (3) provide schools served by the grant with the 
        operational flexibility, including autonomy over staff, 
        time, and budget, needed to effectively carry out the 
        activities described in the application under this 
        section.

SEC. 4624. USE OF FUNDS.

  Each eligible entity that receives a grant under this subpart 
shall use the grant funds to--
          (1) implement the activities described in the 
        application under section 4623; and
          (2) continuously evaluate the success of the grant 
        program and improve the grant program based on data and 
        outcomes.

SEC. 4625. REPORT AND PUBLICLY AVAILABLE DATA.

  (a) Report.--Each eligible entity that receives a grant under 
this subpart shall prepare and submit an annual report to the 
Secretary, which shall include--
          (1) information about the number and percentage of 
        children served by the grant program, disaggregated the 
        subgroups described in section 1111(b)(2)(B)(ix);
          (2) data about the grant program's success in--
                  (A) narrowing achievement gaps;
                  (B) ensuring school readiness and healthy 
                socio-emotional development;
                  (C) improving academic achievement;
                  (D) increasing student persistence in 
                elementary school and secondary school;
                  (E) increasing on-time secondary school 
                graduation rates and college entry; and
                  (F) increasing student attendance and 
                decreasing incidents of violence, suspension, 
                and expulsion; and
          (3) other indicators that may be required by the 
        Secretary, in consultation with the Director of the 
        Institute of Education Sciences.
  (b) Publicly Available Data.--Each eligible entity that 
receives a grant under this subpart shall make publicly 
available, including through electronic means, the information 
described in subsection (a). To the extent practicable, such 
information shall be provided in a form and language accessible 
to parents and families in the neighborhood.

SEC. 4626. ACCOUNTABILITY.

  (a) Performance Metrics.--The Secretary shall establish 
performance metrics relevant to the evaluation of the grant 
program under this subpart.
  (b) Evaluation.--The Secretary shall evaluate the 
implementation and impact of the activities funded under this 
subpart, in accordance with section 9601.

                     Subpart 3--General Provisions

SEC. 4631. NATIONAL ACTIVITIES.

  From the amounts appropriated to carry out this part for a 
fiscal year, in addition to the amounts that may be reserved in 
accordance with section 9601, the Secretary may reserve not 
more than 5 percent for national activities, which may 
include--
          (1) research on the activities carried out under 
        subparts 1 and 2;
          (2) identification and dissemination of best 
        practices;
          (3) technical assistance;
          (4) professional development; and
          (5) other activities consistent with the purpose of 
        this part.

       PART G--PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS

SEC. 4701. PURPOSE.

  The purpose of this part is to increase and enhance parent 
and family engagement in education by--
          (1) providing support and technical assistance to 
        State educational agencies;
          (2) supporting a community of practice related to 
        effective parent and family engagement strategies and 
        practices; and
          (3) as appropriate, providing information and 
        training to local educational agencies, schools, 
        parents and families, and community members.

SEC. 4702. DEFINITION OF ELIGIBLE ENTITY.

  In this part, the term ``eligible entity'' means--
          (1) a nonprofit organization (including a statewide 
        nonprofit organization); or
          (2) a consortium consisting of a nonprofit 
        organization (including a statewide nonprofit 
        organization) and a State educational agency or local 
        educational agency.

SEC. 4703. GRANTS AUTHORIZED.

  (a) Parent and Family Information and Resource Centers.--The 
Secretary is authorized to award grants, on a competitive 
basis, to eligible entities to enable such eligible entities to 
operate State parent and family information and resource 
centers that--
          (1) assist the State educational agency in 
        identifying, implementing, and replicating effective 
        evidence-based parent, family, and community engagement 
        strategies, including assisting the State educational 
        agency in carrying out parent and family engagement 
        strategies that are funded under section 1118 and other 
        provisions of this Act;
          (2) provide technical assistance, training, 
        information, and support, as appropriate (including 
        support in turning around schools), to, at a minimum, 
        high-need schools and schools that are served by high-
        need local educational agencies; and
          (3) strengthen partnerships among parents, family 
        members, community-based organizations (including 
        faith-based organizations), schools, local educational 
        agencies, employers, and other appropriate community 
        members who are committed to improving and enhancing 
        parent, family, and community engagement in order to 
        improve student achievement and support positive child 
        development.
  (b) Duration.--Grants awarded under this part shall be for a 
period of 5 years.
  (c) Geographic Distribution.--In awarding grants under this 
part, the Secretary shall ensure that not less than 1 grant is 
awarded to an eligible entity in each State.
  (d) Priority.--In awarding grants under this part, the 
Secretary shall give priority to applications from eligible 
entities that have a demonstrated record of effectiveness in 
increasing and enhancing the engagement of parents and families 
whose children attend a high-need school or a school that is 
served by a high-need local educational agency.

SEC. 4704. APPLICATIONS.

  (a) Submission.--Each eligible entity that desires a grant 
under this part shall submit an application to the Secretary at 
such time, in such manner, and accompanied by such information 
as the Secretary may require.
  (b) Assurances.--Each application submitted under subsection 
(a) shall include, at a minimum, an assurance that the eligible 
entity will--
          (1)(A) be governed by a board of directors, of which 
        not less than 50 percent is comprised of members who 
        are--
                  (i) parents or family members of school-aged 
                children in the State that the eligible entity 
                serves, including educationally and 
                economically disadvantaged parents; and
                  (ii) community stakeholders who are committed 
                to improving schools and increasing parent and 
                family engagement; or
          (B) be an organization or consortium that represents 
        the interests of parents and family members of school-
        aged children;
          (2) use not less than 75 percent of the funds 
        received under this part for each fiscal year to serve 
        areas with a demonstrated high concentration of low-
        income families;
          (3) reserve not less than 20 percent of the funds 
        received under this part for each fiscal year to 
        establish, expand, or operate parent education programs 
        for parents whose children attend early childhood 
        education and care programs;
          (4) operate a parent and family information and 
        resource center of sufficient size, scope, and quality 
        to effectively carry out the purpose of this part;
          (5) ensure that parents and family members, including 
        economically disadvantaged parents and family members 
        with children who attend high-need schools or schools 
        that are served by high-need local educational 
        agencies, have access to leadership development 
        training and other evidence-based strategies that 
        provide the skills and resources parents and family 
        members need to support school improvement, increase 
        student achievement, and promote positive student 
        development; and
          (6) demonstrate to the Secretary that a portion of 
        the services provided by the eligible entity under the 
        grant is supported through non-Federal contributions, 
        which contributions may be in cash or in-kind.
  (c) Contents.--In addition to the requirements described in 
subsection (b), each application submitted under subsection (a) 
shall, at a minimum--
          (1) describe how the eligible entity will serve both 
        urban and rural areas throughout the State that is 
        served by the eligible entity;
          (2) demonstrate the eligible entity's record of 
        effectiveness in carrying out parent and family 
        engagement activities, including the provision of high-
        quality technical assistance to State educational 
        agencies and local educational agencies;
          (3) describe the process through which the eligible 
        entity will--
                  (A) leverage relationships with, and collect 
                and exchange information among, partners; and
                  (B) disseminate information about evidence-
                based best practices to support parent and 
                family engagement strategies;
          (4) describe the eligible entity's strategy for 
        serving parents and family members of children in the 
        area served by the eligible entity, including parents 
        and family members of students who are served by high-
        need local educational agencies;
          (5) describe how the eligible entity will assist the 
        State educational agency in effectively supporting 
        high-need local educational agencies in--
                  (A) increasing parent and family member 
                understanding of, and opportunities to develop 
                the knowledge and skills to engage as full 
                partners in, supporting academic achievement, 
                child development, and school improvement; and
                  (B) employing evidence-based strategies to--
                          (i) increase the participation of 
                        economically disadvantaged and English 
                        learner parents and family members in 
                        school activities; and
                          (ii) improve parent and family 
                        engagement strategies in low-performing 
                        schools served by high-need local 
                        educational agencies; and
          (6) identify the Federal, State, and local services 
        and programs that prepare children to be ready for 
        institutions of higher education and careers with which 
        the eligible entity will coordinate, including--
                  (A) programs supported under this Act;
                  (B) violence prevention programs;
                  (C) programs that serve at-risk or out-of-
                school youth;
                  (D) nutrition programs;
                  (E) housing programs;
                  (F) Head Start and other early childhood care 
                and education programs;
                  (G) adult education and literacy activities 
                (as defined in section 203 of the Adult 
                Education and Family Literacy Act); and
                  (H) workforce development programs.

SEC. 4705. USES OF FUNDS.

  (a) Required Activities.--Each eligible entity that receives 
a grant under this part shall use such grant funds to provide 
services to parents, family members, educators, and community 
members and to assist State educational agencies, local 
educational agencies, and, where applicable, districtwide 
parent advisory committees in supporting parent and family 
engagement in education by carrying out the following 
activities:
          (1) Providing technical assistance to State 
        educational agencies in--
                  (A) reviewing and responding to local parent 
                and family engagement plans described in 
                section 1118(a) (including, at a minimum, such 
                plans submitted by high-need local educational 
                agencies) in order to support evidence-based 
                strategies and best practices in parent and 
                family engagement;
                  (B) the implementation of Federal and State 
                laws, regulations, and guidance relating to 
                parent and family engagement;
                  (C) the implementation or replication of 
                statewide evidence-based programs and 
                strategies, especially for parents who are 
                educationally and economically disadvantaged; 
                and
                  (D) applicable evaluation, reporting, and 
                accountability processes.
          (2) Obtaining and disseminating information about the 
        range of options, programs, services, and resources 
        (including curricula) that are available at the 
        national level, the State level, and the local level to 
        assist school and local educational agency personnel in 
        implementing evidence-based parent and family 
        engagement strategies.
          (3) Coordinating parent and family engagement 
        strategies with relevant Federal, State, and local 
        services and programs.
          (4) Working with individuals and organizations with 
        expertise in identifying and implementing evidence-
        based practices to improve parent and family 
        engagement.
          (5) Coordinating and integrating early care and 
        education programs with school-age programs, especially 
        those programs focusing on supporting the transition of 
        young children into kindergarten through grade 3, such 
        as by increasing awareness of school readiness 
        expectations among family and community members.
          (6) Implementing parent institutes or other 
        leadership development strategies to ensure that 
        parents and family members have the skills and 
        resources needed to understand student and school data 
        in order to make decisions, effectively communicate 
        with school officials and educators, support school 
        improvement, and increase student achievement.
  (b) Permissive Activities.--In addition to the activities 
required under subsection (a), each eligible entity that 
receives a grant under this part may use such grant funds to 
carry out the following activities:
          (1) Assisting parents and family members in the State 
        to participate effectively in their children's 
        education through the provision of direct services to 
        parents and family members.
          (2) Developing and disseminating templates for 
        schools and local educational agencies to use to 
        provide information about curricula, academic 
        expectations, academic assessments, and the results of 
        academic assessments to family members in a manner and 
        a language that such family members can understand.
          (3) Providing training, information, and support to 
        organizations that support partnerships among schools, 
        parents, family members, and districtwide parent 
        advisory committees, as applicable.
          (4) Providing professional development to school and 
        local educational agency staff (which may be provided 
        jointly to educators and family members) to assist 
        school and agency staff in developing and implementing 
        strategies to increase and strengthen ongoing 
        communication with parents and family members, 
        including professional development opportunities that 
        prepare teachers to have more focused, goal-oriented, 
        and reciprocal parent-teacher conferences.

SEC. 4706. ADMINISTRATIVE PROVISIONS.

  (a) Matching Funds for Grant Renewal.--For each fiscal year 
after the first fiscal year for which an eligible entity 
receives assistance under this part, the eligible entity shall 
demonstrate that a portion of the services provided by the 
eligible entity is supported through non-Federal contributions, 
which contributions may be in cash or in-kind.
  (b) Performance Accountability.--
          (1) Performance indicators.--Each eligible entity 
        receiving a grant under this part shall submit to the 
        Secretary an annual report regarding the parent and 
        family information and resource centers assisted under 
        this part. Such report shall be made publicly 
        available, including through electronic means, and 
        shall include, at a minimum, a description of how each 
        parent and family information and resource center has 
        performed with respect to the following indicators:
                  (A) The number of local educational agencies 
                or other entities that received assistance or 
                support in the previous academic year.
                  (B) The number of parents and family members 
                whose children participated in the previous 
                academic year in programs, activities, or 
                strategies supported by the parent and family 
                information and resource center, and--
                          (i) the number of such parents whose 
                        children are eligible to be counted 
                        under section 1124(c)(1)(A);
                          (ii) the number of such parents whose 
                        children are English learners; and
                          (iii) the number of such parents who 
                        are parents of children with 
                        disabilities.
                  (C) The outcomes directly attributable to the 
                provision of assistance or support provided by 
                the parent and family information and resource 
                center, such as increased parent and family 
                member participation in school planning 
                activities, parent-teacher conferences, or the 
                local educational agency budgeting process.
                  (D) Other evidence-based indicators that the 
                Secretary may reasonably require.
          (2) Performance goals.--
                  (A) In general.--Each eligible entity that is 
                awarded a grant under this part shall 
                establish, in consultation with the Secretary, 
                annual performance goals for each of the 
                indicators described in paragraph (1). Such 
                performance goals shall be made publicly 
                available, including through electronic means.
                  (B) Termination.--If an eligible entity 
                receiving grant funds under this part does not 
                meet the performance goals established under 
                this paragraph for 2 consecutive years, after 
                the provision of technical assistance in the 
                second consecutive year, the Secretary shall 
                terminate the grant and conduct a new 
                competition for the grant.
                  (C) Loss of eligibility.--If an eligible 
                entity has received a grant under this part and 
                such grant has been terminated in accordance 
                with subparagraph (B), the eligible entity 
                shall not be eligible to participate in future 
                grant competitions, or receive grant funds, 
                under this part.
          (3) Technical assistance.--The Secretary shall 
        provide technical assistance to each eligible entity 
        receiving a grant under this part that does not meet 
        the performance goals established under paragraph (2).
  (c) Report to Congress.--The Secretary shall prepare and 
submit an annual report to the authorizing committees, which 
shall--
          (1) include the information that each eligible entity 
        submits to the Secretary in accordance with subsection 
        (b)(1);
          (2) summarize and synthesize the best practices 
        collected by the parent and family information and 
        resource centers for increasing and improving parent, 
        family, and community engagement; and
          (3) be made available to the public (including 
        through electronic means).
  (d) Rule of Construction.--Nothing in this part shall be 
construed to prohibit a parent and family information and 
resource center from--
          (1) allowing its employees or agents to meet with 
        family members at a site that is not on school grounds; 
        or
          (2) working with another public or nonprofit agency 
        that serves children.
  (e) Parental Rights.--Notwithstanding any other provision of 
this part--
          (1) no individual (including a parent who educates a 
        child at home, parent of a public school student, or 
        parent of a private school student) shall be required 
        to participate in any program of parent or family 
        education or developmental screening under this part; 
        and
          (2) a program or center assisted under this part 
        shall not take any action that infringes in any manner 
        on the right of a parent to direct the education of 
        such parent's child.

      [Subpart 3--Ready-to-Learn Television]PART H_READY TO LEARN

SEC. [2431]4801. [READY-TO-LEARN TELEVISION.]READY-TO-LEARN.

  (a) Program Authorized.--
          (1) In general.--The Secretary is authorized to award 
        grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                  (A) to develop, produce, and distribute 
                educational and instructional video programming 
                for preschool and elementary school children 
                and their parents in order to facilitate 
                student academic achievement;
                  (B) to facilitate the development, directly 
                or through contracts with producers of children 
                and family educational television programming, 
                of educational programming for preschool and 
                elementary school children, and the 
                accompanying support materials and services 
                that promote the effective use of such 
                programming;
                  (C) to facilitate the development of 
                programming and digital content containing 
                Ready-to-Learn-based children's programming and 
                resources for parents and caregivers that is 
                specially designed for nationwide distribution 
                over public television stations' digital 
                broadcasting channels and the Internet;
                  (D) to contract with entities (such as public 
                telecommunications entities) so that programs 
                developed under this section are disseminated 
                and distributed to the widest possible audience 
                appropriate to be served by the programming, 
                and through the use of the most appropriate 
                distribution technologies; and
                  (E) to develop and disseminate education and 
                training materials, including interactive 
                programs and programs adaptable to distance 
                learning technologies, that are designed--
                          (i) to promote school readiness; and
                          (ii) to promote the effective use of 
                        materials developed under subparagraphs 
                        (B) and (C) among parents, teachers, 
                        Head Start providers, [Even Start 
                        providers,]providers of [family 
                        literacy services]family literacy 
                        activities, child care providers, early 
                        childhood development personnel, 
                        elementary school teachers, public 
                        libraries, and after-school program 
                        personnel caring for preschool and 
                        elementary school children.
          (2) Availability.--In awarding grants, contracts, or 
        cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities make 
        programming widely available, with support materials as 
        appropriate, to young children, parents, child care 
        workers, Head Start providers, [Even Start 
        providers,]and providers of [family literacy 
        services]family literacy activities to increase the 
        effective use of such programming.
          (3) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreements under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                  (A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                  (B) A capacity to contract with the producers 
                of children's television programming for the 
                purpose of developing educational television 
                programming of high quality.
                  (C) A capacity, consistent with the entity's 
                mission and nonprofit nature, to negotiate such 
                contracts in a manner that returns to the 
                entity an appropriate share of any ancillary 
                income from sales of any program-related 
                products.
                  (D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
          (4) Coordination of activities.--An entity receiving 
        a grant, contract, or cooperative agreement under this 
        section shall consult with the Secretary and the 
        Secretary of Health and Human Services--
                  (A) to maximize the utilization of quality 
                educational programming by preschool and 
                elementary school children, and make such 
                programming widely available to federally 
                funded programs serving such populations; and
                  (B) to coordinate activities with Federal 
                programs that have major training components 
                for early childhood development, including 
                programs under the Head Start Act (42 U.S.C. 
                9831 et seq.) and [Even Start, and]State 
                training activities funded under the Child Care 
                and Development Block Grant Act of 1990 (42 
                U.S.C. 9858 et seq.), regarding the 
                availability and utilization of materials 
                developed under paragraph (1)(E) to enhance 
                parent and child care provider skills in early 
                childhood development and education.
  (b) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under subsection (a), an 
entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require.
  (c) Reports and Evaluations.--
          (1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        the report shall describe the program activities 
        undertaken with funds received under the grant, 
        contract, or cooperative agreement, including each of 
        the following:
                  (A) The programming that has been developed, 
                directly or indirectly, by the eligible entity, 
                and the target population of the programs 
                developed.
                  (B) The support and training materials that 
                have been developed to accompany the 
                programming, and the method by which the 
                materials are distributed to consumers and 
                users of the programming.
                  (C) The means by which programming developed 
                under this section has been distributed, 
                including the distance learning technologies 
                that have been utilized to make programming 
                available, and the geographic distribution 
                achieved through such technologies.
                  (D) The initiatives undertaken by the entity 
                to develop public-private partnerships to 
                secure non-Federal support for the development, 
                distribution, and broadcast of educational and 
                instructional programming.
          (2) Report to congress.--The Secretary shall prepare 
        and submit to the [relevant committees of 
        Congress]authorizing committees a biannual report that 
        includes the following:
                  (A) A summary of the activities assisted 
                under subsection (a).
                  (B) A description of the education and 
                training materials made available under 
                subsection (a)(1)(E), the manner in which 
                outreach has been conducted to inform parents 
                and child care providers of the availability of 
                such materials, and the manner in which such 
                materials have been distributed in accordance 
                with such subsection.
  (d) Administrative Costs.--An entity that receives a grant, 
contract, or cooperative agreement under this section may use 
up to 5 percent of the amount received under the grant, 
contract, or agreement for the normal and customary expenses of 
administering the grant, contract, or agreement.
  [(e) 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 for each of the 
        5 succeeding fiscal years.
          [(2) Funding rule.--Not less than 60 percent of the 
        amount appropriated under paragraph (1) for each fiscal 
        year shall be used to carry out activities under 
        subparagraphs (B) through (D) of subsection (a)(1).]
  (e) Funding Rule.--Not less than 60 percent of the amount 
appropriated to carry out this section for each fiscal year 
shall be used to carry out activities under subparagraphs (B) 
through (D) of subsection (a)(1).

           [Subpart 1--Fund for the Improvement of Education]

               PART I--PROGRAMS OF NATIONAL SIGNIFICANCE

SEC. [5411]4901. 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]college and 
career ready academic content and student academic achievement 
standards under section 1111(a)(1). 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 nonprofit 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.]
  (b) Uses of Funds.--A nonprofit entity receiving a grant 
under subsection (a) shall use the grant funds to carry out 1 
of the following activities:
          (1) Providing funding for economically disadvantaged 
        students, including students from military families and 
        recent immigrants, and their teachers, to participate 
        in programs based in Washington, DC that increase civic 
        responsibility and understanding of the Federal 
        Government among young people.
          (2) Developing, implementing, evaluating, and 
        disseminating innovative, research-based approaches to 
        civic learning, which may include hands-on civic 
        engagement activities, for low-income elementary school 
        and secondary school students that demonstrate 
        innovation, scalability, accountability, and a focus on 
        underserved populations.
          (3) Supporting a national principal and teacher 
        certification process that provides a framework for 
        measuring and improving teaching and instructional 
        leadership with a focus on educators working in schools 
        that are eligible for funding under part A of title I, 
        including comprehensive rigorous teaching standards and 
        assessment systems designed to reward educator 
        effectiveness and deliver high-quality professional 
        development across all academic subjects and grades.
          (4) Creating a national teacher corps of outstanding 
        college graduates to teach in underserved communities 
        in order to--
                  (A) increase the supply of effective teachers 
                in low-income communities; and
                  (B) provide and support the retention of 
                teachers for high-need fields.
          (5) Supporting a national network of providers of 
        high-quality, evidence-based professional development 
        in writing instruction for teachers across all academic 
        subjects and grades.
          (6) Encouraging parents and caregivers to read aloud 
        to their children by supporting programs through which, 
        during pediatric exams, doctors and nurses train 
        parents and caregivers who may not be skilled readers.
          (7) Preparing young children from low-income families 
        for reading success by the third grade by--
                  (A) distributing inexpensive books;
                  (B) training volunteers to serve at-risk 
                children;
                  (C) developing motivational literacy 
                activities for at-risk children; and
                  (D) providing information on literacy 
                resources, such as those provided by local 
                libraries and other community-based 
                organizations.
          (8) Supporting model projects and programs that 
        encourage involvement in the performing and visual 
        arts, for--
                  (A) persons with disabilities, by--
                          (i) increasing access to all forms of 
                        the arts for all persons, including 
                        those living with intellectual, 
                        physical, and sensory disabilities; and
                          (ii) fostering a greater awareness of 
                        the need for arts programs for 
                        individuals with disabilities; and
                  (B) children, youth, and educators.
          (9) Implementing a coordinated program of 
        scientifically based research, demonstration projects, 
        innovative strategies, and professional development for 
        teachers and other instructional leaders working in 
        high-poverty schools to--
                  (A) enhance the ability of educators to meet 
                the special educational needs of gifted and 
                talented students, including high-ability 
                students who have not been formally identified 
                as gifted; and
                  (B) prioritize students who have been 
                underrepresented in gifted education programs, 
                including students who are economically 
                disadvantaged, of minority backgrounds, English 
                learners, students with disabilities, and 
                students in rural communities.
          (10) Promoting gender equity in education by 
        supporting educational agencies and institutions in 
        meeting the requirements of title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.).
          (11) Other high-quality, nationally significant 
        programs that meet the purposes of this Act.
  (c) Basis of Awards.--The Secretary is authorized to--
          (1) make awards under this [subpart]part on the basis 
        of competitions announced by the Secretary; and
          (2) support meritorious unsolicited proposals for 
        awards under this [subpart]part.
  (d) Effectiveness of Programs.--The Secretary shall ensure 
that programs supported under this [subpart]part 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]4902. APPLICATIONS.

  (a) Submission.--To be eligible for an award under this 
[subpart]part, 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]part [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]part for the cost of 
such peer review.

SEC. [5413]4903. PROGRAM REQUIREMENTS.

  (a) Evaluations.--A recipient of an award under this 
[subpart]part shall--
          (1) evaluate the effectiveness of the program funded 
        under the award in achieving the objectives stated in 
        applications submitted under section [5412]4902; 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]part 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]part 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. [20 U.S.C. 7243C] 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.]

           *       *       *       *       *       *       *


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

[SEC. 3001. [20 U.S.C. 6801] AUTHORIZATIONS OF APPROPRIATIONS; 
                    CONDITION ON EFFECTIVENESS OF PARTS.]

  [(a) Authorizations of Appropriations.--
          [(1) In general.--Subject to subsection (b), there 
        are authorized to be appropriated to carry out this 
        title, except for subpart 4 of part B, $750,000,000 for 
        fiscal year 2002 and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
          [(2) Emergency immigrant education program.--There 
        are authorized to be appropriated to carry out subpart 
        4 of part B (when such part is in effect) such sums as 
        may be necessary for fiscal year 2002 and each of the 5 
        succeeding fiscal years.
  [(b) Conditions on Effectiveness of Parts A and B.--
          [(1) Part a.--Part A shall be in effect for any 
        fiscal year for which the amount appropriated under 
        paragraphs (1) and (2) of subsection (a) equals or 
        exceeds $650,000,000.
          [(2) Part b.--Part B shall be in effect only for a 
        fiscal year for which part A is not in effect.
  [(c) References.--In any fiscal year for which part A is in 
effect, references in Federal law (other than this title) to 
part B shall be considered to be references to part A. In any 
fiscal year for which part B is in effect, references in 
Federal law (other than this title) to part A shall be 
considered to be references to part B.]

    PART A--ENGLISH LANGUAGE ACQUISITION, LANGUAGE ENHANCEMENT, AND 
                        ACADEMIC ACHIEVEMENT ACT

SEC. 3101. SHORT TITLE.

  This part may be cited as the ``English Language Acquisition, 
Language Enhancement, and Academic Achievement Act''.

[SEC. 3102. PURPOSES.]

  [The purposes of this part are--
          [(1) to help ensure that children who are limited 
        English proficient, including immigrant children and 
        youth, attain English proficiency, develop high levels 
        of academic attainment in English, and meet the same 
        challenging State academic content and student academic 
        achievement standards as all children are expected to 
        meet;
          [(2) to assist all limited English proficient 
        children, including immigrant children and youth, to 
        achieve at high levels in the core academic subjects so 
        that those children can meet the same challenging State 
        academic content and student academic achievement 
        standards as all children are expected to meet, 
        consistent with section 1111(b)(1);
          [(3) to develop high-quality language instruction 
        educational programs designed to assist State 
        educational agencies, local educational agencies, and 
        schools in teaching limited English proficient children 
        and serving immigrant children and youth;
          [(4) to assist State educational agencies and local 
        educational agencies to develop and enhance their 
        capacity to provide high-quality instructional programs 
        designed to prepare limited English proficient 
        children, including immigrant children and youth, to 
        enter all-English instruction settings;
          [(5) to assist State educational agencies, local 
        educational agencies, and schools to build their 
        capacity to establish, implement, and sustain language 
        instruction educational programs and programs of 
        English language development for limited English 
        proficient children;
          [(6) to promote parental and community participation 
        in language instruction educational programs for the 
        parents and communities of limited English proficient 
        children;
          [(7) to streamline language instruction educational 
        programs into a program carried out through formula 
        grants to State educational agencies and local 
        educational agencies to help limited English proficient 
        children, including immigrant children and youth, 
        develop proficiency in English, while meeting 
        challenging State academic content and student academic 
        achievement standards;
          [(8) to hold State educational agencies, local 
        educational agencies, and schools accountable for 
        increases in English proficiency and core academic 
        content knowledge of limited English proficient 
        children by requiring--
                  [(A) demonstrated improvements in the English 
                proficiency of limited English proficient 
                children each fiscal year; and
                  [(B) adequate yearly progress for limited 
                English proficient children, including 
                immigrant children and youth, as described in 
                section 1111(b)(2)(B); and
          [(9) to provide State educational agencies and local 
        educational agencies with the flexibility to implement 
        language instruction educational programs, based on 
        scientifically based research on teaching limited 
        English proficient children, that the agencies believe 
        to be the most effective for teaching English.]

SEC. 3102. PURPOSES.

  The purposes of this part are--
          (1) to support the provision of education to meet the 
        needs of English learners and immigrant students and 
        provide English learners and immigrant students with 
        high-quality, evidence-based services, which also 
        supplement services and supports provided under title 
        I, to ensure that English learners, including those 
        English learners who are also immigrants, acquire the 
        English language proficiency and academic content 
        knowledge they need to meet the State's college and 
        career ready academic content standards and for State 
        academic assessments;
          (2) to support the efforts of State educational 
        agencies and local educational agencies to enhance 
        their capacity to provide high-quality educational 
        programs that are effective for English learners and 
        that reflect the diversity of the English learner 
        population;
          (3) to support the efforts of teachers, school 
        leaders, State educational agencies, and local 
        educational agencies to develop and enhance the 
        capacity and flexibility needed to--
                  (A) provide evidence-based, linguistically 
                and culturally appropriate services to assist 
                English learners supported under this part in--
                          (i) attaining English language 
                        proficiency; and
                          (ii) meeting State college and career 
                        ready academic content standards;
                  (B) implement such services effectively;
                  (C) evaluate the impact of such services on 
                student English language proficiency and 
                academic content knowledge; and
                  (D) modify such services as appropriate to 
                meet the needs of students;
          (4) to ensure that rigorous and consistent standards, 
        assessments, and State accountability systems are in 
        place for programs serving English learners; and
          (5) to promote parental and community participation 
        in language instruction educational programs in 
        communities for parents of children who are English 
        learners.

 Subpart 1--Grants and Subgrants for English Language Acquisition and 
                          Language Enhancement

SEC. 3111. FORMULA GRANTS TO STATES.

  (a) In General.--* * *
  (b) Use of Funds.--
          (1) Subgrants to eligible entities.--* * *

           *       *       *       *       *       *       *

          [(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 one or more of the following activities:
                  [(A) Professional development activities, and 
                other activities, that assist personnel in 
                meeting State and local certification and 
                licensing requirements for teaching limited 
                English proficient children.
                  [(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 subpart, 
                including assistance in--
                          [(i) identifying and implementing 
                        language instruction educational 
                        programs and curricula that are based 
                        on scientifically based research on 
                        teaching limited English proficient 
                        children;
                          [(ii) helping limited English 
                        proficient children meet the same 
                        challenging State academic content and 
                        student academic achievement standards 
                        as all children are expected to meet;
                          [(iii) identifying or developing, and 
                        implementing, measures of English 
                        proficiency; and
                          [(iv) promoting parental and 
                        community participation in programs 
                        that serve limited English proficient 
                        children.
                  [(D) Providing recognition, which may include 
                providing financial awards, to subgrantees that 
                have exceeded their annual measurable 
                achievement objectives pursuant to section 
                3122.]
          (2) State activities.--
                  (A) In general.--Subject to subparagraph (B), 
                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 provide technical assistance 
                and other forms of assistance to eligible 
                entities that are receiving subgrants from a 
                State educational agency under this subpart, 
                including in--
                          (i) identifying and implementing 
                        effective and high-quality language 
                        instruction educational programs and 
                        curricula and academic content 
                        instruction programs that are based on 
                        scientifically valid research on 
                        teaching English learners;
                          (ii) program evaluation to ensure 
                        that the language instruction 
                        educational programs and academic 
                        content instruction programs selected 
                        by subgrantees are appropriate for the 
                        needs of the English learners served;
                          (iii) teacher and principal 
                        preparation, professional development 
                        activities, and other evidence-based 
                        activities, which may include 
                        activities that--
                                  (I) support the 
                                implementation of professional 
                                teaching standards and teacher 
                                evaluation systems for teachers 
                                of English learners; and
                                  (II) assist such teachers in 
                                meeting State and local 
                                certification and licensing 
                                requirements for teaching 
                                English learners;
                          (iv) strengthening and increasing 
                        parent, family, and community 
                        engagement;
                          (v) developing, enhancing, aligning, 
                        and implementing English language 
                        proficiency standards and assessments, 
                        particularly helping to ensure uniform 
                        implementation of English language 
                        proficiency standards within the State;
                          (vi) providing recognition, which may 
                        include providing financial awards, to 
                        subgrantees that significantly improve 
                        the rate at which English learners 
                        acquire English language proficiency 
                        and are able to demonstrate the English 
                        language proficiency needed for core 
                        content mastery; and
                          (vii) planning, evaluation, 
                        administration, and interagency 
                        coordination.
                  (B) Limitation.--A State may use not more 
                than 40 percent of the amount reserved under 
                subparagraph (A) or $175,000, whichever is 
                greater, for the activities described in 
                subparagraph (A)(vii).
          [(3) Administrative expenses.--From the amount 
        reserved under paragraph (2), a State educational 
        agency may use not more than 60 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 appropriated 
        under section 3001(a) for each fiscal year, the 
        Secretary shall reserve--
                  [(A) 0.5 percent or $5,000,000 of such 
                amount, whichever is greater, for payments to 
                eligible entities that are defined under 
                section 3112(a) for activities, approved by the 
                Secretary, consistent with this subpart;
                  [(B) 0.5 percent of such amount for payments 
                to outlying areas, to be allotted in accordance 
                with their respective needs for assistance 
                under this subpart, as determined by the 
                Secretary, for activities, approved by the 
                Secretary, consistent with this subpart;
                  [(C) 6.5 percent of such amount for national 
                activities under sections 3131 and 3303, except 
                that not more than 0.5 percent of such amount 
                shall be reserved for evaluation activities 
                conducted by the Secretary and 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 3303; 
                and
                  [(D) such sums as may be necessary to make 
                continuation awards under paragraph (2).]
          (1) Reservations.--From the amount appropriated under 
        section 3(i) for each fiscal year, the Secretary shall 
        reserve--
                  (A) 0.5 percent or $5,000,000 of such amount, 
                whichever is greater, for payments to eligible 
                entities that are defined under section 3112(a) 
                for activities, approved by the Secretary, 
                consistent with this subpart;
                  (B) 0.5 percent of such amount for payments 
                to outlying areas, to be allotted in accordance 
                with their respective needs for assistance 
                under this subpart (as determined by the 
                Secretary) for activities that are approved by 
                the Secretary and consistent with the purposes 
                of this subpart; and
                  (C) 6.5 percent of such amount for national 
                activities under sections 3131, 3132, and 3203, 
                except that not more than 0.5 percent of such 
                amount shall be reserved for evaluation 
                activities conducted by the Secretary and 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 3203.
          [(2) Continuation awards.--
                  [(A) In general.--Before making allotments to 
                State educational agencies under paragraph (3) 
                for any fiscal year, the Secretary shall use 
                the sums reserved under paragraph (1)(D) to 
                make continuation awards to recipients who 
                received grants or fellowships for the fiscal 
                year preceding any fiscal year described in 
                section 3001(b)(1)(A) under--
                          [(i) subparts 1 and 3 of part A of 
                        title VII (as in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); or
                          [(ii) subparts 1 and 3 of part B of 
                        this title.
                  [(B) Use of funds.--The Secretary shall make 
                the awards in order to allow such recipients to 
                receive awards for the complete period of their 
                grants or fellowships under the appropriate 
                subparts.]
          [(3)](2) State allotments.--
                  (A) In general.--Except as provided in 
                subparagraph (B), from the amount appropriated 
                under section [3001(a)]3(j) 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 3113(c)--
                          (i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of [limited 
                        English proficient children]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.--* * *
                  [(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 subpart, the Secretary--
                          [(i) shall endeavor to make the 
                        State's allotment available on a 
                        competitive basis to specially 
                        qualified agencies within the State to 
                        satisfy the requirements of section 
                        3115 (and any additional requirements 
                        that the Secretary may impose), 
                        consistent with the purposes of such 
                        section, and to carry out required and 
                        authorized activities under such 
                        section; and
                          [(ii) shall reallot any portion of 
                        such allotment remaining after the 
                        application of clause (i) to the 
                        remaining State educational agencies in 
                        accordance with subparagraph (A).]
                  (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 subpart, 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.--* * *
          [(4)](3) Use of data for determinations.--
                  [(A) In general.--In making State allotments 
                under paragraph (3), for the purpose of 
                determining the number of limited English 
                proficient children in a State and in all 
                States, and the number of immigrant children 
                and youth in a State and in all States, for 
                each fiscal year, the Secretary shall use data 
                that will yield the most accurate, up-to-date 
                numbers of such children and youth.
                  [(B) Special rule.--
                          [(i) First 2 years.--In making 
                        determinations under subparagraph (A) 
                        for the 2 fiscal years following the 
                        date of enactment of the No Child Left 
                        Behind Act of 2001, the Secretary shall 
                        determine the number of limited English 
                        proficient children in a State and in 
                        all States, and the number of immigrant 
                        children and youth in a State and in 
                        all States, using data available from 
                        the Bureau of Census or submitted by 
                        the States to the Secretary.
                          [(ii) Subsequent years.--For 
                        subsequent fiscal years, the Secretary 
                        shall determine the number of limited 
                        English proficient children in a State 
                        and in all States, and the number of 
                        immigrant children and youth in a State 
                        and in all States, using the more 
                        accurate of--
                                  [(I) the data available from 
                                the American Community Survey 
                                available from the Department 
                                of Commerce; or
                                  [(II) the number of children 
                                being assessed for English 
                                proficiency in a State as 
                                required under section 
                                1111(b)(7).]
          (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, for each fiscal 
        year, using the most accurate, up-to-date data, which 
        may be--
                  (A) data available from the American 
                Community Survey conducted by the Department of 
                Commerce, which may be multiyear estimates;
                  (B) the number of students assessed as not 
                having attained English language proficiency, 
                based on the State's English language 
                proficiency assessment under section 
                1111(a)(2)(D), which may be multiyear 
                estimates; or
                  (C) a combination of data available under 
                subparagraphs (A) and (B).

           *       *       *       *       *       *       *


SEC. 3112. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

  (a) Eligible Entities.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (4) An elementary school or secondary school that is 
        operated or funded by the Bureau of [Indian 
        Affairs]Indian Education of the Department of the 
        Interior, or a consortium of such schools.
          (5) An elementary school or secondary school operated 
        under a contract with or grant from the Bureau of 
        [Indian Affairs]Indian Education of the Department of 
        the Interior, in consortium with another such school or 
        a tribal or community organization.
          (6) An elementary school or secondary school operated 
        by the Bureau of [Indian Affairs]Indian Education of 
        the Department of the Interior and an institution of 
        higher education, in consortium with an elementary 
        school or secondary school operated under a contract 
        with or grant from the Bureau of [Indian Affairs]Indian 
        Education of the Department of the Interior or a tribal 
        or community organization.
  (b) Submission of Applications for Assistance.--
Notwithstanding any other provision of this part, [an entity 
that is considered to be an eligible entity under subsection 
(a), and that]an eligible entity that desires to receive 
Federal financial assistance under this subpart, shall submit 
an application to the Secretary.
  [(c) Special Rule.--An eligible entity described in 
subsection (a) that receives Federal financial assistance 
pursuant to this section shall not be eligible to receive a 
subgrant under section 3114.]
  (c) Special Rules.--
          (1) Ineligibility for multiple awards for same 
        period.--An eligible entity that receives a grant under 
        this section shall not be eligible to receive a 
        subgrant under section 3114 for the same period.
          (2) Native american language programs.--An eligible 
        entity that receives a grant under this section may, in 
        addition to other activities supported under this 
        subpart, use the grant funds to support Native American 
        language immersion programs and Native American 
        language restoration programs, which may be taught by 
        traditional or tribal leaders.

           *       *       *       *       *       *       *


[SEC. 3113. [20 U.S.C. 6823] STATE AND SPECIALLY QUALIFIED AGENCY 
                    PLANS.]

  [(a) Plan Required.--Each State educational agency and 
specially qualified agency desiring a grant under this subpart 
shall submit a plan to the Secretary at such time, in such 
manner, and containing such information as the Secretary may 
require.
  [(b) Contents.--Each plan submitted under subsection (a) 
shall--
          [(1) describe the process that the agency will use in 
        making subgrants to eligible entities under section 
        3114(d)(1);
          [(2) describe how the agency will establish standards 
        and objectives for raising the level of English 
        proficiency that are derived from the four recognized 
        domains of speaking, listening, reading, and writing, 
        and that are aligned with achievement of the 
        challenging State academic content and student academic 
        achievement standards described in section 1111(b)(1);
          [(3) contain an assurance that--
                  [(A) in the case of a State educational 
                agency, the agency consulted with local 
                educational agencies, education-related 
                community groups and nonprofit organizations, 
                parents, teachers, school administrators, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                  [(B) in the case of a specially qualified 
                agency, the agency consulted with education-
                related community groups and nonprofit 
                organizations, parents, teachers, and 
                researchers, in developing the annual 
                measurable achievement objectives described in 
                section 3122;
                  [(C) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement in section 
                1111(b)(7) to annually assess in English 
                children who have been in the United States for 
                3 or more consecutive years;
                  [(D) the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart annually assess the English proficiency 
                of all limited English proficient children 
                participating in a program funded under this 
                subpart, consistent with section 1111(b)(7);
                  [(E) in awarding subgrants under section 
                3114, 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;
                  [(F) subgrants to eligible entities under 
                section 3114(d)(1) will be of sufficient size 
                and scope to allow such entities to carry out 
                high-quality language instruction educational 
                programs for limited English proficient 
                children; and
                  [(G) the agency will require an eligible 
                entity receiving a subgrant under this subpart 
                to use the subgrant in ways that will build 
                such recipient's capacity to continue to offer 
                high-quality language instruction educational 
                programs that assist limited English proficient 
                children in meeting challenging State academic 
                content and student academic achievement 
                standards once assistance under this subpart is 
                no longer available;
          [(4) describe how the agency will coordinate its 
        programs and activities under this subpart with its 
        other programs and activities under this Act and other 
        Acts, as appropriate;
          [(5) describe how the agency will hold local 
        educational agencies, eligible entities, elementary 
        schools, and secondary schools accountable for--
                  [(A) meeting all annual measurable 
                achievement objectives described in section 
                3122;
                  [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                  [(C) achieving the purposes of this part; and
          [(6) describe how eligible entities in the State will 
        be given the flexibility to teach limited English 
        proficient children--
                  [(A) using a language instruction curriculum 
                that is tied to scientifically based research 
                on teaching limited English proficient children 
                and that has been demonstrated to be effective; 
                and
                  [(B) in the manner the eligible entities 
                determine to be the most effective.
  [(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 or specially qualified agency and 
        approved under subsection (c) shall--
                  [(A) remain in effect for the duration of the 
                agency's participation under this part; 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 part.
          [(2) Additional information.--
                  [(A) Amendments.--If the State educational 
                agency or specially qualified 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 part.
  [(e) Consolidated Plan.--A plan submitted under subsection 
(a) may be submitted as part of a consolidated plan under 
section 9302.
  [(f) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English proficiency standards, objectives, and assessments.]

SEC. 3113. STATE EDUCATIONAL AGENCY PLANS.

  (a) Plan Required.--Each State educational agency desiring a 
grant under this subpart shall submit a plan to the Secretary 
at such time, in such manner, and containing such information 
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 
        3114(d)(1);
          (2) describe the process by which, within a period 
        established by the Secretary, the agency will establish 
        uniform statewide criteria for local educational 
        agencies to use in--
                  (A) identifying English learners who need 
                services under this part;
                  (B) determining when such students no longer 
                need those services; and
                  (C) including the same standards of 
                achievement for all English learners in all 
                local educational agencies in the State;
          (3) describe the process through which the State 
        educational agency will support local educational 
        agencies in assisting English learners in acquiring 
        proficiency in each of the 4 language domains of 
        reading, writing, speaking, and listening, as measured 
        by the State's English language proficiency assessment;
          (4) provide an assurance that if the State adopts new 
        academic content standards, the State educational 
        agency will, not later than 1 year after the date of 
        adoption of such standards--
                  (A) update the State English language 
                proficiency standards to ensure that such 
                standards align with the new academic content 
                standards; and
                  (B) provide the Secretary with evidence of 
                such alignment;
          (5) provide an assurance that the State English 
        language proficiency assessment system is valid and 
        reliable and meets the appropriate requirements of 
        paragraph (10);
          (6) include criteria for defining the performance 
        standard that students at lower levels of English 
        language proficiency must meet to attain the level that 
        the State defines as English language proficient;
          (7) describe how the agency will coordinate programs 
        and activities carried out under this subpart with the 
        other programs and activities that such agency carries 
        out under this Act;
          (8) describe how the agency will assist eligible 
        entities in increasing the extent to which English 
        learners acquire English language proficiency within a 
        reasonable time frame, as informed by evidence and best 
        practices;
          (9) provide an assurance that eligible entities in 
        the State will be given the flexibility to teach 
        English learners using a language instruction 
        curriculum that has been demonstrated to be effective, 
        consistent with section 3115(f);
          (10) describe how the agency will manage subgrants 
        awarded under this subpart, including--
                  (A) how the agency will ensure that subgrant 
                funds are expended to support the provision of 
                services to help English learners acquire the 
                English language proficiency and the academic 
                content knowledge they need to meet the State's 
                college and career ready academic content 
                standards and to advance to postsecondary 
                education and careers, which may include using 
                a scientifically valid language instruction 
                curriculum to improve language acquisition and 
                content mastery for English learners;
                  (B) how the agency will ensure that eligible 
                entities receiving a subgrant under this 
                subpart comply with the requirement under 
                section 1111(a)(2)(B)(vi) to annually assess in 
                English, children who have been in the United 
                States for 3 or more consecutive years;
                  (C) how the agency will monitor eligible 
                entities receiving a subgrant under this part 
                to ensure compliance with applicable Federal 
                fiscal requirements, including the requirements 
                under subsections (f) (g), and (h) of section 
                3115;
                  (D) how the agency will, in awarding 
                subgrants under section 3114, address the needs 
                of local educational agencies of all sizes and 
                in all geographic areas, including local 
                educational agencies that serve rural and urban 
                schools; and
                  (E) an assurance that the agency will require 
                an eligible entity receiving a subgrant under 
                this subpart to use the subgrant in ways that 
                will build such eligible entity's capacity to 
                continue to offer high-quality language 
                instruction educational programs and academic 
                content instruction programs that assist 
                English learners in meeting State academic 
                content and student academic achievement 
                standards to become on track to college and 
                career readiness;
          (11) provide an assurance that the State's English 
        language proficiency standards are aligned with the 
        academic content and academic achievement standards 
        described in section 1111; and
          (12) provide an assurance that the plan has been 
        developed in consultation with local educational 
        agencies, teachers, administrators of programs 
        described under this part, parents, family members, and 
        other relevant stakeholders.
  (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 
                State educational agency's participation under 
                this part; and
                  (B) be periodically reviewed and revised by 
                the agency to reflect changes to the agency's 
                strategies and programs carried out under this 
                part.
          (2) Additional information.--
                  (A) Amendments.--If a State educational 
                agency amends the plan approved under 
                subsection (c), the agency shall submit the 
                amendment to the Secretary.
                  (B) Approval.--The Secretary shall approve an 
                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 part.
  (e) Consolidated Plan.--A plan submitted under subsection (a) 
may be submitted as part of a consolidated plan under section 
9302.
  (f) Secretary Assistance.--The Secretary shall provide 
technical assistance, if requested, in the development of 
English language proficiency standards, objectives, and 
assessments.

           *       *       *       *       *       *       *


SEC. 3114. WITHIN-STATE ALLOCATIONS.

  (a) In General.--After making the reservation required under 
subsection (d)(1), each State educational agency receiving a 
grant under [section 3111(c)(3)]section 3111(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 3116 an amount that bears the same relationship 
to the amount received under the grant and remaining after 
making such reservation as the population of [limited English 
proficient children]English learners in schools served by the 
eligible entity bears to the population of [limited English 
proficient children]English learners in schools served by all 
eligible entities in the State.
  (b) Limitation.--* * *

           *       *       *       *       *       *       *

  (d) Required Reservation.--A State educational agency 
receiving a grant under this subpart for a fiscal year--
          (1) shall reserve not more than 15 percent of the 
        agency's allotment under [section 3111(c)(3)]section 
        3111(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 eligible entities that 
                experience a significant increase in the 
                percentage of immigrant children and youth 
                served, and eligible entities that experience a 
                significant increase in the number of immigrant 
                children and youth served; and
                  [(B)] (C) shall consider the quality of each 
                local plan under section 3116 and ensure that 
                each subgrant is of sufficient size and scope 
                to meet the purposes of this part.

[SEC. 3115. 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 subpart only if the entity agrees to 
expend the funds to improve the education of limited English 
proficient children, by assisting the children to learn English 
and meet challenging State academic content and student 
academic achievement standards. In carrying out activities with 
such funds, the entity shall use approaches and methodologies 
based on scientifically based research on teaching limited 
English proficient children and immigrant children and youth 
for the following purposes:
          [(1) Developing and implementing new language 
        instruction educational programs and academic content 
        instruction programs for such children, and such 
        children and youth, including programs of early 
        childhood education, elementary school programs, and 
        secondary school programs.
          [(2) Carrying out highly focused, innovative, locally 
        designed activities to expand or enhance existing 
        language instruction educational programs and academic 
        content instruction programs for such children, and 
        such 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 such 
        children, and such 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 such children, and such 
        children and youth.
  [(b) Administrative Expenses.--Each eligible entity receiving 
funds under section 3114(a) for a fiscal year may use not more 
than 2 percent of such funds for the cost of administering this 
subpart.
  [(c) Required Subgrantee Activities.--An eligible entity 
receiving funds under section 3114(a) shall use the funds--
          [(1) to increase the English proficiency of limited 
        English proficient children by providing high-quality 
        language instruction educational programs that are 
        based on scientifically based research demonstrating 
        the effectiveness of the programs in increasing--
                  [(A) English proficiency; and
                  [(B) student academic achievement in the core 
                academic subjects; and
          [(2) to provide high-quality professional development 
        to classroom teachers (including teachers in classroom 
        settings that are not the settings of language 
        instruction educational programs), principals, 
        administrators, and other school or community-based 
        organizational personnel, that is--
                  [(A) designed to improve the instruction and 
                assessment of limited English proficient 
                children;
                  [(B) designed to enhance the ability of such 
                teachers to understand and use curricula, 
                assessment measures, and instruction strategies 
                for limited English proficient children;
                  [(C) based on scientifically based research 
                demonstrating the effectiveness of the 
                professional development in increasing 
                children's English proficiency or substantially 
                increasing the subject matter knowledge, 
                teaching knowledge, and teaching skills of such 
                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.
  [(d) Authorized Subgrantee Activities.--Subject to subsection 
(c), an eligible entity receiving funds under section 3114(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 limited 
        English proficient children by identifying, acquiring, 
        and upgrading curricula, instruction materials, 
        educational software, and assessment procedures.
          [(3) Providing--
                  [(A) tutorials and academic or vocational 
                education for limited English proficient 
                children; 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 proficiency and academic 
        achievement of limited English proficient children.
          [(6) Providing community participation programs, 
        family literacy services, and parent outreach and 
        training activities to limited English proficient 
        children and their families--
                  [(A) to improve the English language skills 
                of limited English proficient children; 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 limited English 
        proficient children 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 
                subpart.
          [(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 3114(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 teacher 
                aides 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 and acquisition of 
                curricular materials, educational software, and 
                technologies to be used in the program carried 
                out with funds;
                  [(E) basic instruction services that are 
                directly attributable to the presence in the 
                school district 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 3114(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 subpart, 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 limited English 
        proficient children to attain English proficiency and 
        meet challenging State academic content and student 
        academic achievement standards.
          [(2) Consistency.--Such selection shall be consistent 
        with sections 3125 through 3127.
  [(g) Supplement, Not Supplant.--Federal funds made available 
under this subpart 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 
limited English proficient children and immigrant children and 
youth and in no case to supplant such Federal, State, and local 
public funds.]

SEC. 3115. 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 subpart only if the entity agrees to 
expend the funds to supplement the education of English 
learners by helping them learn English and meet the State 
college and career ready academic content and student academic 
achievement standards. The eligible subgrantee shall carry out 
activities with such funds, using evidence-based approaches and 
methodologies that have been demonstrated to be effective 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 such children and youth, 
        including early childhood education and care programs, 
        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 
        such children and youth.
          (3) Implementing, within an individual school, whole 
        school programs for restructuring, reforming, and 
        upgrading all relevant programs, activities, and 
        operations relating to language instruction educational 
        programs and academic content instruction for such 
        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 such children and youth.
  (b) Administrative Expenses.--Each eligible entity receiving 
funds under section 3114(a) for a fiscal year may use not more 
than 2 percent of such funds for the direct cost of 
administering this subpart.
  (c) Required Subgrantee Activities.--An eligible entity 
receiving funds under section 3114(a) shall use the funds for 2 
or more of the following activities:
          (1) Increasing the English language proficiency of 
        English learners by providing high-quality evidence-
        based language instruction educational programs and 
        academic content instruction programs that meet the 
        needs of the specific English learners served, and by 
        identifying, acquiring, and upgrading curricula, 
        instructional materials, educational software, and 
        assessment practices that are proven effective in--
                  (A) increasing English language proficiency;
                  (B) increasing student academic achievement 
                in the core academic subjects; and
                  (C) supporting students so that the students 
                are college and career ready.
          (2) Providing high-quality professional development 
        to teachers (including teachers of language instruction 
        educational programs and academic content instruction 
        programs, teachers of other academic subjects, and 
        special education teachers), principals, 
        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 
                effectively implement curricula, assessment 
                practices and measures, and instructional 
                strategies for English learners;
                  (C) aligned with the instructional program 
                used by teachers that is responsive to the 
                needs of the English learners served;
                  (D) based on scientifically valid research 
                demonstrating the effectiveness of the 
                professional development in increasing 
                children's English language proficiency or 
                substantially increasing the subject matter 
                knowledge, teaching knowledge, and teaching 
                skills of teachers; and
                  (E) of sufficient intensity and duration 
                (which shall not include activities such as 1-
                day or short-term workshops and conferences) to 
                have a positive and lasting impact on the 
                performance of teachers in the classroom, 
                except that this subparagraph shall not apply 
                to an activity that is 1 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.
          (3) Carrying out other highly focused, evidence-
        based, proven effective activities and strategies that 
        expand, enhance, or supplement existing language 
        instruction educational programs and academic content 
        instruction programs for English learners, including 
        activities that enhance and increase parent, family, 
        and community participation, maximize coordination and 
        alignment among related programs, and build 
        partnerships between schools and community-based early 
        learning programs serving English learners.
  (d) Authorized Subgrantee Activities.--Subject to subsection 
(c), an eligible entity receiving funds under section 3114(a) 
may use the funds to achieve 1 of the purposes described in 
subsection (a) by undertaking 1 or more of the following 
activities:
          (1) Upgrading program objectives and effective 
        instruction strategies.
          (2) Providing to English learners--
                  (A) tutorials and academic or career and 
                technical education; and
                  (B) intensified instruction.
          (3) Developing and implementing preschool, elementary 
        school, or secondary school language instruction 
        educational programs and academic content instruction 
        programs that are coordinated with other relevant 
        programs and services.
          (4) Improving the English language proficiency and 
        academic achievement of children who are English 
        learners.
          (5) Improving the instruction of English learners, 
        including English learners who are children with 
        disabilities, 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 curricula and programs funded 
                under this subpart.
          (6) Providing community participation programs, 
        family literacy activities, and parent and family 
        outreach and training activities to children who are 
        English learners and their families--
                  (A) to improve the English language skills of 
                children who are English learners; and
                  (B) to assist parents in--
                          (i) helping their children to improve 
                        their academic achievement; and
                          (ii) becoming active participants in 
                        the education of their children.
          (7) Carrying out other activities that are consistent 
        with the purposes of this subpart.
  (e) Activities by Agencies Experiencing Substantial Increases 
in Immigrant Children and Youth.--
          (1) In general.--An eligible entity receiving funds 
        under section 3114(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 and family 
                outreach, and leadership development activities 
                designed to assist parents and family members 
                in becoming engaged participants in the 
                education and development 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) the 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 funds 
                awarded under section 3114(a);
                  (E) basic instructional 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 and costs of transportation;
                  (F) such other costs that are directly 
                attributable to such additional basic 
                instructional services or 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 (including community-based 
                organizations providing early childhood 
                education and care programs), 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 3114(d)(1) shall be determined by the agency in 
        its discretion.
  (f) Selection of Method of Instruction.--
          (1) In general.--An eligible entity receiving a 
        subgrant from a State educational agency under this 
        subpart shall select 1 or more methods or forms of 
        instruction to be used in the programs and activities 
        undertaken by the entity in assisting English learners 
        in attaining English language proficiency and meeting 
        State academic content and student academic achievement 
        standards, to be on track to college and career 
        readiness.
          (2) Consistency.--The selection of methods or forms 
        of instruction, as described under paragraph (1), shall 
        be consistent with sections 3124 through 3126.
  (g) Supplement, Not Supplant.--Federal funds made available 
under this subpart 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.
  (h) Prohibition on Use of Funds.--A subgrantee shall not use 
subgrant funds received under this subpart for services that 
are required to be provided to English learners as a result 
of--
          (1) a letter of findings, issued by the Assistant 
        Secretary for Civil Rights, indicating that the 
        subgrantee's program and services do not meet the legal 
        requirements under title VI of the Civil Rights Act of 
        1964 (42 U.S.C. 2000d et seq.), unless the subgrantee 
        has appealed the findings or entered into settlement 
        discussions designed to lead to a resolution agreement 
        with the Assistant Secretary for Civil Rights pursuant 
        to section 100.7(d) of title 34, Code of Federal 
        Regulations; or
          (2) a Federal court order resulting from litigation 
        in the Federal courts, except where the litigation 
        commences with a complaint filed with an accompanying 
        consent decree, to enforce title VI of the Civil Rights 
        Act of 1964 (42 U.S.C. 2000d et seq.) or section 204(f) 
        of the Equal Educational Opportunities Act of 1974 (20 
        U.S.C. 1703(f)).

           *       *       *       *       *       *       *


[SEC. 3116. LOCAL PLANS.]

  [(a) Plan Required.--Each eligible entity desiring a subgrant 
from the State educational agency under section 3114 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 programs and activities proposed to 
        be developed, implemented, and administered under the 
        subgrant;
          [(2) describe how the eligible entity will use the 
        subgrant funds to meet all annual measurable 
        achievement objectives described in section 3122;
          [(3) describe how the eligible entity will hold 
        elementary schools and secondary schools receiving 
        funds under this subpart accountable for--
                  (A) meeting the annual measurable achievement 
                objectives described in section 3122;
                  [(B) making adequate yearly progress for 
                limited English proficient children, as 
                described in section 1111(b)(2)(B); and
                  [(C) annually measuring the English 
                proficiency of limited English proficient 
                children, so that such children served by the 
                programs carried out under this part develop 
                proficiency in English while meeting State 
                academic content and student academic 
                achievement standards as required by section 
                1111(b)(1);
          [(4) describe how the eligible entity will promote 
        parental and community participation in programs for 
        limited English proficient children;
          [(5) contain an assurance that the eligible entity 
        consulted with teachers, researchers, school 
        administrators, and parents, and, if appropriate, with 
        education-related community groups and nonprofit 
        organizations, and institutions of higher education, in 
        developing such plan; and
          [(6) describe how language instruction educational 
        programs carried out under the subgrant will ensure 
        that limited English proficient children being served 
        by the programs develop English proficiency.
  [(c) Teacher English Fluency.--Each eligible entity receiving 
a subgrant under section 3114 shall include in its plan a 
certification that all teachers in any language instruction 
educational program for limited English proficient children 
that is, or will be, funded under this part are fluent in 
English and any other language used for instruction, including 
having written and oral communications skills.
  [(d) Other Requirements for Approval.--Each local plan shall 
also contain assurances that--
          [(1) each local educational agency that is included 
        in the eligible entity is complying with section 3302 
        prior to, and throughout, each school year;
          [(2) the eligible entity annually will assess the 
        English proficiency of all children with limited 
        English proficiency participating in programs funded 
        under this part;
          [(3) the eligible entity has based its proposed plan 
        on scientifically based research on teaching limited 
        English proficient children;
          [(4) the eligible entity will ensure that the 
        programs will enable children to speak, read, write, 
        and comprehend the English language and meet 
        challenging State academic content and student academic 
        achievement standards; and
          [(5) the eligible entity is not in violation of any 
        State law, including State constitutional law, 
        regarding the education of limited English proficient 
        children, consistent with sections 3126 and 3127.]

SEC. 3116. LOCAL PLANS.

  (a) Plan Required.--Each eligible entity desiring a subgrant 
from a State educational agency under section 3114 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 scientifically valid programs and 
        activities proposed to be developed, implemented, and 
        administered under the subgrant, including how such 
        programs and activities will supplement programs 
        intended to enable children to speak, read, write, and 
        comprehend the English language, meet State academic 
        content and student academic achievement standards, and 
        graduate high school ready for college and careers;
          (2) describe how the eligible entity will hold 
        elementary schools and secondary schools receiving 
        funds under this subpart accountable for--
                  (A) assessing annually, in accordance with 
                section 1111, the English language proficiency 
                of all English learners participating in 
                programs funded under this subpart; and
                  (B) meeting timelines, progress criteria, and 
                performance targets for English learners in 
                order to ensure that such children served by 
                the programs carried out under this part--
                          (i) develop proficiency in English; 
                        and
                          (ii) master the academic content 
                        knowledge they need to meet the State's 
                        college and career ready academic 
                        content standards under section 
                        1111(a)(1);
          (3) describe how the eligible entity will promote 
        family and community member engagement;
          (4) describe how the eligible entity will consult 
        with teachers, researchers, school administrators, 
        parents, family and community members, and, if 
        appropriate, with education-related community groups 
        and nonprofit organizations, and institutions of higher 
        education, in developing and implementing such plan;
          (5) describe how language instruction educational 
        programs and academic content instruction programs 
        carried out under the subgrant will ensure that English 
        learners being served by the programs develop English 
        language proficiency and demonstrate such proficiency 
        through academic content mastery;
          (6) ensure that activities supported by funds 
        allocated to individual schools are described in any 
        general local school level-plan required by the 
        eligible entity, and in the absence of a required 
        school-level plan, such activities are described in a 
        separate school-level title III activity plan; and
          (7) contain an assurance that--
                  (A) the eligible entity is not in violation 
                of State law, including State constitutional 
                law, regarding the education of English 
                learners, consistent with sections 3124 through 
                3128;
                  (B) each local educational agency that is 
                included in the eligible entity complies with 
                section 3202 prior to, and throughout, each 
                school year; and
                  (C) systemic improvements for meeting the 
                needs of English learners and targeting funds 
                to particular concentrations of English 
                learners were considered in developing such 
                plan.
  (c) Teacher English Fluency.--Each eligible entity receiving 
a subgrant under this subpart 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 part are fluent in the languages used for 
instruction, including having written and oral communications 
skills.

           *       *       *       *       *       *       *


              Subpart 2--Accountability and Administration

[SEC. 3121. EVALUATIONS.]

  [(a) In General.--Each eligible entity that receives a 
subgrant from a State educational agency under subpart 1 shall 
provide such agency, at the conclusion of every second fiscal 
year during which the subgrant is received, with an evaluation, 
in a form prescribed by the agency, that includes--
          [(1) a description of the programs and activities 
        conducted by the entity with funds received under 
        subpart 1 during the two immediately preceding fiscal 
        years;
          [(2) a description of the progress made by children 
        in learning the English language and meeting 
        challenging State academic content and student academic 
        achievement standards;
          [(3) the number and percentage of children in the 
        programs and activities attaining English proficiency 
        by the end of each school year, as determined by a 
        valid and reliable assessment of English proficiency; 
        and
          [(4) a description of the progress made by children 
        in meeting challenging State academic content and 
        student academic achievement standards for each of the 
        2 years after such children are no longer receiving 
        services under this part.
  [(b) Use of Evaluation.--An evaluation provided by an 
eligible entity under subsection (a) shall be used by the 
entity and the State educational agency--
          [(1) for improvement of programs and activities;
          [(2) to determine the effectiveness of programs and 
        activities in assisting children who are limited 
        English proficient to attain English proficiency (as 
        measured consistent with subsection (d)) and meet 
        challenging State academic content and student academic 
        achievement standards; and
          [(3) in determining whether or not to continue 
        funding for specific programs or activities.
  [(c) Evaluation Components.--An evaluation provided by an 
eligible entity under subsection (a) shall--
          [(1) provide an evaluation of children enrolled in a 
        program or activity conducted by the entity using funds 
        under subpart 1 (including the percentage of children) 
        who--
                  [(A) are making progress in attaining English 
                proficiency, including the percentage of 
                children who have achieved English proficiency;
                  [(B) have transitioned into classrooms not 
                tailored to limited English proficient 
                children, and have a sufficient level of 
                English proficiency to permit them to achieve 
                in English and transition into classrooms not 
                tailored to limited English proficient 
                children;
                  [(C) are meeting the same challenging State 
                academic content and student academic 
                achievement standards as all children are 
                expected to meet; and
                  [(D) are not receiving waivers for the 
                reading or language arts assessments under 
                section 1111(b)(3)(C); and
          [(2) include such other information as the State 
        educational agency may require.
  [(d) Evaluation Measures.--A State shall approve evaluation 
measures for use under subsection (c) that are designed to 
assess--
          [(1) the progress of children in attaining English 
        proficiency, including a child's level of 
        comprehension, speaking, listening, reading, and 
        writing skills in English;
          [(2) student attainment of challenging State student 
        academic achievement standards on assessments described 
        in section 1111(b)(3); and
          [(3) progress in meeting the annual measurable 
        achievement objectives described in section 3122.
  [(e) Special Rule for Specially Qualified Agencies.--Each 
specially qualified agency receiving a grant under this part 
shall provide the evaluations described in subsection (a) to 
the Secretary subject to the same requirements as apply to 
eligible entities providing such evaluations to State 
educational agencies under such subsection.]

SEC. 3121. EVALUATIONS.

  (a) In General.--Each eligible entity that receives a 
subgrant from a State educational agency under subpart 1 shall 
provide such agency, at the conclusion of every second fiscal 
year during which the subgrant is received, with an evaluation 
of programs and services supported under this title, in a form 
prescribed by the agency, that includes--
          (1) a description of the programs and activities 
        conducted by the entity with funds received under 
        subpart 1 during the 2 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 improving their English language 
        proficiency, in meeting the State's academic content 
        and student academic achievement standards, and in 
        graduating from high school ready for college and 
        careers;
          (3) the number and percentage of English learners 
        participating in the programs and activities supported 
        by funds provided under this part, who by the end of 
        each school year, attain English language proficiency 
        in each of the 4 domains of reading, writing, speaking, 
        and listening, as determined by the State's English 
        language proficiency assessment and the number who exit 
        the language instruction educational programs based on 
        their attainment of English language proficiency on 
        such assessment;
          (4) a description of the progress made by former 
        English learners in meeting the State's academic 
        content and student academic achievement standards and 
        in graduating from high school and being college and 
        career ready, for each of the 3 years after such 
        individuals are no longer receiving services under this 
        part; and
          (5) the number and percentage of English learners who 
        have not attained English language proficiency within 5 
        years of first enrollment in the local educational 
        agency and initial classification as English learners.
  (b) Use of Evaluation.--An evaluation provided by an eligible 
entity under subsection (a) shall be used by the entity and the 
State educational agency--
          (1) to assess the progress of children in attaining 
        English language proficiency, including--
                  (A) a child's level of speaking, listening, 
                reading, and writing skills in English; and
                  (B) a child's progress in attaining the State 
                student academic achievement and college and 
                career readiness standards; and
          (2) to improve programs and activities, including by 
        determining the effectiveness of programs and 
        activities in increasing the English language 
        proficiency of English learners and making 
        determinations about whether or not to continue funding 
        for specific programs or activities.

           *       *       *       *       *       *       *


[SEC. 3122. ACHIEVEMENT OBJECTIVES AND ACCOUNTABILITY.]

  [(a) Achievement Objectives.--
          [(1) In general.--Each State educational agency or 
        specially qualified agency receiving a grant under 
        subpart 1 shall develop annual measurable achievement 
        objectives for limited English proficient children 
        served under this part that relate to such children's 
        development and attainment of English proficiency while 
        meeting challenging State academic content and student 
        academic achievement standards as required by section 
        1111(b)(1).
          [(2) Development of objectives.--Such annual 
        measurable achievement objectives shall be developed in 
        a manner that--
                  [(A) reflects the amount of time an 
                individual child has been enrolled in a 
                language instruction educational program; and
                  [(B) uses consistent methods and measurements 
                to reflect the increases described in 
                subparagraphs (A)(i), (A)(ii), and (B) of 
                paragraph (3).
          [(3) Contents.--Such annual measurable achievement 
        objectives--
                  [(A) shall include--
                          [(i) at a minimum, annual increases 
                        in the number or percentage of children 
                        making progress in learning English;
                          [(ii) at a minimum, annual increases 
                        in the number or percentage of children 
                        attaining English proficiency by the 
                        end of each school year, as determined 
                        by a valid and reliable assessment of 
                        English proficiency consistent with 
                        section 1111(b)(7); and
                          [(iii) making adequate yearly 
                        progress for limited English proficient 
                        children as described in section 
                        1111(b)(2)(B); and
                  [(B) at the discretion of the agency, may 
                include the number or percentage of children 
                not receiving waivers for reading or language 
                arts assessments under section 1111(b)(3)(C), 
                but this achievement objective shall not be 
                applied to an eligible entity that, in a given 
                school year--
                          [(i) has experienced a large increase 
                        in limited English proficient children 
                        or immigrant children and youth;
                          [(ii) enrolls a statistically 
                        significant number of immigrant 
                        children and youth from countries where 
                        such children and youth had little or 
                        no access to formal education; or
                          [(iii) has a statistically 
                        significant number of immigrant 
                        children and youth who have fled from 
                        war or natural disaster.
  [(b) Accountability.--
          [(1) For states.--Each State educational agency 
        receiving a grant under subpart 1 shall hold eligible 
        entities receiving a subgrant under such subpart 
        accountable for meeting the annual measurable 
        achievement objectives under subsection (a), including 
        making adequate yearly progress for limited English 
        proficient children.
          [(2) Improvement plan.--If a State educational agency 
        determines, based on the annual measurable achievement 
        objectives described in subsection (a), that an 
        eligible entity has failed to make progress toward 
        meeting such objectives for 2 consecutive years, the 
        agency shall require the entity to develop an 
        improvement plan that will ensure that the entity meets 
        such objectives. The improvement plan shall 
        specifically address the factors that prevented the 
        entity from achieving such objectives.
          [(3) Technical assistance.--During the development of 
        the improvement plan described in paragraph (2), and 
        throughout its implementation, the State educational 
        agency shall--
                  [(A) provide technical assistance to the 
                eligible entity;
                  [(B) provide technical assistance, if 
                applicable, to schools served by such entity 
                under subpart 1 that need assistance to enable 
                the schools to meet the annual measurable 
                achievement objectives described in subsection 
                (a);
                  [(C) develop, in consultation with the 
                entity, professional development strategies and 
                activities, based on scientifically based 
                research, that the agency will use to meet such 
                objectives;
                  [(D) require such entity to utilize such 
                strategies and activities; and
                  [(E) develop, in consultation with the 
                entity, a plan to incorporate strategies and 
                methodologies, based on scientifically based 
                research, to improve the specific program or 
                method of instruction provided to limited 
                English proficient children.
          [(4) Accountability.--If a State educational agency 
        determines that an eligible entity has failed to meet 
        the annual measurable achievement objectives described 
        in subsection (a) for 4 consecutive years, the agency 
        shall--
                  [(A) require such entity to modify the 
                entity's curriculum, program, and method of 
                instruction; or
                  [(B)(i) make a determination whether the 
                entity shall continue to receive funds related 
                to the entity's failure to meet such 
                objectives; and
                  [(ii) require such entity to replace 
                educational personnel relevant to the entity's 
                failure to meet such objectives.
  [(c) Special Rule for Specially Qualified Agencies.--The 
Secretary shall hold specially qualified agencies receiving a 
grant under this subpart accountable for meeting the annual 
measurable achievement objectives described in subsection (a) 
in the same manner as State educational agencies hold eligible 
entities accountable under subsection (b).]

           *       *       *       *       *       *       *


SEC. [3123]3122. REPORTING REQUIREMENTS.

  (a) States.--Based upon the evaluations provided to a State 
educational agency under section 3121, each such agency that 
receives a grant under this part shall prepare and submit every 
second year to the Secretary a report on programs and 
activities carried out by the State educational agency under 
this part and the effectiveness of such programs and activities 
in improving the education provided to [children who are 
limited English proficient]English learners.
  (b) Secretary.--Every second year, 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]authorizing committees a report--
          (1) on programs and activities carried out to serve 
        [limited English proficient children]English learners 
        under this part, and the effectiveness of such programs 
        and activities in improving the academic achievement 
        and English proficiency of [children who are limited 
        English proficient]English learners;
          (2) on the types of language instruction educational 
        programs used by local educational agencies or eligible 
        entities receiving funding under this part to teach 
        [limited English proficient children]English learners;
          (3) * * *
          (4) containing a description of technical assistance 
        and other assistance provided by State educational 
        agencies under [section 3111(b)(2)(C)]section 
        3111(b)(2);
          (5) containing an estimate of the number of certified 
        or licensed teachers working in language instruction 
        educational programs and educating [limited English 
        proficient children]English learners, and an estimate 
        of the number of such teachers that will be needed for 
        the succeeding 5 fiscal years;
          (6) * * *

           *       *       *       *       *       *       *

          (8) containing the number of [limited English 
        proficient children]English learners served by eligible 
        entities receiving funding under this part who were 
        transitioned out of language instruction educational 
        programs funded under this part into classrooms where 
        instruction is not tailored for [limited English 
        proficient children]English learners; and
          (9) containing other information gathered from [the 
        evaluations from specially qualified agencies and]other 
        reports submitted to the Secretary under this title 
        when applicable.

           *       *       *       *       *       *       *


SEC. [3124]3123. COORDINATION WITH RELATED PROGRAMS.

  In order to maximize Federal efforts aimed at serving the 
educational needs of [children of limited English 
proficiency]English learners, the Secretary shall coordinate 
and ensure close cooperation with other entities carrying out 
programs serving [language-minority and limited English 
proficient children]language-minority children and English 
learners that are administered by the Department and other 
agencies.

           *       *       *       *       *       *       *


SEC. [3125]3124. RULES OF CONSTRUCTION.

  Nothing in this part shall be construed--
          (1) to prohibit a local educational agency from 
        serving [limited English proficient children]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 [limited English 
        proficient children]English learners; [or]
          (3) to limit the preservation or use of Native 
        American languages[.]; or
          (4) to require an eligible entity to cease providing 
        services under this title to any student who may have 
        been assessed at or above the proficiency level on the 
        annual assessment of English language proficiency under 
        section 1111(a)(2)(D), but has not attained, or is not 
        on track to attain, the proficiency level on the 
        regular State academic content assessment under section 
        1111(a)(2)(A), including such assessment in English or 
        language arts.

           *       *       *       *       *       *       *


SEC. [3126]3125. LEGAL AUTHORITY UNDER STATE LAW.

  * * *

           *       *       *       *       *       *       *


SEC. [3127]3126. CIVIL RIGHTS.

  * * *

           *       *       *       *       *       *       *


SEC. [3128]3127. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

  * * *

           *       *       *       *       *       *       *


SEC. [3129]3128. PROHIBITION.

  In carrying out this part, the Secretary shall neither 
mandate nor preclude the use of a particular curricular or 
pedagogical approach to educating [limited English proficient 
children]English learners.

           *       *       *       *       *       *       *


                     Subpart 3--National Activities

[SEC. 3131. [20 U.S.C. 6861] NATIONAL PROFESSIONAL DEVELOPMENT 
                    PROJECT.]

  [The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a 
period of not more than 5 years, to institutions of higher 
education (in consortia with State educational agencies or 
local educational agencies) to provide for professional 
development activities that will improve classroom instruction 
for limited English proficient children 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 limited English proficient children. Grants 
awarded under this subsection may be used--
          [(1) for preservice 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 appropriate to 
        the needs of the consortia participants involved; and
          [(3) in conjunction with other Federal need-based 
        student financial assistance programs, for financial 
        assistance, and costs related to tuition, fees, and 
        books for enrolling in courses required to complete the 
        degree involved, to meet certification or licensing 
        requirements for teachers who work in language 
        instruction educational programs or serve limited 
        English proficient children.]

SEC. 3131. PROFESSIONAL DEVELOPMENT GRANTS.

  The Secretary shall use funds made available under section 
3111(c)(1)(C) to award grants on a competitive basis, for a 
period of not more than 5 years, to institutions of higher 
education or nonprofit institutions with relevant experience or 
expertise 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 and academic content instruction programs or serve 
English learners. Grants awarded under this section may be used 
to--
          (1) support partnerships between State or local 
        educational agencies and institutions of higher 
        education to support the work of individuals who are 
        completing baccalaureate and masters programs (such as 
        programs in the areas of teacher training, program 
        administration, policy, research, evaluation, 
        assessment, and curriculum development) and to improve 
        educational services and programs for English learners, 
        provided that recipients of fellowships or assistance 
        are required, on completion of their studies, to--
                  (A) assist in the education of English 
                learners through work in a school, local 
                educational agency, or other educational agency 
                or organization for a period of time equivalent 
                to the period of time during which an 
                individual receives assistance under this 
                section; or
                  (B) repay all or a prorated part of their 
                assistance under this section;
          (2) support research on promising instructional 
        strategies or programs that have practical applications 
        for teachers, counselors, parents and family members, 
        school leaders, and others responsible for educating or 
        improving the education of English learners and their 
        families;
          (3) support strategies that promote school readiness 
        for English learners and their transition from early 
        childhood programs, such as Head Start or State-run 
        preschool programs, to elementary school programs;
          (4) support strategies that promote high school 
        graduation for English learners;
          (5) support strategies that strengthen and increase 
        family and community member engagement in education;
          (6) support the development of curricula that are 
        appropriate to the needs of the participating 
        consortium; and
          (7) support the dissemination of information gathered 
        in accordance with paragraphs (1) through (5), 
        particularly evidence-based best practices and the 
        provision of technical assistance.

SEC. 3132. COMMISSION ON ASSESSMENT OF ENGLISH LEARNERS.

  (a) Commission on Assessment of English Learners.--
          (1) In general.--The Secretary shall establish an 
        independent commission on the assessment and 
        advancement of English learners (referred to in this 
        section as the ``commission'') to carry out the 
        activities described in subsection (c).
          (2) Date of appointment.--The members of the 
        commission shall be appointed not later than 6 months 
        after the date of enactment of the Elementary and 
        Secondary Education Reauthorization Act of 2011.
  (b) Composition.--
          (1) In general.--The commission shall be comprised of 
        individuals with experience and expertise in the 
        educational advancement and development of English 
        learners, including individuals with expertise in--
                  (A) the art of teaching English to speakers 
                of other languages;
                  (B) measurement and educational assessment 
                systems; and
                  (C) educational assessment and accountability 
                practices.
          (2) Expertise of members.--The Secretary shall ensure 
        that the individuals selected in accordance with 
        paragraph (1) are experts who are competent, by virtue 
        of their training, expertise, or experience, to 
        evaluate instruction, assessments, and models for 
        English learners.
  (c) Duties of the Commission.--The commission shall provide 
the Secretary with advice and recommendations about the 
following issues:
          (1) The development and approval of standards 
        pertaining to English learners, in order to assist the 
        Secretary in the review and approval of statewide 
        accountability systems that are required under section 
        1111(a)(3).
          (2) The provision of regulations and guidance 
        pertaining to the inclusion of English learners in 
        assessment and accountability systems, including 
        recommendations about appropriate accommodations and 
        appropriate weights for assessments involving English 
        learners.
          (3) Ensuring that State English language proficiency 
        standards under section 1111(a)(1)(E) are properly 
        aligned with college and career ready academic content 
        standards under section 1111(a)(1).
          (4) The formation of peer review panels, under 
        section 1111(b)(4), with regard to--
                  (A) the inclusion on the panels of experts 
                about English learners; and
                  (B) processes to ensure that the work of the 
                peer review panel is consistent with the 
                standards and guidance developed by the 
                commission.
          (5) Identifying ways to support local capacity-
        building efforts to assist local educational agencies 
        and schools in properly supporting English learners.
          (6) Ensuring that the research, development, and 
        dissemination activities of the Department address 
        identified gaps in knowledge for effectively including 
        English learners in assessment and accountability 
        practices.
          (7) Ways to address the needs of English learners in 
        all program planning at the Department, including 
        inter- and intra-agency coordination.
  (d) Annual Report.--The commission shall, beginning not later 
than 1 year after the date on which all members of the 
commission have been appointed, submit an annual report to the 
Secretary and the authorizing committees of Congress containing 
the findings and recommendations described in subsection (c).

           *       *       *       *       *       *       *


                        [Subpart 4--Definitions]

[SEC. 3141. [20 U.S.C. 6871] ELIGIBLE ENTITY.]

  [In this part, the term ``eligible entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.]

           *       *       *       *       *       *       *


     [PART B--IMPROVING LANGUAGE INSTRUCTION EDUCATIONAL PROGRAMS]

[SEC. 3201. SHORT TITLE.]

  [This part may be cited as the ``Improving Language 
Instruction Educational Programs For Academic Achievement 
Act''.]

[SEC. 3202. [20 U.S.C. 6892] PURPOSE.]

  [The purpose of this part is to help ensure that limited 
English proficient children master English and meet the same 
rigorous standards for academic achievement as all children are 
expected to meet, including meeting challenging State academic 
content and student academic achievement standards by--
          [(1) promoting systemic improvement and reform of, 
        and developing accountability systems for, educational 
        programs serving limited English proficient children;
          [(2) developing language skills and multicultural 
        understanding;
          [(3) developing the English proficiency of limited 
        English proficient children and, to the extent 
        possible, the native language skills of such children;
          [(4) providing similar assistance to Native Americans 
        with certain modifications relative to the unique 
        status of Native American languages under Federal law;
          [(5) developing data collection and dissemination, 
        research, materials, and technical assistance that are 
        focused on school improvement for limited English 
        proficient children; and
          [(6) developing programs that strengthen and improve 
        the professional training of educational personnel who 
        work with limited English proficient children.]

[SEC. 3203. [20 U.S.C. 6893] NATIVE AMERICAN CHILDREN IN SCHOOL.]

  [(a) Eligible Entities.--For the purpose of carrying out 
programs under this part for individuals served by elementary 
schools, secondary schools, and postsecondary schools operated 
predominately for Native American (including Alaska Native) 
children and youth, an Indian tribe, a tribally sanctioned 
educational authority, a Native Hawaiian or Native American 
Pacific Islander native language education organization, or an 
elementary school or secondary school that is operated or 
funded by the Bureau of Indian Affairs shall be considered to 
be a local educational agency.
  [(b) Application.--Notwithstanding any other provision of 
this part, each tribe, authority, organization, or school 
described in subsection (a) shall submit any application for 
assistance under this part directly to the Secretary along with 
timely comments on the need for the program proposed in the 
application. ]

[SEC. 3204. [20 U.S.C. 6894] RESIDENTS OF THE TERRITORIES AND FREELY 
                    ASSOCIATED STATES.]

  [For the purpose of carrying out programs under this part in 
the outlying areas, the term ``local educational agency'' 
includes public institutions or agencies whose mission is the 
preservation and maintenance of native languages.]

[SEC. 3211. [20 U.S.C. 6911] FINANCIAL ASSISTANCE FOR LANGUAGE 
                    INSTRUCTION EDUCATIONAL PROGRAMS.]

  [The purpose of this subpart is to assist local educational 
agencies, institutions of higher education, and community-based 
organizations, through the grants authorized under sections 
3212 and 3213--
          [(1) to develop and enhance their capacity to provide 
        high-quality instruction through language instruction 
        educational programs or special alternative instruction 
        programs to limited English proficient children; and
          [(2) to help such children--
                  [(A) develop English proficiency and, to the 
                extent possible, proficiency in their native 
                language; and
                  [(B) meet the same challenging State academic 
                content and student academic achievement 
                standards as all children are expected to meet 
                under section 1111(b)(1).]

[SEC. 3212. [20 U.S.C. 6912] PROGRAM ENHANCEMENT ACTIVITIES.]

  [(a) Program Authorized.--
          [(1) Authority.--
                  [(A) In general.--The Secretary is authorized 
                to award grants to eligible entities having 
                applications approved under section 3214 to 
                enable such entities to provide innovative, 
                locally designed, high-quality instruction to 
                limited English proficient children, by 
                expanding, developing, or strengthening 
                language instruction educational programs or 
                special alternative instruction programs.
                  [(B) Period.--Each grant awarded under this 
                section shall be awarded for a period of 3 
                years.
          [(2) Authorized activities.--
                  [(A) Mandatory activities.--Grants awarded 
                under this section shall be used for--
                          [(i) developing, implementing, 
                        expanding, or enhancing comprehensive 
                        preschool, elementary, or secondary 
                        education programs for limited English 
                        proficient children, that are--
                                  [(I) aligned with State and 
                                local academic content and 
                                student academic achievement 
                                standards, and local school 
                                reform efforts; and
                                  [(II) coordinated with 
                                related academic services for 
                                children;
                          [(ii) providing high-quality 
                        professional development to classroom 
                        teachers, administrators, and other 
                        school or community-based organization 
                        personnel to improve the instruction 
                        and assessment of limited English 
                        proficient children; and
                          [(iii) annually assessing the English 
                        proficiency of all limited English 
                        proficient children served by 
                        activities carried out under this 
                        section.
                  [(B) Permissible activities.--Grants awarded 
                under this section may be used for--
                          [(i) implementing programs to upgrade 
                        the reading and other academic skills 
                        of limited English proficient children;
                          [(ii) developing accountability 
                        systems to monitor the academic 
                        progress of limited English proficient 
                        and formerly limited English proficient 
                        children;
                          [(iii) implementing family education 
                        programs and parent outreach and 
                        training activities designed to assist 
                        parents to become active participants 
                        in the education of their children;
                          [(iv) improving the instruction 
                        programs for limited English proficient 
                        children by identifying, acquiring, and 
                        applying effective curricula, 
                        instruction materials (including 
                        materials provided through technology), 
                        and assessments that are all aligned 
                        with State and local standards;
                          [(v) providing intensified 
                        instruction, including tutorials and 
                        academic, or vocational and technical, 
                        training, for limited English 
                        proficient children;
                          [(vi) adapting best practice models 
                        for meeting the needs of limited 
                        English proficient children;
                          [(vii) assisting limited English 
                        proficient children with disabilities;
                          [(viii) implementing applied learning 
                        activities such as service learning to 
                        enhance and support comprehensive 
                        elementary and secondary language 
                        instruction educational programs;
                          [(ix) acquiring or developing 
                        education technology or instruction 
                        materials for limited English 
                        proficient children, including 
                        materials in languages other than 
                        English;
                          [(x) participating in electronic 
                        networks for materials, training, and 
                        communication, and incorporating 
                        information derived from such 
                        participation in curricula and 
                        programs; and
                          [(xi) carrying out such other 
                        activities related to the purpose of 
                        this part as the Secretary may approve.
  [(b) Priority.--In awarding grants under this section, the 
Secretary may give priority to an entity that--
          [(1) serves a school district--
                  [(A) that has a total district enrollment 
                that is less than 10,000 students; or
                  [(B) with a large percentage or number of 
                limited English proficient children; and
          [(2) has limited or no experience in serving limited 
        English proficient children.
  [(c) Eligible Entity.--In this section, the term ``eligible 
entity'' means--
          [(1) one or more local educational agencies;
          [(2) one or more local educational agencies in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency; or
          [(3) a community-based organization or an institution 
        of higher education that has an application approved by 
        the local educational agency to participate in programs 
        carried out under this subpart by enhancing early 
        childhood education or family education programs or 
        conducting instruction programs that supplement the 
        educational services provided by a local educational 
        agency.]

[SEC. 3213. [20 U.S.C. 6913] COMPREHENSIVE SCHOOL AND SYSTEMWIDE 
                    IMPROVEMENT ACTIVITIES.]

  [(a) Program Authorized.--
          [(1) Authority.--The Secretary is authorized to award 
        grants to eligible entities having applications 
        approved under section 3214 to enable such entities to 
        develop and implement language instruction educational 
        programs, and improve, reform, or upgrade programs or 
        operations that serve significant percentages or 
        numbers of limited English proficient children.
          [(2) Mandatory activities.--Grants awarded under this 
        section shall be used for--
                  [(A) improving instruction programs for 
                limited English proficient children by 
                acquiring and upgrading curricula and related 
                instruction materials;
                  [(B) aligning the activities carried out 
                under this section with State and local school 
                reform efforts;
                  [(C) providing training, aligned with State 
                and local standards, to school personnel and 
                participating community-based organization 
                personnel to improve the instruction and 
                assessment of limited English proficient 
                children;
                  [(D) developing and implementing plans, 
                coordinated with plans for programs carried out 
                under title II of the Higher Education Act of 
                1965 (where applicable), and title II of this 
                Act (where applicable), to recruit teachers 
                trained to serve limited English proficient 
                children;
                  [(E) implementing culturally and 
                linguistically appropriate family education 
                programs, or parent outreach and training 
                activities, that are designed to assist parents 
                of limited English proficient children to 
                become active participants in the education of 
                their children;
                  [(F) coordinating the activities carried out 
                under this section with other programs, such as 
                programs carried out under this title;
                  [(G) providing services to meet the full 
                range of the educational needs of limited 
                English proficient children;
                  [(H) annually assessing the English 
                proficiency of all limited English proficient 
                children served by the activities carried out 
                under this section; and
                  [(I) developing or improving accountability 
                systems to monitor the academic progress of 
                limited English proficient children.
          [(3) Permissible activities.--Grants awarded under 
        this section may be used for--
                  [(A) implementing programs to upgrade reading 
                and other academic skills of limited English 
                proficient children;
                  [(B) developing and using educational 
                technology to improve learning, assessments, 
                and accountability to meet the needs of limited 
                English proficient children;
                  [(C) implementing scientifically based 
                research programs to meet the needs of limited 
                English proficient children;
                  [(D) providing tutorials and academic, or 
                vocational and technical, training for limited 
                English proficient children;
                  [(E) developing and implementing State and 
                local academic content and student academic 
                achievement standards for learning English as a 
                second language, as well as for learning other 
                languages;
                  [(F) developing and implementing programs for 
                limited English proficient children to meet the 
                needs of changing populations of such children;
                  [(G) implementing policies to ensure that 
                limited English proficient children have access 
                to other education programs (other than 
                programs designed to address limited English 
                proficiency);
                  [(H) assisting limited English proficient 
                children with disabilities;
                  [(I) developing and implementing programs to 
                help children become proficient in English and 
                other languages;
                  [(J) acquiring or developing education 
                technology or instruction materials for limited 
                English proficient children, including 
                materials in languages other than English;
                  [(K) participating in electronic networks for 
                materials, training, and communication and 
                incorporating information derived from such 
                participation in curricula and programs; and
                  [(L) carrying out such other activities 
                related to the purpose of this part as the 
                Secretary may approve.
          [(4) Special rule.--
                  [(A) Planning.--A recipient of a grant under 
                this section, before carrying out activities 
                under this section, shall plan, train 
                personnel, develop curricula, and acquire or 
                develop materials, but shall not use funds made 
                available under this section for planning 
                purposes for more than 45 days.
                  [(B) Commencement of activities.--The 
                recipient shall commence carrying out 
                activities under this section not later than 
                the later of--
                          [(i) the beginning of the first 
                        school year that begins after the grant 
                        is received; or
                          [(ii) 30 days after the date of 
                        receipt of the grant.
  [(b) Availability of Appropriations.--
          [(1) Reservation of funds for continued payments.--
                  [(A) Covered grant.--In this paragraph, the 
                term ``covered grant'' means a grant--
                          [(i) that was awarded under section 
                        7112, 7113, 7114, or 7115 (as such 
                        sections were in effect on the day 
                        before the date of enactment of the No 
                        Child Left Behind Act of 2001); and
                          [(ii) for which the grant period has 
                        not ended.
                  [(B) Reservation.--For any fiscal year that 
                is part of the grant period of a covered grant, 
                the Secretary shall reserve funds for the 
                payments described in subparagraph (C) from the 
                amount appropriated for the fiscal year under 
                section 3001(a) and made available for carrying 
                out this section.
                  [(C) Payments.--The Secretary shall continue 
                to make grant payments to each entity that 
                received a covered grant, in accordance with 
                the terms of that grant, for the duration of 
                the grant period of the grant, to carry out 
                activities in accordance with the appropriate 
                section described in subparagraph (A)(i).
          [(2) Availability.--Of the amount appropriated for a 
        fiscal year under section 3001(a) that is made 
        available to carry out this section, and that remains 
        after the Secretary reserves funds for payments under 
        paragraph (1)--
                  [(A) not less than one-third of the remainder 
                shall be used to award grants to eligible 
                entities for activities carried out within an 
                entire school district; and
                  [(B) not less than two-thirds of the 
                remainder shall be used to award grants to 
                eligible entities for activities carried out 
                within individual schools.
  [(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to an applicant that--
          [(1) experiences a significant increase in the number 
        or percentage of limited English proficient children 
        enrolled in the applicant's programs and has limited or 
        no experience in serving limited English proficient 
        children;
          [(2) is a local educational agency that serves a 
        school district that has a total district enrollment 
        that is less than 10,000 students;
          [(3) demonstrates that the applicant has a proven 
        track record of success in helping limited English 
        proficient children learn English and meet high 
        academic standards; or
          [(4) serves a school district with a large number or 
        percentage of limited English proficient children.
  [(d) Eligible Entities.--In this section, the term ``eligible 
entity'' means--
          [(1) one or more local educational agencies; or
          [(2) one or more local educational agencies, in 
        collaboration with an institution of higher education, 
        community-based organization, or State educational 
        agency.]

[SEC. 3214. [20 U.S.C. 6914] APPLICATIONS.]

  [(a) In General.--
          [(1) Secretary.--To receive a grant under this 
        subpart, an eligible entity described in section 3212 
        or 3213 shall submit an application to the Secretary at 
        such time, in such form, and containing such 
        information as the Secretary may require.
          [(2) State educational agency.--The eligible entity, 
        with the exception of schools funded by the Bureau of 
        Indian Affairs, shall submit a copy of the application 
        submitted by the entity under this section to the State 
        educational agency.
  [(b) State Review and Comments.--
          [(1) Deadline.--The State educational agency, not 
        later than 45 days after receipt of an application 
        under this section, shall review the application and 
        submit the written comments of the agency regarding the 
        application to the Secretary.
          [(2) Comments.--
                  [(A) Submission of comments.--Regarding 
                applications submitted under this subpart, the 
                State educational agency shall--
                          [(i) submit to the Secretary written 
                        comments regarding all such 
                        applications; and
                          [(ii) submit to each eligible entity 
                        the comments that pertain to such 
                        entity.
                  [(B) Subject.--For purposes of this subpart, 
                such comments shall address--
                          [(i) how the activities to be carried 
                        out under the grant will further the 
                        academic achievement and English 
                        proficiency of limited English 
                        proficient children served under the 
                        grant; and
                          [(ii) how the grant application is 
                        consistent with the State plan required 
                        under section 1111.
  [(c) Eligible Entity Comments.--An eligible entity may submit 
to the Secretary comments that address the comments submitted 
by the State educational agency.
  [(d) Comment Consideration.--In making grants under this 
subpart, the Secretary shall take into consideration comments 
made by State educational agencies.
  [(e) Waiver.--Notwithstanding subsection (b), the Secretary 
is authorized to waive the review requirement specified in 
subsection (b) if a State educational agency can demonstrate 
that such review requirement may impede such agency's ability 
to fulfill the requirements of participation in the program 
authorized in section 3224, particularly such agency's ability 
to carry out data collection efforts and such agency's ability 
to provide technical assistance to local educational agencies 
not receiving funds under this subpart.
  [(f) Required Documentation.--Such application shall include 
documentation that--
          [(1) the applicant has the qualified personnel 
        required to develop, administer, and implement the 
        program proposed in the application; and
          [(2) the leadership personnel of each school 
        participating in the program have been involved in the 
        development and planning of the program in the school.
  [(g) Contents.--
          [(1) In general.--An application for a grant under 
        this subpart shall contain the following:
                  [(A) A description of the need for the 
                proposed program, including--
                          [(i) data on the number of limited 
                        English proficient children in the 
                        school or school district to be served;
                          [(ii) information on the 
                        characteristics of the children, 
                        including--
                                  [(I) the native languages of 
                                the children;
                                  [(II) the proficiency of the 
                                children in English and their 
                                native language;
                                  [(III) achievement data 
                                (current as of the date of 
                                submission of the application) 
                                for the limited English 
                                proficient children in--
                                          [(aa) reading or 
                                        language arts (in 
                                        English and in the 
                                        native language, if 
                                        applicable); and
                                          [(bb) mathematics;
                                  [(IV) a comparison of that 
                                data for the children with that 
                                data for the English proficient 
                                peers of the children; and
                                  [(V) the previous schooling 
                                experiences of the children;
                          [(iii) the professional development 
                        needs of the instruction personnel who 
                        will provide services for the limited 
                        English proficient children under the 
                        proposed program; and
                          [(iv) how the services provided 
                        through the grant will supplement the 
                        basic services provided to limited 
                        English proficient children.
                  [(B) A description of the program to be 
                implemented and how such program's design--
                          [(i) relates to the linguistic and 
                        academic needs of the limited English 
                        proficient children to be served;
                          [(ii) will ensure that the services 
                        provided through the program will 
                        supplement the basic services the 
                        applicant provides to limited English 
                        proficient children;
                          [(iii) will ensure that the program 
                        is coordinated with other programs 
                        under this Act and other Acts;
                          [(iv) involves the parents of the 
                        limited English proficient children to 
                        be served;
                          [(v) ensures accountability in 
                        achieving high academic standards; and
                          [(vi) promotes coordination of 
                        services for the limited English 
                        proficient children to be served and 
                        their families.
                  [(C) A description, if appropriate, of the 
                applicant's collaborative activities with 
                institutions of higher education, community-
                based organizations, local educational agencies 
                or State educational agencies, private schools, 
                nonprofit organizations, or businesses in 
                carrying out the proposed program.
                  [(D) An assurance that the applicant will not 
                reduce the level of State and local funds that 
                the applicant expends for language instruction 
                educational programs or special alternative 
                instruction programs if the applicant receives 
                an award under this subpart.
                  [(E) An assurance that the applicant will 
                employ teachers in the proposed program who, 
                individually or in combination, are proficient 
                in--
                          [(i) English, with respect to 
                        written, as well as oral, communication 
                        skills; and
                          [(ii) the native language of the 
                        majority of the children who the 
                        teachers teach, if instruction in the 
                        program is in the native language as 
                        well as English.
                  [(F) A budget for the grant funds.
          [(2) Additional information.--Each application for a 
        grant under section 3213 shall--
                  [(A) describe--
                          [(i) current services (as of the date 
                        of submission of the application) the 
                        applicant provides to limited English 
                        proficient children;
                          [(ii) what services limited English 
                        proficient children will receive under 
                        the grant that such children will not 
                        otherwise receive;
                          [(iii) how funds received under this 
                        subpart will be integrated with all 
                        other Federal, State, local, and 
                        private resources that may be used to 
                        serve limited English proficient 
                        children;
                          [(iv) specific achievement and school 
                        retention goals for the children to be 
                        served by the proposed program and how 
                        progress toward achieving such goals 
                        will be measured; and
                          [(v) the current family education 
                        programs (as of the date of submission 
                        of the application) of the eligible 
                        entity, if applicable; and
                  [(B) provide assurances that--
                          [(i) the program funded with the 
                        grant will be integrated with the 
                        overall educational program of the 
                        children served through the proposed 
                        program; and
                          [(ii) the application has been 
                        developed in consultation with parents 
                        and other representatives of the 
                        children to be served in such program.
  [(h) Approval of Applications.--An application for a grant 
under this subpart may be approved only if the Secretary 
determines that--
          [(1) the program proposed in the application will use 
        qualified personnel, including personnel who are 
        proficient in the language or languages used for 
        instruction;
          [(2) in designing the program, the eligible entity 
        has, after consultation with appropriate private school 
        officials--
                  [(A) taken into account the needs of children 
                in nonprofit private elementary schools and 
                secondary schools; and
                  [(B) in a manner consistent with the number 
                of such children enrolled in such schools in 
                the area to be served, whose educational needs 
                are of the type and whose language, and grade 
                levels are of a similar type to the needs, 
                language, and grade levels that the program is 
                intended to address, provided for the 
                participation of such children on a basis 
                comparable to the basis on which public school 
                children participate;
          [(3)(A) student evaluation and assessment procedures 
        in the program are valid and reliable for limited 
        English proficient children; and
          [(B) limited English proficient children with 
        disabilities will be identified and served through the 
        program in accordance with the requirements of the 
        Individuals with Disabilities Education Act;
          [(4) Federal funds made available for the program 
        will be used to supplement the State and local funds 
        that, in the absence of such Federal funds, would be 
        expended for special programs for children of limited 
        English proficient individuals, and in no case to 
        supplant such State and local funds, except that 
        nothing in this paragraph shall be construed to 
        preclude a local educational agency from using funds 
        made available under this subpart--
                  [(A) for activities carried out under an 
                order of a Federal or State court respecting 
                services to be provided to such children; or
                  [(B) to carry out a plan approved by the 
                Secretary as adequate under title VI of the 
                Civil Rights Act of 1964 with respect to 
                services to be provided to such children;
          [(5)(A) the assistance provided through the grant 
        will contribute toward building the capacity of the 
        eligible entity to provide a program on a regular 
        basis, similar to the proposed program, that will be of 
        sufficient size, scope, and quality to promise 
        significant improvement in the education of limited 
        English proficient children; and
          [(B) the eligible entity will have the resources and 
        commitment to continue the program of sufficient size, 
        scope, and quality when assistance under this subpart 
        is reduced or no longer available; and
          [(6) the eligible entity will use State and national 
        dissemination sources for program design and 
        dissemination of results and products.
  [(i) Consideration.--In determining whether to approve an 
application under this subpart, the Secretary shall give 
consideration to--
          [(1) the degree to which the program for which 
        assistance is sought involves the collaborative efforts 
        of institutions of higher education, community-based 
        organizations, the appropriate local educational agency 
        and State educational agency, or businesses; and
          [(2) whether the application provides for training 
        for personnel participating in, or preparing to 
        participate in, a program that will assist such 
        personnel in meeting State and local certification 
        requirements.]

[SEC. 3215. [20 U.S.C. 6915] CAPACITY BUILDING.]

  [Each recipient of a grant under this subpart shall use the 
grant in ways that will build such recipient's capacity to 
continue to offer high-quality language instruction educational 
programs and special alternative instruction programs to 
limited English proficient children after Federal assistance is 
reduced or eliminated.]

[SEC. 3216. [20 U.S.C. 6916] PROGRAMS FOR NATIVE AMERICANS AND PUERTO 
                    RICO.]

  [Notwithstanding any other provision of this part, 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.]

[SEC. 3217. [20 U.S.C. 6917] EVALUATIONS.]

  [(a) Evaluation.--Each recipient of funds under this subpart 
for a program shall annually conduct an evaluation of the 
program and submit to the Secretary a report concerning the 
evaluation, in the form prescribed by the Secretary.
  [(b) Use of Evaluation.--Such evaluation shall be used by the 
grant recipient--
          [(1) for program improvement;
          [(2) to further define the program's goals and 
        objectives; and
          [(3) to determine program effectiveness.
  [(c) Evaluation Report Components.--In preparing the 
evaluation reports, the recipient shall--
          [(1) use the data provided in the application 
        submitted by the recipient under section 3214 as 
        baseline data against which to report academic 
        achievement and gains in English proficiency for 
        children in the program;
          [(2) disaggregate the results of the evaluation by 
        gender, native languages spoken by children, 
        socioeconomic status, and whether the children have 
        disabilities;
          [(3) include data on the progress of the recipient in 
        achieving the objectives of the program, including data 
        demonstrating the extent to which children served by 
        the program are meeting the challenging State academic 
        content and student academic achievement standards, and 
        including data comparing limited English proficient 
        children with English proficient children with regard 
        to school retention and academic achievement 
        concerning--
                  [(A) reading and language arts;
                  [(B) English proficiency;
                  [(C) mathematics; and
                  [(D) the native language of the children, if 
                the program develops native language 
                proficiency;
          [(4) include information on the extent that 
        professional development activities carried out through 
        the program have resulted in improved classroom 
        practices and improved student academic achievement;
          [lude description of how the activities carried out 
        through the program are coordinated and integrated with 
        the other Federal, State, or local programs serving 
        limited English proficient children; and
          [(6) include such other information as the Secretary 
        may require.]

[SEC. 3218. [20 U.S.C. 6918] CONSTRUCTION.]

  [Nothing in this subpart shall be construed to prohibit a 
local educational agency from serving limited English 
proficient children simultaneously with children with similar 
educational needs, in the same educational settings where 
appropriate.]

          [Subpart 2--Research, Evaluation, and Dissemination]

[SEC. 3221. [20 U.S.C. 6931] AUTHORITY.]

  [(a) In General.--The Secretary is authorized to conduct data 
collection, dissemination, research, and ongoing program 
evaluation activities in accordance with the provisions of this 
subpart for the purpose of improving language instruction 
educational programs and special alternative instruction 
programs for limited English proficient children.
  [(b) Competitive Awards.--Research and program evaluation 
activities carried out under this subpart shall be supported 
through competitive grants, contracts, and cooperative 
agreements awarded to institutions of higher education, 
nonprofit organizations, State educational agencies, and local 
educational agencies.
  [(c) Administration.--The Secretary shall conduct data 
collection, dissemination, and ongoing program evaluation 
activities authorized by this subpart through the Office of 
English Language Acquisition, Language Enhancement, and 
Academic Achievement for Limited English Proficient Students.]

[SEC. 3222. [20 U.S.C. 6932] RESEARCH.]

  [(a) Administration.--The Secretary shall conduct research 
activities authorized by this subpart through the Institute of 
Education Sciences in coordination and collaboration with the 
Office of English Language Acquisition, Language Enhancement, 
and Academic Achievement for Limited English Proficient 
Students.
  [(b) Requirements.--Such research activities--
          [(1) shall have a practical application to teachers, 
        counselors, paraprofessionals, school administrators, 
        parents, and others involved in improving the education 
        of limited English proficient children and their 
        families;
          [(2) may include research on effective instruction 
        practices for multilingual classes, and on effective 
        instruction strategies to be used by a teacher or other 
        staff member who does not know the native language of a 
        limited English proficient child in the teacher's or 
        staff member's classroom;
          [(3) may include establishing (through the National 
        Center for Education Statistics in consultation with 
        experts in second language acquisition and 
        scientifically based research on teaching limited 
        English proficient children) a common definition of 
        ``limited English proficient child'' for purposes of 
        national data collection; and
          [(4) shall be administered by individuals with 
        expertise in second language acquisition, 
        scientifically based research on teaching limited 
        English proficient children, and the needs of limited 
        English proficient children and their families.
  [(c) Field-Initiated Research.--
          [(1) In general.--The Secretary shall reserve not 
        less than 5 percent of the funds made available to 
        carry out this section for field-initiated research 
        conducted by recipients of grants under subpart 1 or 
        this subpart who have received such grants within the 
        previous 5 years. Such research may provide for 
        longitudinal studies of limited English proficient 
        children or teachers who serve such children, 
        monitoring the education of such children from entry 
        into language instruction educational programs through 
        secondary school completion.
          [(2) Applications.--An applicant for assistance under 
        this subsection may submit an application for such 
        assistance to the Secretary at the same time as the 
        applicant submits another application under subpart 1 
        or this subpart. The Secretary shall complete a review 
        of such applications on a timely basis to allow the 
        activities carried out under research and program 
        grants to be coordinated when recipients are awarded 
        two or more of such grants.
  [(d) Consultation.--The Secretary shall consult with 
agencies, organizations, and individuals that are engaged in 
research and practice on the education of limited English 
proficient children, language instruction educational programs, 
or related research, to identify areas of study and activities 
to be funded under this section.
  [(e) Data Collection.--The Secretary shall provide for the 
collection of data on limited English proficient children as 
part of the data systems operated by the Department.]

[SEC. 3223. [20 U.S.C. 6933] ACADEMIC EXCELLENCE AWARDS.]

  [(a) Authority.--The Secretary may make grants to State 
educational agencies to assist the agencies in recognizing 
local educational agencies and other public and nonprofit 
entities whose programs have--
          [(1) demonstrated significant progress in assisting 
        limited English proficient children to learn English 
        according to age appropriate and developmentally 
        appropriate standards; and
          [(2) demonstrated significant progress in assisting 
        limited English proficient children to meet, according 
        to age appropriate and developmentally appropriate 
        standards, the same challenging State academic content 
        and student academic achievement standards as all 
        children are expected to meet.
  [(b) Applications.--A State educational agency desiring a 
grant under this section shall include an application for such 
grant in the application submitted by the agency under section 
3224(e).]

[SEC. 3224. [20 U.S.C. 6934] STATE GRANT PROGRAM.]

  [(a) State Grant Program.--The Secretary is authorized to 
make an award to a State educational agency that demonstrates, 
to the satisfaction of the Secretary, that such agency, through 
such agency's programs and other Federal education programs, 
effectively provides for the education of limited English 
proficient children within the State.
  [(b) Payments.--The amount paid to a State educational agency 
under subsection (a) shall not exceed 5 percent of the total 
amount awarded to local educational agencies and entities 
within the State under subpart 1 for the previous fiscal year, 
except that in no case shall the amount paid by the Secretary 
to any State educational agency under this subsection for any 
fiscal year be less than $100,000.
  [(c) Use of Funds.--
          [(1) In general.--A State educational agency shall 
        use funds awarded under this section--
                  [(A) to assist local educational agencies in 
                the State with activities that--
                          [(i) consist of program design, 
                        capacity building, assessment of 
                        student academic achievement, program 
                        evaluation, and development of data 
                        collection and accountability systems 
                        for limited English proficient 
                        children; and
                          [(ii) are aligned with State reform 
                        efforts; and
                  [(B) to collect data on the State's limited 
                English proficient populations and document the 
                services available to all such populations.
          [(2) Training.--The State educational agency may also 
        use funds provided under this section for the training 
        of State educational agency personnel in educational 
        issues affecting limited English proficient children.
          [(3) Special rule.--Recipients of funds under this 
        section shall not restrict the provision of services 
        under this section to federally funded programs.
  [(d) State Consultation.--A State educational agency 
receiving funds under this section shall consult with 
recipients of grants under this subpart and other individuals 
or organizations involved in the development or operation of 
programs serving limited English proficient children to ensure 
that such funds are used in a manner consistent with the 
requirements of this subpart.
  [(e) Applications.--A State educational agency desiring to 
receive funds under this section shall submit an application to 
the Secretary at such time, in such form, and containing such 
information and assurances as the Secretary may require.
  [(f) Supplement, Not Supplant.--Federal funds made available 
under this section for any fiscal year shall be used by the 
State educational agency to supplement and, to the extent 
practical, to increase the State funds that, in the absence of 
such Federal funds, would be made available for the purposes 
described in this section, and in no case to supplant such 
State funds.
  [(g) Report to the Secretary.--A State educational agency 
receiving an award under this section shall provide for the 
annual submission of a summary report to the Secretary 
describing such State's use of the funds made available through 
the award.]

[SEC. 3225. [20 U.S.C. 6935] INSTRUCTION MATERIALS DEVELOPMENT.]

  [(a) In General.--The Secretary may make grants for the 
development, publication, and dissemination of high-quality 
instruction materials--
          [(1) in Native American languages (including Native 
        Hawaiian languages and the language of Native American 
        Pacific Islanders), and the language of natives of the 
        outlying areas, for which instruction materials are not 
        readily available; and
          [(2) in other low-incidence languages in the United 
        States for which instruction materials are not readily 
        available.
  [(b) Priority.--In making the grants, the Secretary shall 
give priority to applicants for the grants who propose--
          [(1) to develop instruction materials in languages 
        indigenous to the United States or the outlying areas; 
        and
          [(2) to develop and evaluate materials, in 
        collaboration with entities carrying out activities 
        assisted under subpart 1 and this subpart, that are 
        consistent with challenging State academic content and 
        student academic achievement standards.]

                 [Subpart 3--Professional Development]

[SEC. 3231. [20 U.S.C. 6951] PROFESSIONAL DEVELOPMENT GRANTS.]

  [(a) Purpose.--The purpose of this section is to provide 
assistance to prepare educators to improve educational services 
for limited English proficient children by--
          [(1) supporting professional development programs and 
        activities to prepare teachers, pupil service 
        personnel, administrators, and other educational 
        personnel working in language instruction educational 
        programs to provide effective services to limited 
        English proficient children;
          [(2) incorporating curricula and resources concerning 
        appropriate and effective instruction and assessment 
        methodologies specific to limited English proficient 
        children into preservice and inservice professional 
        development programs;
          [(3) upgrading the qualifications and skills of non-
        certified educational personnel, including 
        paraprofessionals, to enable such personnel to meet 
        high professional standards for educating limited 
        English proficient children;
          [(4) improving the quality of professional 
        development programs in schools or departments of 
        education at institutions of higher education, for 
        educational personnel serving, or preparing to serve, 
        limited English proficient children; and
          [(5) supporting the recruitment and training of 
        prospective educational personnel to serve limited 
        English proficient children by providing fellowships 
        for undergraduate, graduate, doctoral, and post-
        doctoral study related to the instruction of such 
        children.
  [(b) Authorization.--
          [(1) In general.--The Secretary is authorized to 
        award grants under this section to--
                  [(A) State educational agencies;
                  [(B) local educational agencies;
                  [(C) institutions of higher education; or
                  [(D) consortia of one or more local 
                educational agencies, State educational 
                agencies, institutions of higher education, 
                for-profit organizations, or nonprofit 
                organizations.
          [(2) Duration.--Each grant awarded under this section 
        shall be awarded for a period of not more than 4 years.
  [(c) Authorized Activities.--Grants awarded under this 
section shall be used to conduct high-quality professional 
development programs and effective activities to improve the 
quality of instruction and services provided to limited English 
proficient children, including--
          [(1) implementing preservice and inservice 
        professional development programs for teachers who 
        serve limited English proficient children, 
        administrators, and other educational personnel who are 
        preparing to provide educational services for limited 
        English proficient children, including professional 
        development programs that assist limited English 
        proficient children to attain English proficiency;
          [(2) implementing school-based collaborative efforts 
        among teachers to improve instruction in core academic 
        subjects, especially reading, for limited English 
        proficient children;
          [(3) developing and implementing programs to assist 
        beginning teachers who serve limited English proficient 
        children with transitioning to the teaching profession, 
        including programs that provide mentoring and team 
        teaching with trained and experienced teachers;
          [(4) implementing programs that support effective 
        teacher use of education technologies to improve 
        instruction and assessment;
          [(5) developing curricular materials and assessments 
        for teachers that are appropriate to the needs of 
        limited English proficient children, and that are 
        aligned with challenging State academic content and 
        student academic achievement standards, including 
        materials and assessments that ensure limited English 
        proficient children attain English proficiency;
          [(6) integrating and coordinating activities with 
        entities carrying out other programs consistent with 
        the purpose of this section and supported under this 
        Act, or other Acts as appropriate;
          [(7) developing and implementing career ladder 
        programs to upgrade the qualifications and skills of 
        non-certified educational personnel working in, or 
        preparing to work in, language instruction educational 
        programs to enable such personnel to meet high 
        professional standards, including standards for 
        certification and licensure as teachers;
          [(8) developing and implementing activities to help 
        recruit and train secondary school students as teachers 
        who serve limited English proficient children;
          [(9) providing fellowships and assistance for costs 
        related to enrollment in a course of study at an 
        institution of higher education that addresses the 
        instruction of limited English proficient children in 
        such areas as teacher training, program administration, 
        research, evaluation, and curriculum development, and 
        for the support of dissertation research related to 
        such study, except that any person receiving such a 
        fellowship or assistance shall agree to--
                  [(A) work in an activity related to improving 
                the educational services for limited English 
                proficient children authorized under this 
                subpart, including work as a teacher that 
                serves limited English proficient children, for 
                a period of time equivalent to the period of 
                time during which such person receives 
                assistance under this paragraph; or
                  [(B) repay such assistance; and
          [(10) carrying out such other activities as are 
        consistent with the purpose of this section.
  [(d) Application.--
          [(1) In general.--Each eligible entity desiring a 
        grant under this section shall submit an application to 
        the Secretary at such time, in such form, and 
        containing such information as the Secretary may 
        require.
          [(2) Contents.--Each application shall--
                  [(A) describe the programs and activities 
                proposed to be developed, implemented, and 
                administered under the award;
                  [(B) describe how the applicant has consulted 
                with, and assessed the needs of, public and 
                private schools serving limited English 
                proficient children to determine such schools' 
                need for, and the design of, the program for 
                which funds are sought; and
                  [(C) describe how the programs and activities 
                to be carried out under the award will be used 
                to ensure that limited English proficient 
                children meet challenging State academic 
                content and student academic achievement 
                standards and attain English proficiency.
          [(3) Special rule.--An eligible entity that proposes 
        to conduct a master's-level or doctoral-level program 
        with funds received under this section shall include in 
        the entity's application an assurance that such program 
        will include a training practicum in a local elementary 
        school or secondary school program serving limited 
        English proficient children.
          [(4) Outreach and technical assistance.--The 
        Secretary shall provide for outreach and technical 
        assistance to institutions of higher education eligible 
        for assistance under title III of the Higher Education 
        Act of 1965, and institutions of higher education that 
        are operated or funded by the Bureau of Indian Affairs, 
        to facilitate the participation of such institutions in 
        programs and activities under this section.
          [(5) Distribution rule.--In making awards under this 
        section, the Secretary shall ensure adequate 
        representation of Hispanic-serving institutions that 
        demonstrate competence and experience in carrying out 
        the programs and activities authorized under this 
        section and that are otherwise qualified.
  [(e) Priorities in Awarding Grants.--
          [(1) Grants to agencies.--In awarding grants to State 
        educational agencies and local educational agencies 
        under this section, the Secretary shall give priority 
        to agencies that propose programs and activities 
        designed to implement professional development programs 
        for teachers and educational personnel who are 
        providing or preparing to provide educational services 
        for limited English proficient children, including 
        services provided through language instruction 
        educational programs, that ensure such children attain 
        English proficiency and meet challenging State academic 
        content and student academic achievement standards.
          [(2) Grants to institutions of higher education.--In 
        awarding grants to institutions of higher education 
        under this section, the Secretary shall give priority 
        to institutions that propose programs and activities to 
        recruit and upgrade the qualifications and skills of 
        certified and non-certified educational personnel by 
        offering degree programs that prepare beginning 
        teachers to serve limited English proficient children.
  [(f) Program Evaluations.--Each recipient of an award under 
this section for a program or activity shall annually conduct 
an independent evaluation of the program or activity and submit 
to the Secretary a report containing such evaluation. Such 
report shall include information on--
          [(1) the program or activity conducted by the 
        recipient to provide high-quality professional 
        development to participants in such program or 
        activity;
          [(2) the number of participants served through the 
        program or activity, the number of participants who 
        completed the requirements of the program or activity, 
        and the number of participants who took positions in an 
        instruction setting with limited English proficient 
        children;
          [(3) the effectiveness of the program or activity in 
        imparting the professional skills necessary for 
        participants to achieve the objectives of the program 
        or activity; and
          [(4) the teaching effectiveness of graduates of the 
        program or activity or other participants who have 
        completed the program or activity.]

           [Subpart 4--Emergency Immigrant Education Program]

[SEC. 3241. [20 U.S.C. 6961] PURPOSE.]

  [The purpose of this subpart is to assist eligible local 
educational agencies that experience unexpectedly large 
increases in their student population due to immigration--
          [(1) to provide high-quality instruction to immigrant 
        children and youth; and
          [(2) to help such children and youth--
                  [(A) with their transition into American 
                society; and
                  [(B) meet the same challenging State academic 
                content and student academic achievement 
                standards as all children are expected to 
                meet.]

[SEC. 3242. [20 U.S.C. 6962] STATE ADMINISTRATIVE COSTS.]

  [For any fiscal year, a State educational agency may reserve 
not more than 1.5 percent (2 percent if the State educational 
agency distributes funds received under this subpart to local 
educational agencies on a competitive basis) of the amount 
allotted to such agency under section 3244 to pay the costs of 
performing such agency's administrative functions under this 
subpart.]

[SEC. 3243. [20 U.S.C. 6963] WITHHOLDING.]

  [Whenever the Secretary, after providing reasonable notice 
and opportunity for a hearing to any State educational agency, 
finds that there is a failure to comply with a requirement of 
any provision of this subpart, the Secretary shall notify that 
agency that further payments will not be made to the agency 
under this subpart or, in the discretion of the Secretary, that 
the State educational agency shall not make further payments 
under this subpart to specified local educational agencies 
whose actions cause or are involved in such failure until the 
Secretary is satisfied that there is no longer any such failure 
to comply. Until the Secretary is so satisfied, no further 
payments shall be made to the State educational agency under 
this subpart, or payments by the State educational agency under 
this subpart shall be limited to local educational agencies 
whose actions did not cause or were not involved in the 
failure, as the case may be.]

[SEC. 3244. [20 U.S.C. 6964] STATE ALLOTMENTS.]

  [(a) Payments.--The Secretary shall, in accordance with the 
provisions of this section, make payments to State educational 
agencies for each of the fiscal years 2002 through 2008 for the 
purpose set forth in section 3241.
  [(b) Allotments.--
          [(1) In general.--Except as provided in subsections 
        (c) and (d), of the amount appropriated for each fiscal 
        year for this subpart, each State participating in the 
        program assisted under this subpart shall receive an 
        allotment equal to the proportion of the number of 
        immigrant children and youth who are enrolled in public 
        elementary schools or secondary schools under the 
        jurisdiction of each local educational agency described 
        in paragraph (2), and in nonpublic elementary schools 
        or secondary schools within the district served by each 
        such local educational agency within such State, 
        relative to the total number of immigrant children and 
        youth so enrolled in all the States participating in 
        the program assisted under this subpart.
          [(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is a 
        local educational agency for which the sum of the 
        number of immigrant children and youth who are enrolled 
        in public elementary schools or secondary schools under 
        the jurisdiction of such agency, and in nonpublic 
        elementary schools or secondary schools within the 
        district served by such agency, during the fiscal year 
        for which the payments are to be made under this 
        subpart, is equal to at least--
                  [(A) 500; or
                  [(B) 3 percent of the total number of 
                children enrolled in such public or nonpublic 
                schools during such fiscal year,
        whichever is less.
  [(c) Determinations of Number of Children and Youth.--
          [(1) In general.--Determinations by the Secretary 
        under this section for any period with respect to the 
        number of immigrant children and youth shall be made on 
        the basis of data or estimates provided to the 
        Secretary by each State educational agency in 
        accordance with criteria established by the Secretary, 
        unless the Secretary determines, after notice and 
        opportunity for a hearing to the affected State 
        educational agency, that such data or estimates are 
        clearly erroneous.
          [(2) Special rule.--No such determination with 
        respect to the number of immigrant children and youth 
        shall operate because of an underestimate or 
        overestimate to deprive any State educational agency of 
        the allotment under this section that such State would 
        otherwise have received had such determination been 
        made on the basis of accurate data.
  [(d) Reallotment.--
          [(1) In general.--Whenever the Secretary determines 
        that any amount of a payment made to a State under this 
        subpart for a fiscal year will not be used by such 
        State for carrying out the purpose for which the 
        payment was made, the Secretary shall make such amount 
        available for carrying out such purpose to one or more 
        other States to the extent the Secretary determines 
        that such other States will be able to use such 
        additional amount for carrying out such purpose.
          [(2) Fiscal year.--Any amount made available to a 
        State from any appropriation for a fiscal year in 
        accordance with paragraph (1) shall, for purposes of 
        this subpart, be regarded as part of such State's 
        payment (as determined under subsection (b)) for such 
        year, but shall remain available until the end of the 
        succeeding fiscal year.
  [(e) Reservation of Funds.--
          [(1) In general.--Notwithstanding any other provision 
        of this subpart, if the amount appropriated to carry 
        out this subpart exceeds $50,000,000 for a fiscal year, 
        a State educational agency may reserve not more than 20 
        percent of such agency's payment under this subpart for 
        such year to award grants, on a competitive basis, to 
        local educational agencies within the State as follows:
                  [(A) Agencies with immigrant children and 
                youth.--At least \1/2\ of the funds reserved 
                under this paragraph shall be made available to 
                eligible local educational agencies (as 
                described in subsection (b)(2)) within the 
                State with the highest numbers and percentages 
                of immigrant children and youth.
                  [(B) Agencies with a sudden influx of 
                children and youth.--Funds reserved under this 
                paragraph and not made available under 
                subparagraph (A) may be distributed to local 
                educational agencies within the State that are 
                experiencing a sudden influx of immigrant 
                children and youth and that are otherwise not 
                eligible for assistance under this subpart.
          [(2) Use of grant funds.--Each local educational 
        agency receiving a grant under paragraph (1) shall use 
        such grant funds to carry out the activities described 
        in section 3247.
          [(3) Information.--Local educational agencies 
        receiving funds under paragraph (1) with the highest 
        number of immigrant children and youth may make 
        information available on serving immigrant children and 
        youth to local educational agencies in the State with 
        sparse numbers of such children and youth.]

[SEC. 3245. [20 U.S.C. 6965] STATE APPLICATIONS.]

  [(a) Submission.--No State educational agency shall receive 
any payment under this subpart for any fiscal year unless such 
agency submits an application to the Secretary at such time, in 
such manner, and containing or accompanied by such information, 
as the Secretary may reasonably require. Each such application 
shall--
          [(1) provide that the educational programs, services, 
        and activities for which payments under this subpart 
        are made will be administered by or under the 
        supervision of the agency;
          [(2) provide assurances that payments under this 
        subpart will be used for purposes set forth in sections 
        3241 and 3247, including a description of how local 
        educational agencies receiving funds under this subpart 
        will use such funds to meet such purposes and will 
        coordinate with entities carrying out other programs 
        and activities assisted under this Act, and other Acts 
        as appropriate;
          [(3) provide an assurance that local educational 
        agencies receiving funds under this subpart will 
        coordinate the use of such funds with entities carrying 
        out programs and activities assisted under part A of 
        title I;
          [(4) provide assurances that such payments, with the 
        exception of payments reserved under section 3244(e), 
        will be distributed among local educational agencies 
        within that State on the basis of the number of 
        immigrant children and youth counted with respect to 
        each such local educational agency under section 
        3244(b)(1);
          [(5) provide assurances that the State educational 
        agency will not finally disapprove in whole or in part 
        any application for funds received under this subpart 
        without first affording the local educational agency 
        submitting an application for such funds reasonable 
        notice and opportunity for a hearing;
          [(6) provide for making such reports as the Secretary 
        may reasonably require to perform the Secretary's 
        functions under this subpart;
          [(7) provide assurances--
                  [(A) that to the extent consistent with the 
                number of immigrant children and youth enrolled 
                in the nonpublic elementary schools or 
                secondary schools within the district served by 
                a local educational agency, such agency, after 
                consultation with appropriate officials of such 
                schools, shall provide for the benefit of such 
                children and youth secular, neutral, and 
                nonideological services, materials, and 
                equipment necessary for the education of such 
                children and youth;
                  [(B) that the control of funds provided under 
                this subpart for any materials or equipment, or 
                property repaired, remodeled, or constructed 
                with those funds shall be in a public agency 
                for the uses and purpose provided in this 
                subpart, and a public agency shall administer 
                such funds and property; and
                  [(C) that the provision of services pursuant 
                to this paragraph shall be provided by 
                employees of a public agency or through 
                contract by such public agency with a person, 
                association, agency, or corporation who or 
                which, in the provision of such services, is 
                independent of such nonpublic elementary school 
                or secondary school and of any religious 
                organization, and such employment or contract 
                shall be under the control and supervision of 
                such public agency, and the funds provided 
                under this paragraph shall not be commingled 
                with State or local funds;
          [(8) provide that funds reserved under section 
        3244(e) be awarded on a competitive basis based on 
        merit and need in accordance with such section; and
          [(9) provide an assurance that the State educational 
        agency and local educational agencies in the State 
        receiving funds under this subpart will comply with the 
        requirements of section 1120(b).
  [(b) Application Review.--
          [(1) In general.--The Secretary shall review all 
        applications submitted pursuant to this section by 
        State educational agencies.
          [(2) Approval.--The Secretary shall approve any 
        application submitted by a State educational agency 
        that meets the requirements of this section.
          [(3) Disapproval.--The Secretary shall disapprove any 
        application submitted by a State educational agency 
        that does not meet the requirements of this section, 
        but shall not finally disapprove an application except 
        after providing reasonable notice, technical 
        assistance, and an opportunity for a hearing to the 
        State educational agency.]

[SEC. 3246. [20 U.S.C. 6966] ADMINISTRATIVE PROVISIONS.]

  [(a) Notification of Amount.--The Secretary, not later than 
June 1 of each year, shall notify each State educational agency 
that has an application approved under section 3245 of the 
amount of such agency's allotment under section 3244 for the 
succeeding year.
  [(b) Services to Immigrant Children and Youth Enrolled in 
Nonpublic Schools.--If by reason of any provision of law a 
local educational agency is prohibited from providing 
educational services for immigrant children and youth enrolled 
in nonpublic elementary schools and secondary schools, as 
required by section 3245(a)(7), or if the Secretary determines 
that a local educational agency has substantially failed or is 
unwilling to provide for the participation on an equitable 
basis of such children and youth enrolled in such schools, the 
Secretary may waive such requirement and shall arrange for the 
provision of services, subject to the requirements of this 
subpart, to such children and youth. Such waivers shall be 
subject to consultation, withholding, notice, and judicial 
review requirements in accordance with the provisions of title 
I.]

[SEC. 3247. [20 U.S.C. 6967] USES OF FUNDS.]

  [(a) Use of Funds.--Funds awarded under this subpart shall be 
used to pay for enhanced instructional opportunities for 
immigrant children and youth, which may include--
          [(1) family literacy, parent outreach, and training 
        activities designed to assist parents to become active 
        participants in the education of their children;
          [(2) support of personnel, including teacher aides 
        who have been specifically trained, or are being 
        trained, to provide services to immigrant children and 
        youth;
          [(3) tutorials, mentoring, and academic or career 
        counseling for immigrant children and youth;
          [(4) identification and acquisition of curricular 
        materials, educational software, and technologies;
          [(5) the provision of basic instruction services that 
        are directly attributable to the presence in the school 
        district of immigrant children and youth, including 
        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; and
          [(6) such other activities, related to the purpose of 
        this subpart, as the Secretary may authorize.
  [(b) Consortia.--A local educational agency that receives a 
grant under this subpart may collaborate or form a consortium 
with one or more local educational agencies, institutions of 
higher education, and nonprofit organizations to carry out a 
program described in an application approved under this 
subpart.
  [(c) Subgrants.--A local educational agency that receives a 
grant under this subpart may, with the approval of the 
Secretary, make a subgrant to, or enter into a contract with, 
an institution of higher education, a nonprofit organization, 
or a consortium of such institutions or organizations to carry 
out a program described in an application approved under this 
subpart, including a program to serve out-of-school youth.
  [(d) Construction.--Nothing in this subpart shall be 
construed to prohibit a local educational agency from serving 
immigrant children and youth simultaneously with children and 
youth with similar educational needs, in the same educational 
settings where appropriate.]

[SEC. 3248. REPORTS.]

  [(a) Biennial Report.--Each State educational agency 
receiving funds under this subpart shall submit, once every 2 
years, a report to the Secretary concerning the expenditure of 
funds by local educational agencies under this subpart. Each 
local educational agency receiving funds under this subpart 
shall submit to the State educational agency such information 
as may be necessary for such report.
  [(b) Report to Congress.--The Secretary shall submit, once 
every 2 years, a report to the appropriate committees of 
Congress concerning programs assisted under this subpart.]

                      [Subpart 5--Administration]

[SEC. 3251. RELEASE TIME.]

  [The Secretary shall allow entities carrying out professional 
development programs funded under this part to use funds 
provided under this part for professional release time to 
enable individuals to participate in programs assisted under 
this part.]

[SEC. 3252. NOTIFICATION.]

  [A State educational agency, and when applicable, the State 
board for postsecondary education, shall be notified within 3 
working days after the date an award under this part is made to 
an eligible entity within the State.]

[SEC. 3253. COORDINATION AND REPORTING REQUIREMENTS.]

  [(a) Coordination With Related Programs.--In order to 
maximize Federal efforts aimed at serving the educational needs 
of children and youth of limited English proficiency, the 
Secretary shall coordinate and ensure close cooperation with 
other programs serving language-minority and limited English 
proficient children that are administered by the Department and 
other agencies. The Secretary shall consult with the Secretary 
of Labor, the Secretary of Health and Human Services, the 
Secretary of Agriculture, the Attorney General, and the heads 
of other relevant agencies to identify and eliminate barriers 
to appropriate coordination of programs that affect language-
minority and limited English proficient children and their 
families. The Secretary shall provide for continuing 
consultation and collaboration, between the Office of English 
Language Acquisition, Language Enhancement, and Academic 
Achievement for Limited English Proficient Students and 
relevant programs operated by the Department, including 
programs under this part and other programs under this Act, in 
planning, contracts, providing joint technical assistance, 
providing joint field monitoring activities and in other 
relevant activities to ensure effective program coordination to 
provide high-quality educational opportunities to all language-
minority and limited English proficient children.
  [(b) Data.--The Secretary shall, to the extent feasible, 
ensure that all data collected by the Department shall include 
the collection and reporting of data on limited English 
proficient children.
  [(c) Publication of Proposals.--The Secretary shall publish 
and disseminate all requests for proposals for programs funded 
under this part.
  [(d) Report.--The Director shall prepare and, not later than 
February 1 of every other year, shall submit to the Secretary, 
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 
        limited English proficient children under this part, 
        and the effectiveness of such programs and activities 
        in improving the academic achievement and English 
        proficiency of children who are limited English 
        proficient;
          [(2) containing a critical synthesis of data reported 
        by States under section 3224, when applicable;
          [(3) containing an estimate of the number of 
        certified or licensed teachers working in language 
        instruction educational programs and educating limited 
        English proficient children, and an estimate of the 
        number of such teachers that will be needed for the 
        succeeding 5 fiscal years;
          [(4) containing the major findings of scientifically 
        based research carried out under this part; and
          [(5) containing other information gathered from the 
        reports submitted to the Secretary under this title 
        when applicable.]

           *       *       *       *       *       *       *


                     PART [C]B--GENERAL PROVISIONS

SEC. [3301]3201. DEFINITIONS.

  Except as otherwise provided, in this title:
          (1) Child.--* * *

           *       *       *       *       *       *       *

          (4) Director.--* * *
          (5) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) 1 or more local educational agencies; or
                  (B) 1 or more local educational agencies, in 
                collaboration with an institution of higher 
                education, community-based organization, or 
                State educational agency.
          [(5)](6) Family education program.--The term ``family 
        education program'' means a language instruction 
        educational program or special alternative instruction 
        program that--
                  (A) is designed--
                          (i) to help [limited English 
                        proficient adults]adults who meets the 
                        English learner requirements described 
                        in subparagraphs (C) and (D) of section 
                        9101(23) and out-of-school youths 
                        achieve [English proficiency]English 
                        language proficiency; and
                          (ii) to provide instruction on how 
                        parents and family members can 
                        facilitate the educational achievement 
                        of their children[;]; and
                  [(B) when feasible, uses instructional 
                programs based on models developed under the 
                Even Start Family Literacy Programs, which 
                promote adult literacy and train parents to 
                support the educational growth of their 
                children, the Parents as Teachers Program, and 
                the Home Instruction Program for Preschool 
                Youngsters; and]
                  [(C)](B) * * *
          [(6)](7) * * *

           *       *       *       *       *       *       *

          [(7)](8) * * *
          [(8)](9) Language instruction educational program.--
        The term ``language instruction educational program'' 
        means an instruction course--
                  (A) in which [a limited English proficient 
                child]an English learner is placed for the 
                purpose of developing and attaining English 
                proficiency, while meeting [challenging State 
                academic content and student academic 
                achievement standards, as required by section 
                1111(b)(1)]college and career ready academic 
                content and student academic achievement 
                standards, as required by section 1111(a)(1); 
                and
                  (B) * * *
          [(9)](10) * * *
          [(10)](11) * * *

           *       *       *       *       *       *       *

          [(11)](12) Native language.--The term ``native 
        language'', when used with reference to [an individual 
        of limited English proficiency,]an individual who meets 
        the English learner requirements described in 
        subparagraphs (C) and (D) of section 9101(23), 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.
          [(12)](13) * * *
          [(13) Specially qualified agency.--The term 
        ``specially qualified agency'' means an eligible 
        entity, as defined in section 3141, in a State whose 
        State educational agency--
                  [(A) does not participate in a program under 
                subpart 1 of part A for a fiscal year; or
                  [(B) 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 
                such subpart.]
          (14) State.--* * *

           *       *       *       *       *       *       *


[SEC. [3302]3202. [20 U.S.C. 7012] PARENTAL NOTIFICATION.]

  [(a) In General.--Each eligible entity using funds provided 
under this title to provide a language instruction educational 
program shall, not later than 30 days after the beginning of 
the school year, inform a parent or the parents of a limited 
English proficient child identified for participation in, or 
participating in, such program of--
          [(1) the reasons for the identification of their 
        child as limited English proficient and in need of 
        placement in a language instruction educational 
        program;
          [(2) the child's level of English proficiency, how 
        such level was assessed, and the status of the child's 
        academic achievement;
          [(3) the method 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, instruction goals, and use of English and a 
        native language in instruction;
          [(4) how the program in which their child is, or will 
        be participating will meet the educational strengths 
        and needs of the child;
          [(5) how such program will specifically help their 
        child learn English, and meet age appropriate academic 
        achievement standards for grade promotion and 
        graduation;
          [(6) the specific exit requirements for such program, 
        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 title are used for children in 
        secondary schools;
          [(7) in the case of a child with a disability, how 
        such program meets the objectives of the individualized 
        education program of the child; and
          [(8) information pertaining to parental rights that 
        includes written guidance--
                  [(A) 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
                  [(B) 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 subsection (a), each 
eligible entity that is using funds provided under this title 
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.
  [(c) Receipt of Information.--The information required to be 
provided under subsections (a) and (b) to a parent shall be 
provided in an understandable and uniform format and, to the 
extent practicable, in a language that the parent can 
understand.
  [(d) Special Rule Applicable During School Year.--For a child 
who has not been identified for participation in a language 
instruction educational program prior to the beginning of the 
school year, the eligible entity shall carry out subsections 
(a) through (c) with respect to the parents of the child within 
2 weeks of the child being placed in such a program.
  [(e) Parental Participation.--
          [(1) In General.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program shall implement an 
        effective means of outreach to parents of limited 
        English proficient children to inform such parents of 
        how they can--
                  [(A) be involved in the education of their 
                children; and
                  [(B) be active participants in assisting 
                their children--
                          [(i) to learn English;
                          [(ii) to achieve at high levels in 
                        core academic subjects; and
                          [(iii) to meet the same challenging 
                        State academic content and student 
                        academic achievement standards as all 
                        children are expected to meet.
          [(2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
  [(f) Basis for Admission or Exclusion.--A child shall not be 
admitted to, or excluded from, any federally assisted education 
program on the basis of a surname or language-minority status.]

SEC. 3202. PARENTAL NOTIFICATION.

  (a) In General.--Each eligible entity receiving funds under 
this title to provide a language instruction educational 
program and academic content instruction program shall, not 
later than 30 days after the beginning of the school year, 
inform a parent or the parents of an English learner identified 
for participation in, or participating in, such program of--
          (1) the reasons for the identification of their child 
        as an English learner and in need of placement in a 
        language instruction educational program and academic 
        content instruction program;
          (2) the child's level of English language 
        proficiency, how that level was assessed, and the 
        status of the child's academic achievement;
          (3) the method 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 use of English and a 
        native language in instruction;
          (4) how the program in which their child is, or will 
        be participating, will appropriately respond to the 
        educational strengths and needs of the child;
          (5) how the program will specifically help their 
        child learn English and reflect age appropriate 
        academic achievement standards for grade promotion and 
        graduation;
          (6) the specific exit requirements for the program, 
        the expected rate of transition from the program into 
        classrooms that are not tailored for English learners, 
        and the expected rate of graduation from secondary 
        school for English learners in the program if the child 
        is in secondary school;
          (7) in the case of a child with a disability, how the 
        program meets the objectives of the child's 
        individualized education program; and
          (8) information pertaining to parental rights that 
        includes written guidance--
                  (A) detailing--
                          (i) the parent's right to have the 
                        parent's child immediately removed from 
                        the program upon the parent's 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
                  (B) assisting parents in selecting among 
                various programs and methods of instruction, if 
                more than 1 program or method is offered by the 
                eligible entity.
  (b) Receipt of Information.--The information described in 
subsection (a) shall be provided in an understandable and 
uniform format and, to the extent practicable, in a language 
that the parent can understand.
  (c) Special Rule Applicable During School Year.--For a child 
who has not been identified for participation in a language 
instruction educational program and academic content 
instruction program prior to the beginning of the school year, 
the eligible entity shall carry out subsections (a) and (b) 
with respect to the parents of the child within 2 weeks of the 
child being placed in such program.
  (d) Parent and Family Engagement.--
          (1) In general.--Each eligible entity using funds 
        provided under this title to provide a language 
        instruction educational program and academic content 
        instruction program shall implement an effective means 
        of outreach to parents and family members of English 
        learners to inform such parents and family members of 
        how they can--
                  (A) be involved in the education of their 
                children; and
                  (B) be active participants in assisting their 
                children--
                          (i) to learn English;
                          (ii) to achieve at high levels in 
                        core academic subjects;
                          (iii) to meet the same State academic 
                        content and student academic 
                        achievement standards as all children 
                        are expected to meet to become on track 
                        to college and career readiness; and
                          (iv) to understand expectations for 
                        college readiness and career success.
          (2) Receipt of recommendations.--The outreach 
        described in paragraph (1) shall include holding, and 
        sending notice of opportunities for, regular meetings 
        for the purpose of formulating and responding to 
        recommendations from parents described in such 
        paragraph.
  (e) Basis for Admission or Exclusion.--A child shall not be 
admitted to, or excluded from, any federally assisted education 
program on the basis of a surname or language-minority status.

           *       *       *       *       *       *       *


SEC. [3303]3203. 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 [limited English 
proficient children]English learners, and related programs. The 
National Clearinghouse shall--
          (1) * * *

           *       *       *       *       *       *       *

          (4) collect and disseminate information on--
                  (A) educational research and processes 
                related to the education of [limited English 
                proficient children]English learners; and
                  (B) accountability systems that monitor the 
                academic progress of [limited English 
                proficient children]English learners in 
                language instruction educational programs, 
                including information on academic content and 
                English proficiency assessments for language 
                instruction educational programs; and
          (5) * * *

           *       *       *       *       *       *       *


SEC. [3304]3204. REGULATIONS.

  In developing regulations under this title, the Secretary 
shall consult with State educational agencies and local 
educational agencies, organizations representing [limited 
English proficient individuals]English learners, and 
organizations representing teachers and other personnel 
involved in the education of [limited English proficient 
children]English learners.

           *       *       *       *       *       *       *


 TITLE IV--[21ST CENTURY SCHOOLS] SUPPORTING SUCCESSFUL, WELL-ROUNDED 
                                STUDENTS

          [PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES]

[SEC. 4001. SHORT TITLE.]

  [This part may be cited as the ``Safe and Drug-Free Schools 
and Communities Act''.]

[SEC. 4002. [20 U.S.C. 7102] PURPOSE.]

  [The purpose of this part is to support programs that prevent 
violence in and around schools; that prevent the illegal use of 
alcohol, tobacco, and drugs; that involve parents and 
communities; and that are coordinated with related Federal, 
State, school, and community efforts and resources to foster a 
safe and drug-free learning environment that supports student 
academic achievement, through the provision of Federal 
assistance to--
          [(1) States for grants to local educational agencies 
        and consortia of such agencies to establish, operate, 
        and improve local programs of school drug and violence 
        prevention and early intervention;
          [(2) States for grants to, and contracts with, 
        community-based organizations and public and private 
        entities for programs of drug and violence prevention 
        and early intervention, including community-wide drug 
        and violence prevention planning and organizing 
        activities;
          [(3) States for development, training, technical 
        assistance, and coordination activities; and
          [(4) public and private entities to provide technical 
        assistance; conduct training, demonstrations, and 
        evaluation; and to provide supplementary services and 
        community-wide drug and violence prevention planning 
        and organizing activities for the prevention of drug 
        use and violence among students and youth.]

[SEC. 4003. [20 U.S.C. 7103] AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated--
          [(1) $650,000,000 for fiscal year 2002, and such sums 
        as may be necessary for each of the 5 succeeding fiscal 
        years, for State grants under subpart 1; and
          [(2) such sums for fiscal year 2002, and for each of 
        the 5 succeeding fiscal years, for national programs 
        under subpart 2.]

                       [Subpart 1--State Grants]

[SEC. 4111. [20 U.S.C. 7111] RESERVATIONS AND ALLOTMENTS.]

  [(a) Reservations.--
          [(1) In general.--From the amount made available 
        under section 4003(1) to carry out this subpart for 
        each fiscal year, the Secretary--
                  [(A) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for 
                grants to Guam, American Samoa, the United 
                States Virgin Islands, and the Commonwealth of 
                the Northern Mariana Islands, to be allotted in 
                accordance with the Secretary's determination 
                of their respective needs and to carry out 
                programs described in this subpart;
                  [(B) shall reserve 1 percent or $4,750,000 
                (whichever is greater) of such amount for the 
                Secretary of the Interior to carry out programs 
                described in this subpart for Indian youth; and
                  [(C) shall reserve 0.2 percent of such amount 
                for Native Hawaiians to be used under section 
                4117 to carry out programs described in this 
                subpart.
          [(2) Other reservations.--From the amount made 
        available under section 4003(2) to carry out subpart 2 
        for each fiscal year, the Secretary--
                  [(A) may reserve not more than $2,000,000 for 
                the national impact evaluation required by 
                section 4122(a);
                  [(B) notwithstanding section 3 of the No 
                Child Left Behind Act of 2001, shall reserve an 
                amount necessary to make continuation grants to 
                grantees under the Safe Schools/Healthy 
                Students initiative (under the same terms and 
                conditions as provided for in the grants 
                involved).
  [(b) State Allotments.--
          [(1) In general.--Except as provided in paragraph 
        (2), the Secretary shall, for each fiscal year, allot 
        among the States--
                  [(A) one-half of the remainder not reserved 
                under subsection (a) according to the ratio 
                between the school-aged population of each 
                State and the school-aged population of all the 
                States; and
                  [(B) one-half of such remainder according to 
                the ratio between the amount each State 
                received under section 1124A for the preceding 
                year and the sum of such amounts received by 
                all the States.
          [(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less 
        than the greater of--
                  [(A) one-half of 1 percent of the total 
                amount allotted to all the States under this 
                subsection; or
                  [(B) the amount such State received for 
                fiscal year 2001 under section 4111 as such 
                section was in effect the day preceding the 
                date of enactment of the No Child Left Behind 
                Act of 2001.
          [(3) Reallotment.--
                  [(A) Reallotment for failure to apply.--If 
                any State does not apply for an allotment under 
                this subpart for a fiscal year, the Secretary 
                shall reallot the amount of the State's 
                allotment to the remaining States in accordance 
                with this section.
                  [(B) Reallotment of unused funds.--The 
                Secretary may reallot any amount of any 
                allotment to a State if the Secretary 
                determines that the State will be unable to use 
                such amount within 2 years of such allotment. 
                Such reallotments shall be made on the same 
                basis as allotments are made under paragraph 
                (1).
          [(4) Definition.--In this section the term ``State'' 
        means each of the 50 States, the District of Columbia, 
        and the Commonwealth of Puerto Rico.
  [(c) Limitation.--Amounts appropriated under section 4003(2) 
for a fiscal year may not be increased above the amounts 
appropriated under such section for the previous fiscal year 
unless the amounts appropriated under section 4003(1) for the 
fiscal year involved are at least 10 percent greater that the 
amounts appropriated under such section 4003(1) for the 
previous fiscal year.]

[SEC. 4112. [20 U.S.C. 7112] RESERVATION OF STATE FUNDS FOR SAFE AND 
                    DRUG-FREE SCHOOLS.]

  [(a) State Reservation for the Chief Executive Officer of a 
State.--
          [(1) In general.--The chief executive officer of a 
        State may reserve not more than 20 percent of the total 
        amount allocated to a State under section 4111(b) for 
        each fiscal year to award competitive grants and 
        contracts to local educational agencies, community-
        based organizations (including community anti-drug 
        coalitions) other public entities and private 
        organizations, and consortia thereof. Such grants and 
        contracts shall be used to carry out the comprehensive 
        State plan described in section 4113(a) through 
        programs or activities that complement and support 
        activities of local educational agencies described in 
        section 4115(b). Such officer shall award grants based 
        on--
                  [(A) the quality of the program or activity 
                proposed; and
                  [(B) how the program or activity meets the 
                principles of effectiveness described in 
                section 4115(a).
          [(2) Priority.--In making such grants and contracts 
        under this section, a chief executive officer shall 
        give priority to programs and activities that prevent 
        illegal drug use and violence for--
                  [(A) children and youth who are not normally 
                served by State educational agencies or local 
                educational agencies; or
                  [(B) populations that need special services 
                or additional resources (such as youth in 
                juvenile detention facilities, runaway or 
                homeless children and youth, pregnant and 
                parenting teenagers, and school dropouts).
          [(3) Special consideration.--In awarding funds under 
        paragraph (1), a chief executive officer shall give 
        special consideration to grantees that pursue a 
        comprehensive approach to drug and violence prevention 
        that includes providing and incorporating mental health 
        services related to drug and violence prevention in 
        their program.
          [(4) Peer review.--Grants or contracts awarded under 
        this section shall be subject to a peer review process.
          [(5) Use of funds.--Grants and contracts under this 
        section shall be used to implement drug and violence 
        prevention activities, including--
                  [(A) activities that complement and support 
                local educational agency activities under 
                section 4115, including developing and 
                implementing activities to prevent and reduce 
                violence associated with prejudice and 
                intolerance;
                  [(B) dissemination of information about drug 
                and violence prevention; and
                  [(C) development and implementation of 
                community-wide drug and violence prevention 
                planning and organizing.
          [(6) Administrative costs.--The chief executive 
        officer of a State may use not more than 3 percent of 
        the amount described in paragraph (1) for the 
        administrative costs incurred in carrying out the 
        duties of such officer under this section.
  [(b) In State Distribution.--
          [(1) In general.--A State educational agency shall 
        distribute not less than 93 percent of the amount made 
        available to the State under section 4111(b), less the 
        amount reserved under subsection (a) of this section, 
        to its local educational agencies.
          [(2) State administration costs.--
                  [(A) In general.--A State educational agency 
                may use not more than 3 percent of the amount 
                made available to the State under section 
                4111(b) for each fiscal year less the amount 
                reserved under subsection (a) of this section, 
                for State educational agency administrative 
                costs, including the implementation of the 
                uniform management information and reporting 
                system as provided for under subsection (c)(3).
                  [(B) Additional amounts for the uniform 
                management information system.--In the case of 
                fiscal year 2002, a State educational agency 
                may, in addition to amounts provided for in 
                subparagraph (A), use 1 percent of the amount 
                made available to the State educational agency 
                under section 4111(b) for each fiscal year less 
                the amount reserved under subsection (a) of 
                this section, for implementation of the uniform 
                management information and reporting system as 
                provided for under subsection (c)(3).
  [(c) State Activities.--
          [(1) In general.--A State educational agency may use 
        not more than 5 percent of the amount made available to 
        the State under section 4111(b) for each fiscal year 
        less the amount reserved under subsection (a) of this 
        section, for activities described in this subsection.
          [(2) Activities.--A State educational agency shall 
        use the amounts described in paragraph (1), either 
        directly, or through grants and contracts, to plan, 
        develop, and implement capacity building, technical 
        assistance and training, evaluation, program 
        improvement services, and coordination activities for 
        local educational agencies, community-based 
        organizations, and other public and private entities. 
        Such uses--
                  [(A) shall meet the principles of 
                effectiveness described in section 4115(a);
                  [(B) shall complement and support local uses 
                of funds under section 4115(b);
                  [(C) shall be in accordance with the purposes 
                of this part; and
                  [(D) may include, among others activities--
                          [(i) identification, development, 
                        evaluation, and dissemination of drug 
                        and violence prevention strategies, 
                        programs, activities, and other 
                        information;
                          [(ii) training, technical assistance, 
                        and demonstration projects to address 
                        violence that is associated with 
                        prejudice and intolerance; and
                          [(iii) financial assistance to 
                        enhance drug and violence prevention 
                        resources available in areas that serve 
                        large numbers of low-income children, 
                        are sparsely populated, or have other 
                        special needs.
          [(3) Uniform management information and reporting 
        system.--
                  [(A) Information and statistics.--A State 
                shall establish a uniform management 
                information and reporting system.
                  [(B) Uses of funds.--A State may use funds 
                described in subparagraphs (A) and (B) of 
                subsection (b)(2), either directly or through 
                grants and contracts, to implement the uniform 
                management information and reporting system 
                described in subparagraph (A), for the 
                collection of information on--
                          [(i) truancy rates;
                          [(ii) the frequency, seriousness, and 
                        incidence of violence and drug-related 
                        offenses resulting in suspensions and 
                        expulsions in elementary schools and 
                        secondary schools in the State;
                          [(iii) the types of curricula, 
                        programs, and services provided by the 
                        chief executive officer, the State 
                        educational agency, local educational 
                        agencies, and other recipients of funds 
                        under this subpart; and
                          [(iv) the incidence and prevalence, 
                        age of onset, perception of health 
                        risk, and perception of social 
                        disapproval of drug use and violence by 
                        youth in schools and communities.
                  [(C) Compilation of statistics.--In compiling 
                the statistics required for the uniform 
                management information and reporting system, 
                the offenses described in subparagraph (B)(ii) 
                shall be defined pursuant to the State's 
                criminal code, but shall not identify victims 
                of crimes or persons accused of crimes. The 
                collected data shall include incident reports 
                by school officials, anonymous student surveys, 
                and anonymous teacher surveys.
                  [(D) Reporting.--The information described 
                under subparagraph (B) shall be reported to the 
                public and the data referenced in clauses (i) 
                and (ii) of such subparagraph shall be reported 
                to the State on a school-by-school basis.
                  [(E) Limitation.--Nothing in this subsection 
                shall be construed to authorize the Secretary 
                to require particular policies, procedures, or 
                practices with respect to crimes committed on 
                school property or school security.]

[SEC. 4113. [20 U.S.C. 7113] STATE APPLICATION.]

  [(a) In General.--In order to receive an allotment under 
section 4111(b) for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
          [(1) contains a comprehensive plan for the use of 
        funds by the State educational agency and the chief 
        executive officer of the State to provide safe, 
        orderly, and drug-free schools and communities through 
        programs and activities that complement and support 
        activities of local educational agencies under section 
        4115(b), that comply with the principles of 
        effectiveness under section 4115(a), and that otherwise 
        are in accordance with the purpose of this part;
          [(2) describes how activities funded under this 
        subpart will foster a safe and drug-free learning 
        environment that supports academic achievement;
          [(3) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials and others, including the 
        chief executive officer, the chief State school 
        officer, the head of the State alcohol and drug abuse 
        agency, the heads of the State health and mental health 
        agencies, the head of the State criminal justice 
        planning agency, the head of the State child welfare 
        agency, the head of the State board of education, or 
        their designees, and representatives of parents, 
        students, and community-based organizations;
          [(4) describes how the State educational agency will 
        coordinate such agency's activities under this subpart 
        with the chief executive officer's drug and violence 
        prevention programs under this subpart and with the 
        prevention efforts of other State agencies and other 
        programs, as appropriate, in accordance with the 
        provisions in section 9306;
          [(5) provides an assurance that funds reserved under 
        section 4112(a) will not duplicate the efforts of the 
        State educational agency and local educational agencies 
        with regard to the provision of school-based drug and 
        violence prevention activities and that those funds 
        will be used to serve populations not normally served 
        by the State educational agencies and local educational 
        agencies and populations that need special services, 
        such as school dropouts, suspended and expelled 
        students, youth in detention centers, runaway or 
        homeless children and youth, and pregnant and parenting 
        youth;
          [(6) provides an assurance that the State will 
        cooperate with, and assist, the Secretary in conducting 
        data collection as required by section 4122;
          [(7) provides an assurance that the local educational 
        agencies in the State will comply with the provisions 
        of section 9501 pertaining to the participation of 
        private school children and teachers in the programs 
        and activities under this subpart;
          [(8) provides an assurance that funds under this 
        subpart will be used to increase the level of State, 
        local, and other non-Federal funds that would, in the 
        absence of funds under this subpart, be made available 
        for programs and activities authorized under this 
        subpart, and in no case supplant such State, local, and 
        other non-Federal funds;
          [(9) contains the results of a needs assessment 
        conducted by the State for drug and violence prevention 
        programs, which shall be based on ongoing State 
        evaluation activities, including data on--
                  [(A) the incidence and prevalence of illegal 
                drug use and violence among youth in schools 
                and communities, including the age of onset, 
                the perception of health risks, and the 
                perception of social disapproval among such 
                youth;
                  [(B) the prevalence of risk factors, 
                including high or increasing rates of reported 
                cases of child abuse or domestic violence;
                  [(C) the prevalence of protective factors, 
                buffers, or assets; and
                  [(D) other variables in the school and 
                community identified through scientifically 
                based research;
          [(10) provides a statement of the State's performance 
        measures for drug and violence prevention programs and 
        activities to be funded under this subpart that will be 
        focused on student behavior and attitudes, derived from 
        the needs assessment described in paragraph (9), and be 
        developed in consultation between the State and local 
        officials, and that consist of--
                  [(A) performance indicators for drug and 
                violence prevention programs and activities; 
                and
                  [(B) levels of performance for each 
                performance indicator;
          [(11) describes the procedures the State will use for 
        assessing and publicly reporting progress toward 
        meeting the performance measures described in paragraph 
        (10);
          [(12) provides an assurance that the State 
        application will be available for public review after 
        submission of the application;
          [(13) describes the special outreach activities that 
        will be carried out by the State educational agency and 
        the chief executive officer of the State to maximize 
        the participation of community-based organizations of 
        demonstrated effectiveness that provide services such 
        as mentoring programs in low-income communities;
          [(14) describes how funds will be used by the State 
        educational agency and the chief executive officer of 
        the State to support, develop, and implement community-
        wide comprehensive drug and violence prevention 
        planning and organizing activities;
          [(15) describes how input from parents will be sought 
        regarding the use of funds by the State educational 
        agency and the chief executive officer of the State;
          [(16) describes how the State educational agency will 
        review applications from local educational agencies, 
        including how the agency will receive input from 
        parents in such review;
          [(17) describes how the State educational agency will 
        monitor the implementation of activities under this 
        subpart, and provide technical assistance for local 
        educational agencies, community-based organizations, 
        other public entities, and private organizations;
          [(18) describes how the chief executive officer of 
        the State will award funds under section 4112(a) and 
        implement a plan for monitoring the performance of, and 
        providing technical assistance to, recipients of such 
        funds; and
          [(19) includes any other information the Secretary 
        may require.
  [(b) Interim Application.--
          [(1) Authority.--Notwithstanding any other provision 
        of this section, a State may submit for fiscal year 
        2002 a 1-year interim application and plan for the use 
        of funds under this subpart that is consistent with the 
        requirements of this section and contains such 
        information as the Secretary may specify in 
        regulations.
          [(2) Purpose.--The purpose of such interim 
        application and plan shall be to afford the State the 
        opportunity to fully develop and review such State's 
        application and comprehensive plan otherwise required 
        by this section.
          [(3) Exception.--A State may not receive a grant 
        under this subpart for a fiscal year after fiscal year 
        2002 unless the Secretary has approved such State's 
        application and comprehensive plan as described in 
        subsection (a).
  [(c) Approval Process.--
          [(1) Deemed approval.--An application submitted by a 
        State pursuant to this section shall undergo peer 
        review by the Secretary and shall be deemed to be 
        approved by the Secretary unless the Secretary makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the 
        Secretary received the application, that the 
        application is not in compliance with this subpart.
          [(2) Disapproval.--The Secretary shall not finally 
        disapprove the application, except after giving the 
        State educational agency and the chief executive 
        officer of the State notice and an opportunity for a 
        hearing.
          [(3) Notification.--If the Secretary finds that the 
        application is not in compliance, in whole or in part, 
        with this subpart, the Secretary shall--
                  [(A) give the State educational agency and 
                the chief executive officer of the State notice 
                and an opportunity for a hearing; and
                  [(B) notify the State educational agency and 
                the chief executive officer of the State of the 
                finding of noncompliance, and in such 
                notification, shall--
                          [(i) cite the specific provisions in 
                        the application that are not in 
                        compliance; and
                          [(ii) request additional information, 
                        only as to the noncompliant provisions, 
                        needed to make the application 
                        compliant.
          [(4) Response.--If the State educational agency and 
        the chief executive officer of the State respond to the 
        Secretary's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, and resubmit the 
        application with the requested information described in 
        paragraph (3)(B)(ii), the Secretary shall approve or 
        disapprove such application prior to the later of--
                  [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                  [(B) the expiration of the 120-day period 
                described in paragraph (1).
          [(5) Failure to respond.--If the State educational 
        agency and the chief executive officer of the State do 
        not respond to the Secretary's notification described 
        in paragraph (3)(B) during the 45-day period beginning 
        on the date on which the agency received the 
        notification, such application shall be deemed to be 
        disapproved.]

[SEC. 4114. [20 U.S.C. 7114] LOCAL EDUCATIONAL AGENCY PROGRAM.]

  [(a) In General.--
          [(1) Funds to local educational agencies.--A State 
        shall provide the amount made available to the State 
        under this subpart, less the amounts reserved under 
        section 4112 to local educational agencies for drug and 
        violence prevention and education programs and 
        activities as follows:
                  [(A) 60 percent of such amount based on the 
                relative amount such agencies received under 
                part A of title I for the preceding fiscal 
                year.
                  [(B) 40 percent of such amount based on the 
                relative enrollments in public and private 
                nonprofit elementary schools and secondary 
                schools within the boundaries of such agencies.
          [(2) Administrative costs.--Of the amount received 
        under paragraph (1), a local educational agency may use 
        not more than 2 percent for the administrative costs of 
        carrying out its responsibilities under this subpart.
          [(3) Return of funds to state; reallocation.--
                  [(A) Return.--Except as provided in 
                subparagraph (B), upon the expiration of the 1-
                year period beginning on the date on which a 
                local educational agency receives its 
                allocation under this subpart--
                          [(i) such agency shall return to the 
                        State educational agency any funds from 
                        such allocation that remain 
                        unobligated; and
                          [(ii) the State educational agency 
                        shall reallocate any such amount to 
                        local educational agencies that have 
                        submitted plans for using such amount 
                        for programs or activities on a timely 
                        basis.
                  [(B) Carryover.--In any fiscal year, a local 
                educational agency, may retain for obligation 
                in the succeeding fiscal year--
                          [(i) an amount equal to not more than 
                        25 percent of the allocation it 
                        received under this subpart for such 
                        fiscal year; or
                          [(ii) upon a demonstration of good 
                        cause by such agency and approval by 
                        the State educational agency, an amount 
                        that exceeds 25 percent of such 
                        allocation.
                  [(C) Reallocation.--If a local educational 
                agency chooses not to apply to receive the 
                amount allocated to such agency under this 
                subsection, or if such agency's application 
                under subsection (d) is disapproved by the 
                State educational agency, the State educational 
                agency shall reallocate such amount to one or 
                more of its other local educational agencies.
  [(b) Eligibility.--To be eligible to receive a subgrant under 
this subpart, a local educational agency desiring a subgrant 
shall submit an application to the State educational agency in 
accordance with subsection (d). Such an application shall be 
amended, as necessary, to reflect changes in the activities and 
programs of the local educational agency.
  [(c) Development.--
          [(1) Consultation.--
                  [(A) In general.--A local educational agency 
                shall develop its application through timely 
                and meaningful consultation with State and 
                local government representatives, 
                representatives of schools to be served 
                (including private schools), teachers and other 
                staff, parents, students, community-based 
                organizations, and others with relevant and 
                demonstrated expertise in drug and violence 
                prevention activities (such as medical, mental 
                health, and law enforcement professionals).
                  [(B) Continued consultation.--On an ongoing 
                basis, the local educational agency shall 
                consult with such representatives and 
                organizations in order to seek advice regarding 
                how best to coordinate such agency's activities 
                under this subpart with other related 
                strategies, programs, and activities being 
                conducted in the community.
          [(2) Design and development.--To ensure timely and 
        meaningful consultation under paragraph (1), a local 
        educational agency at the initial stages of design and 
        development of a program or activity shall consult, in 
        accordance with this subsection, with appropriate 
        entities and persons on issues regarding the design and 
        development of the program or activity, including 
        efforts to meet the principles of effectiveness 
        described in section 4115(a).
  [(d) Contents of Applications.--An application submitted by a 
local educational agency under this section shall contain--
          [(1) an assurance that the activities or programs to 
        be funded comply with the principles of effectiveness 
        described in section 4115(a) and foster a safe and 
        drug-free learning environment that supports academic 
        achievement;
          [(2) a detailed explanation of the local educational 
        agency's comprehensive plan for drug and violence 
        prevention, including a description of--
                  [(A) how the plan will be coordinated with 
                programs under this Act, and other Federal, 
                State, and local programs for drug and violence 
                prevention, in accordance with section 9306;
                  [(B) the local educational agency's 
                performance measures for drug and violence 
                prevention programs and activities, that shall 
                consist of--
                          [(i) performance indicators for drug 
                        and violence prevention programs and 
                        activities; including--
                                  [(I) specific reductions in 
                                the prevalence of identified 
                                risk factors; and
                                  [(II) specific increases in 
                                the prevalence of protective 
                                factors, buffers, or assets if 
                                any have been identified; and
                          [(ii) levels of performance for each 
                        performance indicator;
                  [(C) how such agency will assess and publicly 
                report progress toward attaining its 
                performance measures;
                  [(D) the drug and violence prevention 
                activity or program to be funded, including how 
                the activity or program will meet the 
                principles of effectiveness described in 
                section 4115(a), and the means of evaluating 
                such activity or program; and
                  [(E) how the services will be targeted to 
                schools and students with the greatest need;
          [(3) a description for how the results of the 
        evaluations of the effectiveness of the program will be 
        used to refine, improve, and strengthen the program;
          [(4) an assurance that funds under this subpart will 
        be used to increase the level of State, local, and 
        other non-Federal funds that would, in the absence of 
        funds under this subpart, be made available for 
        programs and activities authorized under this subpart, 
        and in no case supplant such State, local, and other 
        non-Federal funds;
          [(5) a description of the mechanisms used to provide 
        effective notice to the community of an intention to 
        submit an application under this subpart;
          [(6) an assurance that drug and violence prevention 
        programs supported under this subpart convey a clear 
        and consistent message that acts of violence and the 
        illegal use of drugs are wrong and harmful;
          [(7) an assurance that the applicant has, or the 
        schools to be served have, a plan for keeping schools 
        safe and drug-free that includes--
                  [(A) appropriate and effective school 
                discipline policies that prohibit disorderly 
                conduct, the illegal possession of weapons, and 
                the illegal use, possession, distribution, and 
                sale of tobacco, alcohol, and other drugs by 
                students;
                  [(B) security procedures at school and while 
                students are on the way to and from school;
                  [(C) prevention activities that are designed 
                to create and maintain safe, disciplined, and 
                drug-free environments;
                  [(D) a crisis management plan for responding 
                to violent or traumatic incidents on school 
                grounds; and
                  [(E) a code of conduct policy for all 
                students that clearly states the 
                responsibilities of students, teachers, and 
                administrators in maintaining a classroom 
                environment that--
                          [(i) allows a teacher to communicate 
                        effectively with all students in the 
                        class;
                          [(ii) allows all students in the 
                        class to learn;
                          [(iii) has consequences that are 
                        fair, and developmentally appropriate;
                          [(iv) considers the student and the 
                        circumstances of the situation; and
                          [(v) is enforced accordingly;
          [(8) an assurance that the application and any waiver 
        request under section 4115(a)(3) will be available for 
        public review after submission of the application; and
          [(9) such other assurances, goals, and objectives 
        identified through scientifically based research that 
        the State may reasonably require in accordance with the 
        purpose of this part.
  [(e) Review of Application.--
          [(1) In general.--In reviewing local applications 
        under this section, a State educational agency shall 
        use a peer review process or other methods of assuring 
        the quality of such applications.
          [(2) Considerations.--In determining whether to 
        approve the application of a local educational agency 
        under this section, a State educational agency shall 
        consider the quality of application and the extent to 
        which the application meets the principles of 
        effectiveness described in section 4115(a).
  [(f) Approval Process.--
          [(1) Deemed approval.--An application submitted by a 
        local educational agency pursuant to this section shall 
        be deemed to be approved by the State educational 
        agency unless the State educational agency makes a 
        written determination, prior to the expiration of the 
        120-day period beginning on the date on which the State 
        educational agency received the application, that the 
        application is not in compliance with this subpart.
          [(2) Disapproval.--The State educational agency shall 
        not finally disapprove the application, except after 
        giving the local educational agency notice and 
        opportunity for a hearing.
          [(3) Notification.--If the State educational agency 
        finds that the application is not in compliance, in 
        whole or in part, with this subpart, the State 
        educational agency shall--
                  [(A) give the local educational agency notice 
                and an opportunity for a hearing; and
                  [(B) notify the local educational agency of 
                the finding of noncompliance, and in such 
                notification, shall--
                          [(i) cite the specific provisions in 
                        the application that are not in 
                        compliance; and
                          [(ii) request additional information, 
                        only as to the noncompliant provisions, 
                        needed to make the application 
                        compliant.
          [(4) Response.--If the local educational agency 
        responds to the State educational agency's notification 
        described in paragraph (3)(B) during the 45-day period 
        beginning on the date on which the agency received the 
        notification, and resubmits the application with the 
        requested information described in paragraph 
        (3)(B)(ii), the State educational agency shall approve 
        or disapprove such application prior to the later of--
                  [(A) the expiration of the 45-day period 
                beginning on the date on which the application 
                is resubmitted; or
                  [(B) the expiration of the 120-day period 
                described in paragraph (1).
          [(5) Failure to respond.--If the local educational 
        agency does not respond to the State educational 
        agency's notification described in paragraph (3)(B) 
        during the 45-day period beginning on the date on which 
        the agency received the notification, such application 
        shall be deemed to be disapproved.]

[SEC. 4115. [20 U.S.C. 7115] AUTHORIZED ACTIVITIES.]

  [(a) Principles of Effectiveness.--
          [(1) In general.--For a program or activity developed 
        pursuant to this subpart to meet the principles of 
        effectiveness, such program or activity shall--
                  [(A) be based on an assessment of objective 
                data regarding the incidence of violence and 
                illegal drug use in the elementary schools and 
                secondary schools and communities to be served, 
                including an objective analysis of the current 
                conditions and consequences regarding violence 
                and illegal drug use, including delinquency and 
                serious discipline problems, among students who 
                attend such schools (including private school 
                students who participate in the drug and 
                violence prevention program) that is based on 
                ongoing local assessment or evaluation 
                activities;
                  [(B) be based on an established set of 
                performance measures aimed at ensuring that the 
                elementary schools and secondary schools and 
                communities to be served by the program have a 
                safe, orderly, and drug-free learning 
                environment;
                  [(C) be based on scientifically based 
                research that provides evidence that the 
                program to be used will reduce violence and 
                illegal drug use;
                  [(D) be based on an analysis of the data 
                reasonably available at the time, of the 
                prevalence of risk factors, including high or 
                increasing rates of reported cases of child 
                abuse and domestic violence; protective 
                factors, buffers, assets; or other variables in 
                schools and communities in the State identified 
                through scientifically based research; and
                  [(E) include meaningful and ongoing 
                consultation with and input from parents in the 
                development of the application and 
                administration of the program or activity.
          [(2) Periodic evaluation.--
                  [(A) Requirement.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward reducing violence and 
                illegal drug use in schools to be served based 
                on performance measures described in section 
                4114(d)(2)(B).
                  [(B) Use of results.--The results shall be 
                used to refine, improve, and strengthen the 
                program, and to refine the performance 
                measures, and shall also be made available to 
                the public upon request, with public notice of 
                such availability provided.
          [(3) Waiver.--A local educational agency may apply to 
        the State for a waiver of the requirement of subsection 
        (a)(1)(C) to allow innovative activities or programs 
        that demonstrate substantial likelihood of success.
  [(b) Local Educational Agency Activities.--
          [(1) Program requirements.--A local educational 
        agency shall use funds made available under section 
        4114 to develop, implement, and evaluate comprehensive 
        programs and activities, which are coordinated with 
        other school and community-based services and programs, 
        that shall--
                  [(A) foster a safe and drug-free learning 
                environment that supports academic achievement;
                  [(B) be consistent with the principles of 
                effectiveness described in subsection (a)(1);
                  [(C) be designed to--
                          [(i) prevent or reduce violence; the 
                        use, possession and distribution of 
                        illegal drugs; and delinquency; and
                          [(ii) create a well disciplined 
                        environment conducive to learning, 
                        which includes consultation between 
                        teachers, principals, and other school 
                        personnel to identify early warning 
                        signs of drug use and violence and to 
                        provide behavioral interventions as 
                        part of classroom management efforts; 
                        and
                  [(D) include activities to--
                          [(i) promote the involvement of 
                        parents in the activity or program;
                          [(ii) promote coordination with 
                        community groups and coalitions, and 
                        government agencies; and
                          [(iii) distribute information about 
                        the local educational agency's needs, 
                        goals, and programs under this subpart.
          [(2) Authorized activities.--Each local educational 
        agency, or consortium of such agencies, that receives a 
        subgrant under this subpart may use such funds to carry 
        out activities that comply with the principles of 
        effectiveness described in subsection (a), such as the 
        following:
                  [(A) Age appropriate and developmentally 
                based activities that--
                          [(i) address the consequences of 
                        violence and the illegal use of drugs, 
                        as appropriate;
                          [(ii) promote a sense of individual 
                        responsibility;
                          [(iii) teach students that most 
                        people do not illegally use drugs;
                          [(iv) teach students to recognize 
                        social and peer pressure to use drugs 
                        illegally and the skills for resisting 
                        illegal drug use;
                          [(v) teach students about the dangers 
                        of emerging drugs;
                          [(vi) engage students in the learning 
                        process; and
                          [(vii) incorporate activities in 
                        secondary schools that reinforce 
                        prevention activities implemented in 
                        elementary schools.
                  [(B) Activities that involve families, 
                community sectors (which may include 
                appropriately trained seniors), and a variety 
                of drug and violence prevention providers in 
                setting clear expectations against violence and 
                illegal use of drugs and appropriate 
                consequences for violence and illegal use of 
                drugs.
                  [(C) Dissemination of drug and violence 
                prevention information to schools and the 
                community.
                  [(D) Professional development and training 
                for, and involvement of, school personnel, 
                pupil services personnel, parents, and 
                interested community members in prevention, 
                education, early identification and 
                intervention, mentoring, or rehabilitation 
                referral, as related to drug and violence 
                prevention.
                  [(E) Drug and violence prevention activities 
                that may include the following:
                          [(i) Community-wide planning and 
                        organizing activities to reduce 
                        violence and illegal drug use, which 
                        may include gang activity prevention.
                          [(ii) Acquiring and installing metal 
                        detectors, electronic locks, 
                        surveillance cameras, or other related 
                        equipment and technologies.
                          [(iii) Reporting criminal offenses 
                        committed on school property.
                          [(iv) Developing and implementing 
                        comprehensive school security plans or 
                        obtaining technical assistance 
                        concerning such plans, which may 
                        include obtaining a security assessment 
                        or assistance from the School Security 
                        and Technology Resource Center at the 
                        Sandia National Laboratory located in 
                        Albuquerque, New Mexico.
                          [(v) Supporting safe zones of passage 
                        activities that ensure that students 
                        travel safely to and from school, which 
                        may include bicycle and pedestrian 
                        safety programs.
                          [(vi) The hiring and mandatory 
                        training, based on scientific research, 
                        of school security personnel (including 
                        school resource officers) who interact 
                        with students in support of youth drug 
                        and violence prevention activities 
                        under this part that are implemented in 
                        the school.
                          [(vii) Expanded and improved school-
                        based mental health services related to 
                        illegal drug use and violence, 
                        including early identification of 
                        violence and illegal drug use, 
                        assessment, and direct or group 
                        counseling services provided to 
                        students, parents, families, and school 
                        personnel by qualified school-based 
                        mental health service providers.
                          [(viii) Conflict resolution programs, 
                        including peer mediation programs that 
                        educate and train peer mediators and a 
                        designated faculty supervisor, and 
                        youth anti-crime and anti-drug councils 
                        and activities.
                          [(ix) Alternative education programs 
                        or services for violent or drug abusing 
                        students that reduce the need for 
                        suspension or expulsion or that serve 
                        students who have been suspended or 
                        expelled from the regular educational 
                        settings, including programs or 
                        services to assist students to make 
                        continued progress toward meeting the 
                        State academic achievement standards 
                        and to reenter the regular education 
                        setting.
                          [(x) Counseling, mentoring, referral 
                        services, and other student assistance 
                        practices and programs, including 
                        assistance provided by qualified 
                        school-based mental health services 
                        providers and the training of teachers 
                        by school-based mental health services 
                        providers in appropriate identification 
                        and intervention techniques for 
                        students at risk of violent behavior 
                        and illegal use of drugs.
                          [(xi) Programs that encourage 
                        students to seek advice from, and to 
                        confide in, a trusted adult regarding 
                        concerns about violence and illegal 
                        drug use.
                          [(xii) Drug and violence prevention 
                        activities designed to reduce truancy.
                          [(xiii) Age-appropriate, 
                        developmentally-based violence 
                        prevention and education programs that 
                        address victimization associated with 
                        prejudice and intolerance, and that 
                        include activities designed to help 
                        students develop a sense of individual 
                        responsibility and respect for the 
                        rights of others, and to resolve 
                        conflicts without violence.
                          [(xiv) Consistent with the fourth 
                        amendment to the Constitution of the 
                        United States, the testing of a student 
                        for illegal drug use or the inspecting 
                        of a student's locker for weapons or 
                        illegal drugs or drug paraphernalia, 
                        including at the request of or with the 
                        consent of a parent or legal guardian 
                        of the student, if the local 
                        educational agency elects to so test or 
                        inspect.
                          [(xv) Emergency intervention services 
                        following traumatic crisis events, such 
                        as a shooting, major accident, or a 
                        drug-related incident that have 
                        disrupted the learning environment.
                          [(xvi) Establishing or implementing a 
                        system for transferring suspension and 
                        expulsion records, consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g), by a 
                        local educational agency to any public 
                        or private elementary school or 
                        secondary school.
                          [(xvii) Developing and implementing 
                        character education programs, as a 
                        component of drug and violence 
                        prevention programs, that take into 
                        account the views of parents of the 
                        students for whom the program is 
                        intended and such students, such as a 
                        program described in subpart 3 of part 
                        D of title V.
                          [(xviii) Establishing and maintaining 
                        a school safety hotline.
                          [(xix) Community service, including 
                        community service performed by expelled 
                        students, and service-learning 
                        projects.
                          [(xx) Conducting a nationwide 
                        background check of each local 
                        educational agency employee, regardless 
                        of when hired, and prospective 
                        employees for the purpose of 
                        determining whether the employee or 
                        prospective employee has been convicted 
                        of a crime that bears upon the 
                        employee's fitness--
                                  [(I) to be responsible for 
                                the safety or well-being of 
                                children;
                                  [(II) to serve in the 
                                particular capacity in which 
                                the employee or prospective 
                                employee is or will be 
                                employed; or
                                  [(III) to otherwise be 
                                employed by the local 
                                educational agency.
                          [(xxi) Programs to train school 
                        personnel to identify warning signs of 
                        youth suicide and to create an action 
                        plan to help youth at risk of suicide.
                          [(xxii) Programs that respond to the 
                        needs of students who are faced with 
                        domestic violence or child abuse.
                  [(F) The evaluation of any of the activities 
                authorized under this subsection and the 
                collection of objective data used to assess 
                program needs, program implementation, or 
                program success in achieving program goals and 
                objectives.
  [(c) Limitation.--
          [(1) In general.--Except as provided in paragraph 
        (2), not more than 40 percent of the funds available to 
        a local educational agency under this subpart may be 
        used to carry out the activities described in clauses 
        (ii) through (vi) of subsection (b)(2)(E), of which not 
        more than 50 percent of such amount may be used to 
        carry out the activities described in clauses (ii) 
        through (v) of such subsection.
          [(2) Exception.--A local educational agency may use 
        funds under this subpart for activities described in 
        clauses (ii) through (v) of subsection (b)(2)(E) only 
        if funding for these activities is not received from 
        other Federal agencies.
  [(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the use of funds under this subpart by 
any local educational agency or school for the establishment or 
implementation of a school uniform policy if such policy is 
part of the overall comprehensive drug and violence prevention 
plan of the State involved and is supported by the State's 
needs assessment and other scientifically based research 
information.]

[SEC. 4116. [20 U.S.C. 7116] REPORTING.]

  [(a) State Report.--
          [(1) In general.--By December 1, 2003, and every 2 
        years thereafter, the chief executive officer of the 
        State, in cooperation with the State educational 
        agency, shall submit to the Secretary a report--
                  [(A) on the implementation and outcomes of 
                State programs under section 4112(a)(1) and 
                section 4112(c) and local educational agency 
                programs under section 4115(b), as well as an 
                assessment of their effectiveness;
                  [(B) on the State's progress toward attaining 
                its performance measures for drug and violence 
                prevention under section 4113(a)(10); and
                  [(C) on the State's efforts to inform parents 
                of, and include parents in, violence and drug 
                prevention efforts.
          [(2) Special rule.--The report required by this 
        subsection shall be--
                  [(A) in the form specified by the Secretary;
                  [(B) based on the State's ongoing evaluation 
                activities, and shall include data on the 
                incidence and prevalence, age of onset, 
                perception of health risk, and perception of 
                social disapproval of drug use and violence by 
                youth in schools and communities; and
                  [(C) made readily available to the public.
  [(b) Local Educational Agency Report.--
          [(1) In general.--Each local educational agency 
        receiving funds under this subpart shall submit to the 
        State educational agency such information that the 
        State requires to complete the State report required by 
        subsection (a), including a description of how parents 
        were informed of, and participated in, violence and 
        drug prevention efforts.
          [(2) Availability.--Information under paragraph (1) 
        shall be made readily available to the public.
          [(3) Provision of documentation.--Not later than 
        January 1 of each year that a State is required to 
        report under subsection (a), the Secretary shall 
        provide to the State educational agency all of the 
        necessary documentation required for compliance with 
        this section.]

[SEC. 4117. [20 U.S.C. 7117] PROGRAMS FOR NATIVE HAWAIIANS.]

  [(a) General Authority.--From the funds made available 
pursuant to section 4111(a)(1)(C) to carry out this section, 
the Secretary shall make grants to or enter into cooperative 
agreements or contracts with organizations primarily serving 
and representing Native Hawaiians for the benefit of Native 
Hawaiians to plan, conduct, and administer programs, or 
portions thereof, that are authorized by and consistent with 
the provisions of this subpart.
  [(b) Definition of Native Hawaiian.--For the purposes of this 
section, the term ``Native Hawaiian'' means any individual any 
of whose ancestors were natives, prior to 1778, of the area 
which now comprises the State of Hawaii.]

                     [Subpart 2--National Programs]

[SEC. 4121. [20 U.S.C. 7131] FEDERAL ACTIVITIES.]

  [(a) Program Authorized.--From funds made available to carry 
out this subpart under section 4003(2), the Secretary, in 
consultation with the Secretary of Health and Human Services, 
the Director of the Office of National Drug Control Policy, and 
the Attorney General, shall carry out programs to prevent the 
illegal use of drugs and violence among, and promote safety and 
discipline for, students. The Secretary shall carry out such 
programs directly, or through grants, contracts, or cooperative 
agreements with public and private entities and individuals, or 
through agreements with other Federal agencies, and shall 
coordinate such programs with other appropriate Federal 
activities. Such programs may include--
          [(1) the development and demonstration of innovative 
        strategies for the training of school personnel, 
        parents, and members of the community for drug and 
        violence prevention activities based on State and local 
        needs;
          [(2) the development, demonstration, scientifically 
        based evaluation, and dissemination of innovative and 
        high quality drug and violence prevention programs and 
        activities, based on State and local needs, which may 
        include--
                  [(A) alternative education models, either 
                established within a school or separate and 
                apart from an existing school, that are 
                designed to promote drug and violence 
                prevention, reduce disruptive behavior, reduce 
                the need for repeat suspensions and expulsions, 
                enable students to meet challenging State 
                academic standards, and enable students to 
                return to the regular classroom as soon as 
                possible;
                  [(B) community service and service-learning 
                projects, designed to rebuild safe and healthy 
                neighborhoods and increase students' sense of 
                individual responsibility;
                  [(C) video-based projects developed by 
                noncommercial telecommunications entities that 
                provide young people with models for conflict 
                resolution and responsible decisionmaking; and
                  [(D) child abuse education and prevention 
                programs for elementary and secondary students;
          [(3) the provision of information on drug abuse 
        education and prevention to the Secretary of Health and 
        Human Services for dissemination;
          [(4) the provision of information on violence 
        prevention and education and school safety to the 
        Department of Justice for dissemination;
          [(5) technical assistance to chief executive 
        officers, State agencies, local educational agencies, 
        and other recipients of funding under this part to 
        build capacity to develop and implement high-quality, 
        effective drug and violence prevention programs 
        consistent with the principles of effectiveness in 
        section 4115(a);
          [(6) assistance to school systems that have 
        particularly severe drug and violence problems, 
        including hiring drug prevention and school safety 
        coordinators, or assistance to support appropriate 
        response efforts to crisis situations;
          [(7) the development of education and training 
        programs, curricula, instructional materials, and 
        professional training and development for preventing 
        and reducing the incidence of crimes and conflicts 
        motivated by hate in localities most directly affected 
        by hate crimes;
          [(8) activities in communities designated as 
        empowerment zones or enterprise communities that will 
        connect schools to community-wide efforts to reduce 
        drug and violence problems; and
          [(9) other activities in accordance with the purpose 
        of this part, based on State and local needs.
  [(b) Peer Review.--The Secretary shall use a peer review 
process in reviewing applications for funds under this 
section.]

[SEC. 4122. [20 U.S.C. 7132] IMPACT EVALUATION.]

  [(a) Biennial Evaluation.--The Secretary, in consultation 
with the Safe and Drug-Free Schools and Communities Advisory 
Committee described in section 4124, shall conduct an 
independent biennial evaluation of the impact of programs 
assisted under this subpart and of other recent and new 
initiatives to combat violence and illegal drug use in schools. 
The evaluation shall report on whether community and local 
educational agency programs funded under this subpart--
          [(1) comply with the principles of effectiveness 
        described in section 4115(a);
          [(2) have appreciably reduced the level of illegal 
        drug, alcohol, and tobacco use, and school violence and 
        the illegal presence of weapons at schools; and
          [(3) have conducted effective parent involvement and 
        training programs.
  [(b) Data Collection.--The National Center for Education 
Statistics shall collect data, that is subject to independent 
review, to determine the incidence and prevalence of illegal 
drug use and violence in elementary schools and secondary 
schools in the States. The collected data shall include 
incident reports by schools officials, anonymous student 
surveys, and anonymous teacher surveys.
  [(c) Biennial Report.--Not later than January 1, 2003, and 
every 2 years thereafter, the Secretary shall submit to the 
President and Congress a report on the findings of the 
evaluation conducted under subsection (a) together with the 
data collected under subsection (b) and data available from 
other sources on the incidence and prevalence, age of onset, 
perception of health risk, and perception of social disapproval 
of drug use and violence in elementary schools and secondary 
schools in the States. The Secretary shall include data 
submitted by the States pursuant to subsection 4116(a).]

[SEC. 4123. [20 U.S.C. 7133] HATE CRIME PREVENTION.]

  [(a) Grant Authorization.--From funds made available to carry 
out this subpart under section 4003(2) the Secretary may make 
grants to local educational agencies and community-based 
organizations for the purpose of providing assistance to 
localities most directly affected by hate crimes.
  [(b) Use of Funds.--
          [(1) Program development.--Grants under this section 
        may be used to improve elementary and secondary 
        educational efforts, including--
                  [(A) development of education and training 
                programs designed to prevent and to reduce the 
                incidence of crimes and conflicts motivated by 
                hate;
                  [(B) development of curricula for the purpose 
                of improving conflict or dispute resolution 
                skills of students, teachers, and 
                administrators;
                  [(C) development and acquisition of equipment 
                and instructional materials to meet the needs 
                of, or otherwise be part of, hate crime or 
                conflict programs; and
                  [(D) professional training and development 
                for teachers and administrators on the causes, 
                effects, and resolutions of hate crimes or 
                hate-based conflicts.
          [(2) Application.--In order to be eligible to receive 
        a grant under this section for any fiscal year, a local 
        educational agency, or a local educational agency in 
        conjunction with a community-based organization, shall 
        submit an application to the Secretary in such form and 
        containing such information as the Secretary may 
        reasonably require.
          [(3) Requirements.--Each application under paragraph 
        (2) shall include--
                  [(A) a request for funds for the purpose 
                described in this section;
                  [(B) a description of the schools and 
                communities to be served by the grants; and
                  [(C) assurances that Federal funds received 
                under this section shall be used to supplement, 
                and not supplant, non-Federal funds.
          [(4) Comprehensive plan.--Each application shall 
        include a comprehensive plan that contains--
                  [(A) a description of the hate crime or 
                conflict problems within the schools or the 
                community targeted for assistance;
                  [(B) a description of the program to be 
                developed or augmented by such Federal and 
                matching funds;
                  [(C) assurances that such program or activity 
                shall be administered by or under the 
                supervision of the applicant;
                  [(D) procedures for the proper and efficient 
                administration of such program; and
                  [(E) fiscal control and fund accounting 
                procedures as may be necessary to ensure 
                prudent use, proper disbursement, and accurate 
                accounting of funds received under this 
                section.
  [(c) Award of Grants.--
          [(1) Selection of recipients.--The Secretary shall 
        consider the incidence of crimes and conflicts 
        motivated by bias in the targeted schools and 
        communities in awarding grants under this section.
          [(2) Geographic distribution.--The Secretary shall 
        attempt, to the extent practicable, to achieve an 
        equitable geographic distribution of grant awards.
          [(3) Dissemination of information.--The Secretary 
        shall attempt, to the extent practicable, to make 
        available information regarding successful hate crime 
        prevention programs, including programs established or 
        expanded with grants under this section.
  [(d) Reports.--The Secretary shall submit to Congress a 
report every 2 years that shall contain a detailed statement 
regarding grants and awards, activities of grant recipients, 
and an evaluation of programs established under this section.]

[SEC. 4124. [20 U.S.C. 7134] SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES 
                    ADVISORY COMMITTEE.]

  [(a) Establishment.--
          [(1) In general.--There is hereby established an 
        advisory committee to be known as the ``Safe and Drug 
        Free Schools and Communities Advisory Committee'' 
        (referred to in this section as the ``Advisory 
        Committee'') to--
                  [(A) consult with the Secretary under 
                subsection (b);
                  [(B) coordinate Federal school- and 
                community-based substance abuse and violence 
                prevention programs and reduce duplicative 
                research or services;
                  [(C) develop core data sets and evaluation 
                protocols for safe and drug-free school- and 
                community-based programs;
                  [(D) provide technical assistance and 
                training for safe and drug-free school- and 
                community-based programs;
                  [(E) provide for the diffusion of 
                scientifically based research to safe and drug-
                free school- and community-based programs; and
                  [(F) review other regulations and standards 
                developed under this title.
          [(2) Composition.--The Advisory Committee shall be 
        composed of representatives from--
                  [(A) the Department of Education;
                  [(B) the Centers for Disease Control and 
                Prevention;
                  [(C) the National Institute on Drug Abuse;
                  [(D) the National Institute on Alcoholism and 
                Alcohol Abuse;
                  [(E) the Center for Substance Abuse 
                Prevention;
                  [(F) the Center for Mental Health Services;
                  [(G) the Office of Juvenile Justice and 
                Delinquency Prevention;
                  [(H) the Office of National Drug Control 
                Policy;
                  [(I) State and local governments, including 
                education agencies; and
                  [(J) researchers and expert practitioners.
          [(3) Consultation.--In carrying out its duties under 
        this section, the Advisory Committee shall annually 
        consult with interested State and local coordinators of 
        school- and community-based substance abuse and 
        violence prevention programs and other interested 
        groups.
  [(b) Programs.--
          [(1) In general.--From amounts made available under 
        section 4003(2) to carry out this subpart, the 
        Secretary, in consultation with the Advisory Committee, 
        shall carry out scientifically based research programs 
        to strengthen the accountability and effectiveness of 
        the State, chief executive officer's, and national 
        programs under this part.
          [(2) Grants, contracts or cooperative agreements.--
        The Secretary shall carry out paragraph (1) directly or 
        through grants, contracts, or cooperative agreements 
        with public and private entities and individuals or 
        through agreements with other Federal agencies.
          [(3) Coordination.--The Secretary shall coordinate 
        programs under this section with other appropriate 
        Federal activities.
          [(4) Activities.--Activities that may be carried out 
        under programs funded under this section may include--
                  [(A) the provision of technical assistance 
                and training, in collaboration with other 
                Federal agencies utilizing their expertise and 
                national and regional training systems, for 
                Governors, State educational agencies and local 
                educational agencies to support high quality, 
                effective programs that--
                          [(i) provide a thorough assessment of 
                        the substance abuse and violence 
                        problem;
                          [(ii) utilize objective data and the 
                        knowledge of a wide range of community 
                        members;
                          [(iii) develop measurable goals and 
                        objectives; and
                          [(iv) implement scientifically based 
                        research activities that have been 
                        shown to be effective and that meet 
                        identified needs;
                  [(B) the provision of technical assistance 
                and training to foster program accountability;
                  [(C) the diffusion and dissemination of best 
                practices and programs;
                  [(D) the development of core data sets and 
                evaluation tools;
                  [(E) program evaluations;
                  [(F) the provision of information on drug 
                abuse education and prevention to the Secretary 
                of Health and Human Services for dissemination 
                by the clearinghouse for alcohol and drug abuse 
                information established under section 
                501(d)(16) of the Public Health Service Act; 
                and
                  [(G) other activities that meet unmet needs 
                related to the purpose of this part and that 
                are undertaken in consultation with the 
                Advisory Committee.]

[SEC. 4125. [20 U.S.C. 7135] NATIONAL COORDINATOR PROGRAM.]

  [(a) In General.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary may provide for 
the establishment of a National Coordinator Program under which 
the Secretary shall award grants to local educational agencies 
for the hiring of drug prevention and school safety program 
coordinators.
  [(b) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used by local educational agencies to 
recruit, hire, and train individuals to serve as drug 
prevention and school safety program coordinators in schools 
with significant drug and school safety problems. Such 
coordinators shall be responsible for developing, conducting, 
and analyzing assessments of drug and crime problems at their 
schools, and administering the safe and drug-free grant program 
at such schools.]

[SEC. 4126. [20 U.S.C. 7136] COMMUNITY SERVICE GRANT PROGRAM.]

  [(a) In General.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary may make grants to 
States to carry out programs under which students expelled or 
suspended from school are required to perform community 
service.
  [(b) Allocation.--From the amount described in subsection 
(a), the Secretary shall allocate among the States--
          [(1) one-half according to the ratio between the 
        school-aged population of each State and the school-
        aged population of all the States; and
          [(2) one-half according to the ratio between the 
        amount each State received under section 1124A for the 
        preceding year and the sum of such amounts received by 
        all the States.
  [(c) Minimum.--For any fiscal year, no State shall be 
allotted under this section an amount that is less than one-
half of 1 percent of the total amount allotted to all the 
States under this section.
  [(d) Reallotment.--The Secretary may reallot any amount of 
any allotment to a State if the Secretary determines that the 
State will be unable to use such amount within 2 years of such 
allotment. Such reallotments shall be made on the same basis as 
allotments are made under subsection (b).
  [(e) Definition.--In this section, the term ``State'' means 
each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.]

[SEC. 4127. [20 U.S.C. 7137] SCHOOL SECURITY TECHNOLOGY AND RESOURCE 
                    CENTER.]

  [(a) Center.--From funds made available to carry out this 
subpart under section 4003(2), the Secretary, the Attorney 
General, and the Secretary of Energy may enter into an 
agreement for the establishment at the Sandia National 
Laboratories, in partnership with the National Law Enforcement 
and Corrections Technology Center--Southeast and the National 
Center for Rural Law Enforcement in Little Rock, Arkansas, of a 
center to be known as the ``School Security Technology and 
Resource Center'' (hereafter in this section ``the Center'').
  [(b) Administration.--The Center established under subsection 
(a) shall be administered by the Attorney General.
  [(c) Functions.--The center established under subsection (a) 
shall be a resource to local educational agencies for school 
security assessments, security technology development, 
evaluation and implementation, and technical assistance 
relating to improving school security. The Center will also 
conduct and publish school violence research, coalesce data 
from victim communities, and monitor and report on schools that 
implement school security strategies.]

[SEC. 4128. [20 U.S.C. 7138] NATIONAL CENTER FOR SCHOOL AND YOUTH 
                    SAFETY.]

  [(a) Establishment.--From funds made available to carry out 
this subpart under section 4003(2), the Secretary of Education 
and the Attorney General may jointly establish a National 
Center for School and Youth Safety (in this section referred to 
as the ``Center''). The Secretary of Education and the Attorney 
General may establish the Center at an existing facility, if 
the facility has a history of performing two or more of the 
duties described in subsection (b). The Secretary of Education 
and the Attorney General shall jointly appoint a Director of 
the Center to oversee the operation of the Center.
  [(b) Duties.--The Center shall carry out emergency response, 
anonymous student hotline, consultation, and information and 
outreach activities with respect to elementary and secondary 
school safety, including the following:
          [(1) Emergency response.--The staff of the Center, 
        and such temporary contract employees as the Director 
        of the Center shall determine necessary, shall offer 
        emergency assistance to local communities to respond to 
        school safety crises. Such assistance shall include 
        counseling for victims and the community, assistance to 
        law enforcement to address short-term security 
        concerns, and advice on how to enhance school safety, 
        prevent future incidents, and respond to future 
        incidents.
          [(2) Anonymous student hotline.--The Center shall 
        establish a toll-free telephone number for students to 
        report criminal activity, threats of criminal activity, 
        and other high-risk behaviors such as substance abuse, 
        gang or cult affiliation, depression, or other warning 
        signs of potentially violent behavior. The Center shall 
        relay the reports, without attribution, to local law 
        enforcement or appropriate school hotlines. The 
        Director of the Center shall work with the Attorney 
        General to establish guidelines for Center staff to 
        work with law enforcement around the Nation to relay 
        information reported through the hotline.
          [(3) Consultation.--The Center shall establish a 
        toll-free number for the public to contact staff of the 
        Center for consultation regarding school safety. The 
        Director of the Center shall hire administrative staff 
        and individuals with expertise in enhancing school 
        safety, including individuals with backgrounds in 
        counseling and psychology, education, law enforcement 
        and criminal justice, and community development to 
        assist in the consultation.
          [(4) Information and outreach.--The Center shall 
        compile information about the best practices in school 
        violence prevention, intervention, and crisis 
        management, and shall serve as a clearinghouse for 
        model school safety program information. The staff of 
        the Center shall work to ensure local governments, 
        school officials, parents, students, and law 
        enforcement officials and agencies are aware of the 
        resources, grants, and expertise available to enhance 
        school safety and prevent school crime. The staff of 
        the Center shall give special attention to providing 
        outreach to rural and impoverished communities.]

[SEC. 4129. [20 U.S.C. 7139] GRANTS TO REDUCE ALCOHOL ABUSE.]

  [(a) In General.--The Secretary, in consultation with the 
Administrator of the Substance Abuse and Mental Health Services 
Administration, may award grants from funds made available to 
carry out this subpart under section 4003(2), on a competitive 
basis, to local educational agencies to enable such agencies to 
develop and implement innovative and effective programs to 
reduce alcohol abuse in secondary schools.
  [(b) Eligibility.--To be eligible to receive a grant under 
subsection (a), a local educational agency shall prepare and 
submit to the Secretary an application at such time, in such 
manner, and containing such information as the Secretary may 
require, including--
          [(1) a description of the activities to be carried 
        out under the grant;
          [(2) an assurance that such activities will include 
        one or more of the proven strategies for reducing 
        underage alcohol abuse as determined by the Substance 
        Abuse and Mental Health Services Administration;
          [(3) an explanation of how activities to be carried 
        out under the grant that are not described in paragraph 
        (2) will be effective in reducing underage alcohol 
        abuse, including references to the past effectiveness 
        of such activities;
          [(4) an assurance that the applicant will submit to 
        the Secretary an annual report concerning the 
        effectiveness of the programs and activities funded 
        under the grant; and
          [(5) such other information as the Secretary 
        determines appropriate.
  [(c) Streamlining of Process for Low-Income and Rural LEAs.--
The Secretary, in consultation with the Administrator of the 
Substance Abuse and Mental Health Services Administration, 
shall develop procedures to make the application process for 
grants under this section more user-friendly, particularly for 
low-income and rural local educational agencies.
  [(d) Reservations.--
          [(1) SAMHSA.--The Secretary may reserve 20 percent of 
        any amount used to carry out this section to enable the 
        Administrator of the Substance Abuse and Mental Health 
        Services Administration to provide alcohol abuse 
        resources and start-up assistance to local educational 
        agencies receiving grants under this section.
          [(2) Low-income and rural areas.--The Secretary may 
        reserve 25 percent of any amount used to carry out this 
        section to award grants to low-income and rural local 
        educational agencies.]

[SEC. 4130. [20 U.S.C. 7140] MENTORING PROGRAMS.]

  [(a) Purpose; Definitions.--
          [(1) Purpose.--The purpose of this section is to make 
        assistance available to promote mentoring programs for 
        children with greatest need--
                  [(A) to assist such children in receiving 
                support and guidance from a mentor;
                  [(B) to improve the academic achievement of 
                such children;
                  [(C) to improve interpersonal relationships 
                between such children and their peers, 
                teachers, other adults, and family members;
                  [(D) to reduce the dropout rate of such 
                children; and
                  [(E) to reduce juvenile delinquency and 
                involvement in gangs by such children.
          [(2) Definitions.--In this part:
                  [(A) Child with greatest need.--The term 
                ``child with greatest need'' means a child who 
                is at risk of educational failure, dropping out 
                of school, or involvement in criminal or 
                delinquent activities, or who lacks strong 
                positive role models.
                  [(B) Eligible entity.--The term ``eligible 
                entity'' means--
                          [(i) a local educational agency;
                          [(ii) a nonprofit, community-based 
                        organization; or
                          [(iii) a partnership between a local 
                        educational agency and a nonprofit, 
                        community-based organization.
                  [(C) Mentor.--The term ``mentor'' means a 
                responsible adult, a postsecondary school 
                student, or a secondary school student who 
                works with a child--
                          [(i) to provide a positive role model 
                        for the child;
                          [(ii) to establish a supportive 
                        relationship with the child; and
                          [(iii) 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.
                  [(D) State.--The term ``State'' means each of 
                the several States, the District of Columbia, 
                the Commonwealth of Puerto Rico, the United 
                States Virgin Islands, Guam, American Samoa, 
                and the Commonwealth of the Northern Mariana 
                Islands.
  [(b) Grant Program.--
          [(1) In general.--The Secretary may award grants from 
        funds made available to carry out this subpart under 
        section 4003(2) to eligible entities to assist such 
        entities in establishing and supporting mentoring 
        programs and activities for children with greatest need 
        that--
                  [(A) are designed to link such children 
                [(particularly children living in rural areas, 
                high-crime areas, or troubled home 
                environments, or children experiencing 
                educational failure) with mentors who--
                          [(i) have received training and 
                        support in mentoring;
                          [(ii) have been screened using 
                        appropriate reference checks, child and 
                        domestic abuse record checks, and 
                        criminal background checks; and
                          [(iii) are interested in working with 
                        children with greatest need; and
                  [(B) are intended to achieve one or more of 
                the following goals with respect to children 
                with greatest need:
                          [(i) Provide general guidance.
                          [(ii) Promote personal and social 
                        responsibility.
                          [(iii) Increase participation in, and 
                        enhance the ability to benefit from, 
                        elementary and secondary education.
                          [(iv) Discourage illegal use of drugs 
                        and alcohol, violence, use of dangerous 
                        weapons, promiscuous behavior, and 
                        other criminal, harmful, or potentially 
                        harmful activity.
                          [(v) Encourage participation in 
                        community service and community 
                        activities.
                          [(vi) Encourage setting goals and 
                        planning for the future, including 
                        encouragement of graduation from 
                        secondary school and planning for 
                        postsecondary education or training.
                          [(viii) Discourage involvement in 
                        gangs.
          [(2) Use of funds.--
                  [(A) In general.--Each eligible entity 
                awarded a grant under this subsection shall use 
                the grant funds for activities that establish 
                or implement a mentoring program, that may 
                include--
                          [(i) hiring of mentoring coordinators 
                        and support staff;
                          [(ii) providing for the professional 
                        development of mentoring coordinators 
                        and support staff;
                          [(iii) recruitment, screening, and 
                        training of mentors;
                          [(iv) reimbursement to schools, if 
                        appropriate, for the use of school 
                        materials or supplies in carrying out 
                        the mentoring program;
                          [(v) dissemination of outreach 
                        materials;
                          [(vi) evaluation of the mentoring 
                        program using scientifically based 
                        methods; and
                          [(vii) such other activities as the 
                        Secretary may reasonably prescribe by 
                        rule.
                  [(B) Prohibited uses.--Notwithstanding 
                subparagraph (A), an eligible entity awarded a 
                grant under this section may not use the grant 
                funds--
                          [(i) to directly compensate mentors;
                          [(ii) to obtain educational or other 
                        materials or equipment that would 
                        otherwise be used in the ordinary 
                        course of the eligible entity's 
                        operations;
                          [(iii) to support litigation of any 
                        kind; or
                          [(iv) for any other purpose 
                        reasonably prohibited by the Secretary 
                        by rule.
          [(3) Availability of funds.--Funds made available 
        through a grant under this section shall be available 
        for obligation for a period not to exceed 3 years.
          [(4) Application.--Each eligible entity seeking a 
        grant under this section shall submit to the Secretary 
        an application that includes--
                  [(A) a description of the plan for the 
                mentoring program the eligible entity proposes 
                to carry out with such grant;
                  [(B) information on the children expected to 
                be served by the mentoring program for which 
                such grant is sought;
                  [(C) a description of the mechanism the 
                eligible entity will use to match children with 
                mentors based on the needs of the children;
                  [(D) an assurance that no mentor will be 
                assigned to mentor so many children that the 
                assignment will undermine the mentor's ability 
                to be an effective mentor or the mentor's 
                ability to establish a close relationship (a 
                one-to-one relationship, where practicable) 
                with each mentored child;
                  [(E) an assurance that the mentoring program 
                will provide children with a variety of 
                experiences and support, including--
                          [(i) emotional support;
                          [(ii) academic assistance; and
                          [(iii) exposure to experiences that 
                        the children might not otherwise 
                        encounter on their own;
                  [(F) an assurance that the mentoring program 
                will be monitored to ensure that each child 
                assigned a mentor benefits from that assignment 
                and that the child will be assigned a new 
                mentor if the relationship between the original 
                mentor and the child is not beneficial to the 
                child;
                  [(G) information regarding how mentors and 
                children will be recruited to the mentoring 
                program;
                  [(H) information regarding how prospective 
                mentors will be screened;
                  [(I) information on the training that will be 
                provided to mentors; and
                  [(J) information on the system that the 
                eligible entity will use to manage and monitor 
                information relating to the mentoring 
                program's--
                          [(i) reference checks;
                          [(ii) child and domestic abuse record 
                        checks;
                          [(iii) criminal background checks; 
                        and
                          [(iv) procedure for matching children 
                        with mentors.
          [(5) Selection.--
                  [(A) Competitive basis.--In accordance with 
                this subsection, the Secretary shall award 
                grants to eligible entities on a competitive 
                basis.
                  [(B) Priority.--In awarding grants under 
                subparagraph (A), the Secretary shall give 
                priority to each eligible entity that--
                          [(i) serves children with greatest 
                        need living in rural areas, high-crime 
                        areas, or troubled home environments, 
                        or who attend schools with violence 
                        problems;
                          [(ii) provides high quality 
                        background screening of mentors, 
                        training of mentors, and technical 
                        assistance in carrying out mentoring 
                        programs; or
                          [(iii) proposes a school-based 
                        mentoring program.
                  [(C) Other considerations.--In awarding 
                grants under subparagraph (A), the Secretary 
                shall also consider--
                          [(i) the degree to which the location 
                        of the mentoring program proposed by 
                        each eligible entity contributes to a 
                        fair distribution of mentoring programs 
                        with respect to urban and rural 
                        locations;
                          [(ii) the quality of the mentoring 
                        program proposed by each eligible 
                        entity, including--
                                  [(I) the resources, if any, 
                                the eligible entity will 
                                dedicate to providing children 
                                with opportunities for job 
                                training or postsecondary 
                                education;
                                  [(II) the degree to which 
                                parents, teachers, community-
                                based organizations, and the 
                                local community have 
                                participated, or will 
                                participate, in the design and 
                                implementation of the proposed 
                                mentoring program;
                                  [(III) the degree to which 
                                the eligible entity can ensure 
                                that mentors will develop 
                                longstanding relationships with 
                                the children they mentor;
                                  [(IV) the degree to which the 
                                mentoring program will serve 
                                children with greatest need in 
                                the 4th through 8th grades; and
                                  [(V) the degree to which the 
                                mentoring program will continue 
                                to serve children from the 9th 
                                grade through graduation from 
                                secondary school, as needed; 
                                and
                          [(iii) the capability of each 
                        eligible entity to effectively 
                        implement its mentoring program.
                  [(D) Grant to each state.--Notwithstanding 
                any other provision of this subsection, in 
                awarding grants under subparagraph (A), the 
                Secretary shall select not less than one grant 
                recipient from each State for which there is an 
                eligible entity that submits an application of 
                sufficient quality pursuant to paragraph (4).
          [(6) Model screening guidelines.--
                  [(A) In general.--Based on model screening 
                guidelines developed by the Office of Juvenile 
                Programs of the Department of Justice, the 
                Secretary shall develop and distribute to each 
                eligible entity awarded a grant under this 
                section specific model guidelines for the 
                screening of mentors who seek to participate in 
                mentoring programs assisted under this section.
                  [(B) Background checks.--The guidelines 
                developed under this subsection shall include, 
                at a minimum, a requirement that potential 
                mentors be subject to reference checks, child 
                and domestic abuse record checks, and criminal 
                background checks.]

                      [Subpart 3--Gun Possession]

[SEC. 4141. [20 U.S.C. 7151] GUN-FREE REQUIREMENTS.]

  [(a) Short Title.--This subpart may be cited as the ``Gun-
Free Schools Act''.
  [(b) Requirements.--
          [(1) In general.--Each State receiving Federal funds 
        under any title of this Act shall have in effect a 
        State law requiring local educational agencies to expel 
        from school for a period of not less than 1 year a 
        student who is determined to have brought a firearm to 
        a school, or to have possessed a firearm at a school, 
        under the jurisdiction of local educational agencies in 
        that State, except that such State law shall allow the 
        chief administering officer of a local educational 
        agency to modify such expulsion requirement for a 
        student on a case-by-case basis if such modification is 
        in writing.
          [(2) Construction.--Nothing in this subpart shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
          [(3) Definition.--For the purpose of this section, 
        the term ``firearm'' has the same meaning given such 
        term in section 921(a) of title 18, United States Code.
  [(c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
  [(d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
          [(1) an assurance that such local educational agency 
        is in compliance with the State law required by 
        subsection (b); and
          [(2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                  [(A) the name of the school concerned;
                  [(B) the number of students expelled from 
                such school; and
                  [(C) the type of firearms concerned.
  [(e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
  [(f) Definition.--For the purpose of subsection (d), the term 
``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
  [(g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
  [(h) Policy Regarding Criminal Justice System Referral.--
          [(1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
          [(2) Definition.--For the purpose of this subsection, 
        the term ``school'' has the same meaning given to such 
        term by section 921(a) of title 18, United States 
        Code.]

                    [Subpart 4--General Provisions]

[SEC. 4151. [20 U.S.C. 7161] DEFINITIONS.]

  [In this part:
          [(1) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V in section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
          [(2) Drug.--The term ``drug'' includes controlled 
        substances; the illegal use of alcohol and tobacco; and 
        the harmful, abusive, or addictive use of substances, 
        including inhalants and anabolic steroids.
          [(3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                  [(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or 
                education related to the illegal use of drugs;
                  [(B) with respect to violence, the promotion 
                of school safety, such that students and school 
                personnel are free from violent and disruptive 
                acts, including sexual harassment and abuse, 
                and victimization associated with prejudice and 
                intolerance, on school premises, going to and 
                from school, and at school-sponsored 
                activities, through the creation and 
                maintenance of a school environment that is 
                free of weapons and fosters individual 
                responsibility and respect for the rights of 
                others.
          [(4) Hate crime.--The term ``hate crime'' means a 
        crime as described in section 1(b) of the Hate Crime 
        Statistics Act of 1990.
          [(5) Nonprofit.--The term ``nonprofit'', as applied 
        to a school, agency, organization, or institution means 
        a school, agency, organization, or institution owned 
        and operated by one or more nonprofit corporations or 
        associations, no part of the net earnings of which 
        inures, or may lawfully inure, to the benefit of any 
        private shareholder or individual.
          [(6) Protective factor, buffer, or asset.--The terms 
        ``protective factor'', ``buffer'', and ``asset'' mean 
        any one of a number of the community, school, family, 
        or peer-individual domains that are known, through 
        prospective, longitudinal research efforts, or which 
        are grounded in a well-established theoretical model of 
        prevention, and have been shown to prevent alcohol, 
        tobacco, or illegal drug use, as well as violent 
        behavior, by youth in the community, and which promote 
        positive youth development.
          [(7) Risk factor.--The term ``risk factor'' means any 
        one of a number of characteristics of the community, 
        school, family, or peer-individual domains that are 
        known, through prospective, longitudinal research 
        efforts, to be predictive of alcohol, tobacco, and 
        illegal drug use, as well as violent behavior, by youth 
        in the school and community.
          [(8) School-aged population.--The term ``school-aged 
        population'' means the population aged five through 17, 
        as determined by the Secretary on the basis of the most 
        recent satisfactory data available from the Department 
        of Commerce.
          [(9) School based mental health services provider.--
        The term ``school based mental health services 
        provider'' includes a State licensed or State certified 
        school counselor, school psychologist, school social 
        worker, or other State licensed or certified mental 
        health professional qualified under State law to 
        provide such services to children and adolescents.
          [(10) School personnel.--The term ``school 
        personnel'' includes teachers, principals, 
        administrators, counselors, social workers, 
        psychologists, nurses, librarians, and other support 
        staff who are employed by a school or who perform 
        services for the school on a contractual basis.
          [(11) School resource officer.--The term ``school 
        resource officer'' means a career law enforcement 
        officer, with sworn authority, deployed in community 
        oriented policing, and assigned by the employing police 
        department to a local educational agency to work in 
        collaboration with schools and community based 
        organizations to--
                  [(A) educate students in crime and illegal 
                drug use prevention and safety;
                  [(B) develop or expand community justice 
                initiatives for students; and
                  [(C) train students in conflict resolution, 
                restorative justice, and crime and illegal drug 
                use awareness.]

[SEC. 4152. [20 U.S.C. 7162] MESSAGE AND MATERIALS.]

  [(a) ``Wrong and Harmful'' Message.--Drug and violence 
prevention programs supported under this part shall convey a 
clear and consistent message that the illegal use of drugs and 
acts of violence are wrong and harmful.
  [(b) Curriculum.--The Secretary shall not prescribe the use 
of specific curricula for programs supported under this part.]

[SEC. 4153. [20 U.S.C. 7163] 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 or activity funded 
under this part. 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 part, 
other than classroom instruction.]

[SEC. 4154. [20 U.S.C. 7164] PROHIBITED USES OF FUNDS.]

  [No funds under this part may be used for--
          [(1) construction (except for minor remodeling needed 
        to accomplish the purposes of this part); or
          [(2) medical services, drug treatment or 
        rehabilitation, except for pupil services or referral 
        to treatment for students who are victims of, or 
        witnesses to, crime or who illegally use drugs.]

[SEC. 4155. [20 U.S.C. 7165] TRANSFER OF SCHOOL DISCIPLINARY RECORDS.]

  [(a) Nonapplication of Provisions.--This section shall not 
apply to any disciplinary records with respect to a suspension 
or expulsion that are transferred from a private, parochial or 
other nonpublic school, person, institution, or other entity, 
that provides education below the college level.
  [(b) Disciplinary Records.--In accordance with the Family 
Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g), 
not later than 2 years after the date of enactment of this 
part, each State receiving Federal funds under this Act shall 
provide an assurance to the Secretary that the State has a 
procedure in place to facilitate the transfer of disciplinary 
records, with respect to a suspension or expulsion, by local 
educational agencies to any private or public elementary school 
or secondary school for any student who is enrolled or seeks, 
intends, or is instructed to enroll, on a full- or part-time 
basis, in the school.]

     PART A--IMPROVING LITERACY INSTRUCTION AND STUDENT ACHIEVEMENT

SEC. 4101. SHORT TITLE.

  This part may be cited as the ``Improving Literacy 
Instruction and Student Achievement Act''.

SEC. 4102. PURPOSES.

  The purposes of this part are--
          (1) to improve student academic achievement in 
        reading and writing by providing Federal support to 
        State educational agencies to develop, coordinate, and 
        implement comprehensive literacy plans that ensure 
        high-quality instruction and effective strategies in 
        reading and writing from early education through grade 
        12; and
          (2) to assist State educational agencies in achieving 
        the purpose described in paragraph (1) by--
                  (A) supporting the development and 
                implementation of comprehensive early learning 
                through grade 12 literacy programs in every 
                State that are based on scientifically valid 
                research, to ensure that every child can read 
                and write at grade level or above;
                  (B) providing children with learning 
                opportunities in high-quality, language rich, 
                literature rich, informational text rich, 
                culturally relevant, and developmentally 
                appropriate environments so that the children 
                develop the fundamental knowledge and skills 
                necessary for literacy engagement, development, 
                and achievement in kindergarten through grade 
                12;
                  (C) educating parents in the ways the parents 
                can support their child's communication and 
                literacy development;
                  (D) supporting efforts to link and align 
                standards and research-based instruction and 
                teaching practices in early learning programs;
                  (E) supporting high-quality and effective 
                strategies for children to develop oral 
                language, reading, and writing abilities 
                through high-quality research-based instruction 
                and teaching practices;
                  (F) improving academic achievement by 
                establishing adolescent literacy initiatives 
                that provide explicit and systematic 
                instruction in oral language, reading, and 
                writing development across the curriculum;
                  (G) identifying and supporting children 
                reading and writing significantly below grade 
                level by providing research-based, intensive 
                interventions, including interventions 
                conducted during extended learning time, to 
                help the children acquire the language and 
                literacy skills the children need to stay on 
                track for graduation;
                  (H) providing assistance to local educational 
                agencies in order to provide educators with 
                ongoing, job embedded professional development, 
                and other support, that focuses on--
                          (i) effective literacy instruction; 
                        and
                          (ii) the special knowledge and skills 
                        necessary to teach and support literacy 
                        development effectively across the 
                        developmental and age span;
                  (I) supporting State educational agencies and 
                local educational agencies in improving 
                reading, writing, and literacy-based academic 
                achievement for children, especially children 
                who are low-income individuals, are English 
                learners, are migratory, are children with 
                disabilities, are Indian or Alaskan Native, are 
                neglected or delinquent, are homeless, are in 
                the custody of the child welfare system, or 
                have dropped out of school;
                  (J) supporting State educational agencies and 
                local educational agencies in using age 
                appropriate and developmentally and 
                linguistically appropriate instructional 
                materials and strategies that assist teachers 
                as the teachers work with children to develop 
                reading and writing competencies appropriate to 
                the children's grade and skill levels;
                  (K) strengthening coordination among schools, 
                early literacy programs, family literacy 
                programs, juvenile justice programs, public 
                libraries, and outside-of-school programs that 
                provide children with strategies, curricula, 
                interventions, and assessments designed to 
                advance early and continuing language and 
                literacy development in ways appropriate for 
                each context;
                  (L) supporting professional development for 
                educators based on scientific approaches to 
                adult learning; and
                  (M) evaluating whether the professional 
                development activities and approaches are 
                effective in building knowledge and skills of 
                educators and their use of appropriate and 
                effective practices.

SEC. 4103. DEFINITIONS.

  In this part:
          (1) Child.--The term ``child'' means an individual 
        from the age of birth through the final year for which 
        the State provides free public education.
          (2) Classroom-based instructional assessment.--The 
        term ``classroom-based instructional assessment'' means 
        an assessment for children from birth through grade 3 
        that--
                  (A) is valid and reliable for the age and 
                population of children served in the program;
                  (B) is used to evaluate children's 
                developmental progress and learning and 
                includes systematic observations by teachers of 
                children performing tasks, including academic 
                and literacy tasks, that are part of the 
                children's daily classroom experience; and
                  (C) is used to improve classroom instruction.
          (3) Comprehensive literacy instruction.--The term 
        ``comprehensive literacy instruction'' means 
        instruction that--
                  (A) incorporates effective literacy 
                instruction; and
                  (B) is designed to support--
                          (i) developmentally appropriate, 
                        contextually explicit, systematic 
                        instruction, and frequent practice, in 
                        reading across content areas; and
                          (ii) developmentally appropriate and 
                        contextually explicit instruction, and 
                        frequent practice, in writing across 
                        content areas.
          (4) Developmental delay.--The term ``developmental 
        delay'' has the meaning given the term in section 632 
        of the Individuals with Disabilities Education Act (20 
        U.S.C. 1432).
          (5) Early learning program.--The term ``early 
        learning program'' means a program serving children 
        between the ages of birth and kindergarten entry.
          (6) Effective literacy instruction.--
                  (A) In general.--The term ``effective 
                literacy instruction'' means literacy 
                instruction that--
                          (i) includes age-appropriate, 
                        explicit, systematic, and intentional 
                        instruction in phonological awareness, 
                        phonic decoding, vocabulary, language 
                        structure, reading fluency, and reading 
                        comprehension;
                          (ii) includes age-appropriate, 
                        explicit instruction in writing, 
                        including opportunities for children to 
                        write with clear purposes, with 
                        critical reasoning appropriate to the 
                        topic and purpose, and with specific 
                        instruction and feedback from 
                        instructional staff;
                          (iii) makes available and uses 
                        diverse, high-quality print materials 
                        that reflect the reading and 
                        development levels, and interests, of 
                        children;
                          (iv) uses differentiated 
                        instructional approaches, including 
                        individual and small group instruction 
                        and discussion;
                          (v) provides opportunities for 
                        children to use language with peers and 
                        adults in order to develop language 
                        skills, including developing 
                        vocabulary;
                          (vi) includes frequent practice of 
                        reading and writing strategies;
                          (vii) uses age-appropriate, valid, 
                        and reliable screening assessments, 
                        diagnostic assessments, formative 
                        assessments, and summative assessments 
                        to identify a child's learning needs, 
                        to inform instruction, and to monitor 
                        the child's progress and the effects of 
                        instruction;
                          (viii) uses strategies to enhance 
                        children's motivation to read and write 
                        and children's engagement in self-
                        directed learning;
                          (ix) incorporates the principles of 
                        universal design for learning;
                          (x) depends on teachers' 
                        collaboration in planning, instruction, 
                        and assessing a child's progress and on 
                        continuous professional learning; and
                          (xi) links literacy instruction to 
                        the State college and career ready 
                        academic content standards under 
                        section 1111(a)(1), including the 
                        ability to navigate, understand, and 
                        write about, complex print and digital 
                        subject matter.
                  (B) Birth through kindergarten.--When used 
                with respect to instruction for children from 
                birth to kindergarten entry, the term 
                ``effective literacy instruction'' also 
                includes--
                          (i) developing such children's 
                        alphabet knowledge, reading aloud to 
                        children, discussing reading and 
                        writing with children, and modeling age 
                        and developmentally appropriate reading 
                        and writing strategies; and
                          (ii) encouraging children's early 
                        attempts at oral communication, 
                        reading, and writing.
                  (C) Kindergarten through grade 12.--When used 
                with respect to the instruction of children in 
                kindergarten through grade 12, the term 
                ``effective literacy instruction'' also 
                includes--
                          (i) providing systematic and 
                        intensive interventions, which can be 
                        provided inside or outside the 
                        classroom as well as before, during, or 
                        after regular school hours, to 
                        supplement regular instruction for 
                        children reading below grade level;
                          (ii) providing reading and writing 
                        opportunities that build academic 
                        vocabulary and knowledge of different 
                        text structures in core academic 
                        subjects;
                          (iii) enabling children to write, 
                        communicate, and create knowledge, in 
                        ways that fit purpose, audience, 
                        occasion, discipline, and format, 
                        including practice in--
                                  (I) adhering to language 
                                conventions, including 
                                spelling, punctuation, and 
                                grammar;
                                  (II) planning and revising to 
                                improve clarity, coherence, 
                                logical development, and 
                                language usage; and
                                  (III) writing individually 
                                and collaboratively with 
                                feedback from instructors and 
                                peers; and
                          (iv) cultivating shared 
                        responsibility for children's literacy 
                        learning by coordinating writing tasks, 
                        instructional practices, and criteria 
                        for feedback across academic content 
                        areas.
          (7) Eligible entity.--The term ``eligible entity'' 
        means an entity--
                  (A) that serves high-need children; and
                  (B)(i) when used with respect to a subgrant 
                under section 4108, that consists of--
                                  (I) 1 or more local 
                                educational agencies providing 
                                early learning programs that 
                                have a demonstrated record of 
                                providing comprehensive 
                                literacy instruction for the 
                                age group such agencies or 
                                programs propose to serve;
                                  (II) 1 or more public or 
                                private early learning 
                                programs, such as a Head Start 
                                program, a child care program, 
                                a State-funded prekindergarten 
                                program, a public library 
                                program, or a family literacy 
                                program, that have a 
                                demonstrated record of 
                                providing comprehensive 
                                literacy instruction for the 
                                age group such programs propose 
                                to serve; or
                                  (III) 1 or more local 
                                educational agencies providing 
                                early learning programs, or 1 
                                or more public or private early 
                                learning programs, such as a 
                                Head Start program, a child 
                                care program, a State-funded 
                                prekindergarten program, a 
                                public library program, or a 
                                family literacy program, in 
                                partnership with 1 or more 
                                public or private nonprofit 
                                organizations or agencies that 
                                have a demonstrated record of 
                                effectiveness--
                                          (aa) in improving the 
                                        early literacy 
                                        development of children 
                                        from birth through 
                                        kindergarten entry; and
                                          (bb) in providing 
                                        professional 
                                        development aligned 
                                        with the activities 
                                        described in section 
                                        4108(e)(1); or
                          (ii) when used with respect to a 
                        subgrant under section 4109--
                                  (I) that is--
                                          (aa) a local 
                                        educational agency;
                                          (bb) a consortium of 
                                        local educational 
                                        agencies; or
                                          (cc) a local 
                                        educational agency or 
                                        consortium of local 
                                        educational agencies 
                                        acting in partnership 
                                        with 1 or more public 
                                        or private nonprofit 
                                        organizations or 
                                        agencies that have a 
                                        demonstrated record of 
                                        effectiveness in--
                                                  (AA) 
                                                improving 
                                                literacy 
                                                achievement of 
                                                children 
                                                consistent with 
                                                the purposes of 
                                                their 
                                                participation 
                                                from 
                                                kindergarten 
                                                through grade 
                                                12; and
                                                  (BB) 
                                                providing 
                                                professional 
                                                development 
                                                aligned with 
                                                the activities 
                                                described in 
                                                subsection (b) 
                                                and (c) of 
                                                section 4109; 
                                                and
                                  (II)(aa) has the highest 
                                numbers or proportion of 
                                children who are counted under 
                                section 1124(c), in comparison 
                                to other local educational 
                                agencies in the State;
                                  (bb) is among or consists of 
                                the local educational agencies 
                                in the State with the highest 
                                numbers or percentages of 
                                children reading or writing 
                                below grade level, based on the 
                                most currently available State 
                                academic assessment data under 
                                section 1111(a); or
                                  (cc) has jurisdiction over a 
                                significant number or 
                                percentage of schools that are 
                                identified as persistently low-
                                achieving under section 
                                1116(c)(2).
          (8) English language acquisition.--
                  (A) In general.--The term ``English language 
                acquisition'' means the process by which a non-
                native English speaker acquires proficiency in 
                speaking, listening, reading, and writing the 
                English language.
                  (B) Inclusions for english learners in 
                school.--For an English learner in school, such 
                term includes not only the social language 
                proficiency needed to participate in the school 
                environment, but also the academic language 
                proficiency needed to acquire literacy and 
                academic content and demonstrate the child's 
                learning.
          (9) Family literacy services.--The term ``family 
        literacy services'' means literacy services provided to 
        participants on a voluntary basis that are of 
        sufficient intensity and quality, that better enable 
        parents to support their children's learning needs, and 
        that integrate--
                  (A) interactive literacy activities between 
                or among family members who are primary 
                caregivers and their children, including family 
                literacy education to improve literacy of 
                parents; and
                  (B) training for family members who are 
                primary caregivers regarding how to be the 
                primary teacher for their children and full 
                partners in the education of their children.
          (10) Formative assessment.--The term ``formative 
        assessment'' means an assessment that--
                  (A) is teacher-generated or selected by 
                teachers or instructional leaders for use 
                during learning;
                  (B) is embedded within the learning activity 
                and linked directly to the intended outcomes of 
                the current unit of instruction; and
                  (C) provides feedback to help adjust ongoing 
                teaching and learning to improve children's 
                achievement of intended instructional outcomes.
          (11) High-quality professional development.--The term 
        ``high-quality professional development'' means 
        professional development that--
                  (A) is job-embedded, ongoing, and based on 
                scientifically valid research;
                  (B) is sustained, intensive, and classroom-
                focused, and is not limited in scope to a 1-day 
                or short-term workshop or conference;
                  (C) is designed to increase the knowledge and 
                expertise of teachers, early childhood 
                educators and administrators, principals, other 
                instructional leaders, and other program staff 
                in applying--
                          (i) effective literacy instruction; 
                        and
                          (ii) instructional strategies and 
                        practices that are appropriate to the 
                        age, development, and needs of children 
                        and improve learning, including 
                        strategies and practices consistent 
                        with the principles of universal design 
                        for learning;
                  (D) includes and supports teachers in 
                effectively administering age and 
                developmentally appropriate assessments, and 
                analyzing the results of these assessments for 
                the purposes of planning, monitoring, adapting, 
                and improving effective classroom instruction 
                or teaching strategies to improve child 
                literacy;
                  (E) includes instructional strategies 
                utilizing one-to-one, small group, and 
                classroom-based instructional materials and 
                approaches based on scientifically valid 
                research on literacy;
                  (F) provides ongoing instructional literacy 
                coaching--
                          (i) to ensure high-quality 
                        implementation of comprehensive 
                        literacy instruction that is--
                                  (I) content centered;
                                  (II) integrated across the 
                                curriculum;
                                  (III) collaborative; and
                                  (IV) school, setting, and 
                                classroom embedded; and
                          (ii) that uses student data to 
                        improve instruction;
                  (G) includes and supports teachers in setting 
                high reading and writing achievement goals for 
                all children and provides the teachers with the 
                instructional tools and skills to help children 
                reach such goals;
                  (H) for educators serving children in 
                kindergarten through grade 12--
                          (i) supports effective literacy 
                        instruction through core academic 
                        subjects, and through career and 
                        technical education subjects where such 
                        career and technical education subjects 
                        provide for the integration of core 
                        academic subjects; and
                          (ii) includes explicit instruction in 
                        discipline-specific thinking and how to 
                        read and interpret discipline-specific 
                        text structures and features;
                  (I) is differentiated for educators working 
                with children from birth through kindergarten 
                entry, children in kindergarten through grade 
                3, and children in grades 4 through 12, and, as 
                appropriate, based on the grade or needs of the 
                children; and
                  (J) supports family literacy experiences and 
                practices, and educating parents, teachers, and 
                other caregivers about literacy development and 
                child literacy development.
          (12) Instructional leader.--The term ``instructional 
        leader'' means an individual who--
                  (A) is an employee or officer of a school; 
                and
                  (B) is responsible for--
                          (i) the school's performance; and
                          (ii) the daily instructional and 
                        managerial operations of the school.
          (13) Literacy coach.--The term ``literacy coach'' 
        means a professional--
                  (A) who has--
                          (i) previous teaching experience; and
                          (ii)(I) a master's degree with a 
                        concentration in reading and writing 
                        education or demonstrated proficiency 
                        in teaching reading or writing in a 
                        core academic subject consistent with 
                        effective literacy instruction; or
                          (II) in the case of a literacy coach 
                        for children from birth through 
                        kindergarten entry, a concentration, 
                        credential, or significant experience 
                        in child development and early literacy 
                        development;
                  (B) who supports teachers to--
                          (i) apply research on how children 
                        become successful readers, writers, and 
                        communicators;
                          (ii) apply multiple forms of 
                        assessment to guide instructional 
                        decisionmaking and use data to improve 
                        literacy instruction;
                          (iii) improve children's writing and 
                        reading in and across content areas 
                        such as mathematics, science, social 
                        studies, and language arts;
                          (iv) develop and implement 
                        differentiated instruction and teaching 
                        approaches to serve the needs of the 
                        full range of learners, including 
                        English learners and children with 
                        disabilities;
                          (v) apply principles of universal 
                        design for learning;
                          (vi) employ best practices in 
                        engaging principals, early learning 
                        program educators and administrators, 
                        teachers, and other relevant 
                        professionals to change school cultures 
                        that encourage and support literacy 
                        development and achievement; and
                          (vii) set for children birth through 
                        kindergarten developmentally 
                        appropriate expectations for language 
                        and literacy development, and high 
                        reading and writing achievement goals 
                        for all children and select, acquire, 
                        and use instructional tools and skills 
                        to help children reach such goals; and
                  (C) whose role with teachers and 
                professionals supporting literacy instruction 
                is--
                          (i) to provide high-quality 
                        professional development, consistent 
                        with the definition of comprehensive 
                        literacy instruction;
                          (ii) to work cooperatively and 
                        collaboratively with principals, 
                        teachers, and other professionals in 
                        employing strategies to help teachers 
                        identify and support child literacy and 
                        language development needs and teach 
                        literacy across the content areas and 
                        developmental domains; and
                          (iii) to work cooperatively and 
                        collaboratively with other 
                        professionals in employing strategies 
                        to help teachers teach literacy across 
                        the content areas so that the teachers 
                        can meet the needs of all children, 
                        including children with disabilities, 
                        English learners, and children who are 
                        reading at or above grade level.
          (14) Local educational agency.--The term ``local 
        educational agency''--
                  (A) has the meaning given the term in section 
                9101; and
                  (B) includes any public charter school that 
                constitutes a local educational agency under 
                State law.
          (15) Reading.--The term ``reading'' means a complex 
        system of deriving meaning from print that is 
        developmentally appropriate, 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 read with comprehension.
                  (C) The ability to decode unfamiliar words 
                with fluency.
                  (D) The use of background knowledge and 
                vocabulary to make meaning from a text.
                  (E) The development and use of appropriate 
                active strategies to interpret and construct 
                meaning from print.
                  (F) The development and maintenance of a 
                motivation to read.
          (16) Scientifically valid research.--The term 
        ``scientifically valid research'' has the meaning given 
        the term in section 200 of the Higher Education Act of 
        1965 (20 U.S.C. 1021).
          (17) Screening assessment.--The term ``screening 
        assessment'' means an assessment that is--
                  (A) valid, reliable, and based on 
                scientifically based reading research; and
                  (B) 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.
          (18) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
          (19) State literacy leadership team.--
                  (A) In general.--The term ``State literacy 
                leadership team'' means a team that--
                          (i) is appointed and coordinated by 
                        the State educational agency;
                          (ii) assumes the responsibility to 
                        guide the development and 
                        implementation of a statewide, 
                        comprehensive literacy plan;
                          (iii) shall include, at a minimum--
                                  (I) a school principal with 
                                literacy expertise;
                                  (II) a teacher with literacy 
                                expertise;
                                  (III) a teacher or 
                                administrator with expertise in 
                                special education;
                                  (IV) a teacher or 
                                administrator with expertise in 
                                teaching the English language 
                                to English learners;
                                  (V) a representative from the 
                                State educational agency who 
                                oversees literacy initiatives; 
                                and
                                  (VI) a representative from 
                                higher education who is 
                                actively involved in research, 
                                development, or teacher 
                                preparation in comprehensive 
                                literacy instruction and 
                                intervention based on 
                                scientifically valid research;
                          (iv) may include--
                                  (I) a literacy specialist 
                                serving in a school district 
                                within the State;
                                  (II) a literacy coach;
                                  (III) a librarian;
                                  (IV) a representative with 
                                family literacy expertise;
                                  (V) a representative from a 
                                State child-serving agency with 
                                expertise in comprehensive 
                                language and literacy 
                                instruction and strategies;
                                  (VI) a school counselor;
                                  (VII) a teacher of a core 
                                academic subject;
                                  (VIII) a special education 
                                administrator;
                                  (IX) a professor from a 4-
                                year institution of higher 
                                education;
                                  (X) a parent;
                                  (XI) a business leader;
                                  (XII) the Governor or a 
                                delegated representative of the 
                                Governor;
                                  (XIII) a representative from 
                                the State board of education;
                                  (XIV) a representative from 
                                the State legislature;
                                  (XV) a representative of a 
                                nonprofit and community-based 
                                organization providing 
                                comprehensive literacy 
                                instruction and support; and
                                  (XVI) a representative from a 
                                school district 
                                superintendent's office; and
                          (v) shall include, among the 
                        individuals selected to be members of 
                        the council pursuant to clauses (iii) 
                        and (iv), not less than 5 individuals 
                        who have literacy expertise in 1 of 
                        each of the areas of--
                                  (I) birth through 
                                kindergarten entry, such as the 
                                State Head Start collaboration 
                                director;
                                  (II) kindergarten entry 
                                through grade 3;
                                  (III) grades 4 through 12;
                                  (IV) English learners; and
                                  (V) special education.
                  (B) Inclusion of a preexisting partnership.--
                If, before the date of enactment of the 
                Elementary and Secondary Education 
                Reauthorization Act of 2011, a State 
                educational agency established a consortium, 
                partnership, or any other similar body that was 
                considered a literacy partnership for purposes 
                of subpart 1 or 2 of part B of title I (as such 
                title was in effect on such date) and that 
                includes the individuals required under clauses 
                (iii) and (v) of subparagraph (A), such 
                consortium, partnership, or body may be 
                considered a State literacy leadership team for 
                purposes of subparagraph (A).
          (20) Summative assessment.--The term ``summative 
        assessment'' means an assessment that--
                  (A) is valid, reliable, and based on 
                scientifically valid research on literacy and 
                English language acquisition; and
                  (B) for children from birth through 
                kindergarten entry, measures how young children 
                have progressed over time relative to 
                developmental norms, and for children in 
                kindergarten through grade 12, measures what 
                children have learned over time, relative to 
                academic content standards.
          (21) Writing.--The term ``writing'' means--
                  (A) composing meaning in print or through 
                other media, including technologies, to 
                communicate and to create new knowledge in ways 
                appropriate to the context of the writing and 
                the literacy development stage of the writer;
                  (B) composing ideas individually and 
                collaboratively in ways that are appropriate 
                for a variety of purposes, audiences, and 
                occasions;
                  (C) choosing vocabulary, tone, genre, and 
                conventions, such as spelling and punctuation, 
                suitable to the purpose, audience, and 
                occasion; and
                  (D) revising compositions for clarity of 
                ideas, coherence, logical development, and 
                precision of language use.

SEC. 4104. PROGRAM AUTHORIZED.

  (a) Reservations and Awards to State Educational Agencies.--
          (1) In general.--From the amounts appropriated to 
        carry out this part for a fiscal year, the Secretary 
        shall--
                  (A) reserve not more than a total of 4 
                percent of such amounts for dissemination of 
                information and technical assistance under 
                section 4110;
                  (B) reserve not more than 5 percent of such 
                amounts to award planning grants, on a 
                competitive basis, to State educational 
                agencies serving States, in accordance with 
                section 4105;
                  (C) in the case of a fiscal year for which 
                the amounts to carry out this part are less 
                than $500,000,000, use the amount not reserved 
                under subparagraphs (A) and (B) to make awards, 
                on a competitive basis, to State educational 
                agencies serving States that have applications 
                approved under section 4106 to enable the State 
                educational agencies to carry out the 
                activities described in section 4106(a); and
                  (D) in the case of a fiscal year for which 
                the amounts appropriated to carry out this part 
                are equal to or exceeding $500,000,000--
                          (i) reserve a total of 1 percent of 
                        such amount for--
                                  (I) allotments for the United 
                                States Virgin Islands, Guam, 
                                American Samoa, and the 
                                Commonwealth of the Northern 
                                Mariana Islands, to be 
                                distributed among such outlying 
                                areas on the basis of their 
                                relative need, as determined by 
                                the Secretary in accordance 
                                with the purposes of this part; 
                                and
                                  (II) the Secretary of the 
                                Interior for programs under 
                                sections 4105 through 4109 in 
                                schools operated or funded by 
                                the Bureau of Indian Education; 
                                and
                          (ii) use the amount not reserved 
                        under clause (i) and subparagraphs (A) 
                        and (B) to make awards, as described in 
                        paragraph (2), to State educational 
                        agencies serving States that have 
                        applications approved under section 
                        4106 to enable the State educational 
                        agencies to carry out the activities 
                        described in section 4106(a).
          (2) Special rules for years with funds equal or 
        exceeding $500,000,000.--
                  (A) Proportional division.--In each fiscal 
                year described in paragraph (1)(D), the amount 
                reserved under paragraph (1)(D)(i) shall be 
                divided between the uses described in 
                subclauses (I) and (II) of such paragraph in 
                the same proportion as the amount reserved 
                under section 1121(a) is divided between the 
                uses described in paragraphs (1) and (2) of 
                such section for such fiscal year.
                  (B) Consultation.--A State educational agency 
                that receives an allotment under paragraph 
                (1)(D)(ii) shall engage in timely and 
                meaningful consultation with representatives of 
                Indian tribes located in the State in order to 
                improve the coordination and quality of 
                activities designed to develop effective 
                approaches to achieve the purposes of this part 
                consistent with the cultural, language, and 
                educational needs of Indian children.
                  (C) State allotment formula.--The Secretary 
                shall allot the amount made available under 
                paragraph (1)(D)(ii) for a fiscal year among 
                the States in proportion to the number of 
                children, from birth through age 17, who reside 
                within the State and are from families with 
                incomes below the poverty line for the most 
                recent fiscal year for which satisfactory data 
                are available, compared to the number of such 
                children who reside in all States for that 
                fiscal year.
          (3) Minimum award amount.--No State educational 
        agency receiving an award under this section for a 
        fiscal year may receive less than one-fourth of 1 
        percent of the total amount appropriated to carry out 
        this part for the fiscal year.
          (4) Puerto rico.--The amount allotted under paragraph 
        (1)(C) to the Commonwealth of Puerto Rico for a fiscal 
        year may not exceed one-fourth of 1 percent of the 
        total amount appropriated to carry out this part for 
        such fiscal year.
  (b) Peer Review.--
          (1) In general.--The Secretary shall convene a peer 
        review panel to evaluate the applications to carry out 
        section 4105 or 4106 using the evaluation criteria 
        described in paragraph (2).
          (2) Development of evaluation criteria.--The 
        Secretary shall report to the authorizing committees 
        regarding the peer review process and evaluation 
        criteria that shall be used to evaluate the grant 
        applications to carry out sections 4105 and 4106.
          (3) Membership.--
                  (A) Composition.--A peer review panel 
                convened under paragraph (1) shall be composed 
                of not less than 9 members, of whom--
                          (i) 3 shall be appointed by the 
                        Secretary;
                          (ii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                  (I) recommended by the 
                                Chairman of the National 
                                Research Council of the 
                                National Academy of Sciences; 
                                and
                                  (II) with expertise in 
                                comprehensive language and 
                                literacy instruction and 
                                strategies; and
                          (iii) 3 shall be appointed by the 
                        Secretary from among individuals--
                                  (I) recommended by the 
                                Director of the National 
                                Institute of Child Health and 
                                Human Development; and
                                  (II) with expertise 
                                concerning literacy development 
                                in children from birth through 
                                grade 12.
                  (B) Competency and expertise; expertise.--The 
                peer review panel convened under paragraph (1) 
                may include--
                          (i) classroom teachers with expertise 
                        in literacy, and literacy coaches, 
                        including--
                                  (I) special education 
                                teachers;
                                  (II) teachers of children who 
                                are English learners; and
                                  (III) early childhood 
                                educators;
                          (ii) experts who provide high-quality 
                        professional development to teachers 
                        and other instructional staff to 
                        support children's literacy 
                        development;
                          (iii) experts in the screening 
                        assessment, diagnostic assessment, and 
                        other assessment of children's literacy 
                        development; and
                          (iv) experts in comprehensive 
                        literacy instruction and strategies in 
                        reading and writing, language 
                        development, and English language 
                        acquisition, as appropriate, including 
                        reading and writing in core academic 
                        subjects.
          (4) Distribution of recommendations.--Not later than 
        120 days after a peer review panel submits to the 
        Secretary the panel's recommendation regarding an 
        application by a State educational agency for a grant 
        under section 4105 or 4106, the Secretary shall notify 
        the State educational agency that the application has 
        been approved or disapproved and shall provide to such 
        State educational agency a copy of the peer review 
        panel's recommendation.
  (c) Conflicts of Interest.--
          (1) Peer review panels.--The Secretary shall ensure 
        that each member of a peer review panel described in 
        subsection (b) does not stand to benefit financially 
        from a grant or subgrant awarded under this part.
          (2) State literacy leadership teams.--Each State 
        educational agency that receives funding under this 
        part shall ensure that each member of a State literacy 
        leadership team participating in a program or activity 
        assisted under this part does not stand to benefit 
        financially from a grant or subgrant awarded under this 
        part.
  (d) Supplement Not Supplant.--Award funds provided under this 
part shall supplement, and not supplant, non-Federal funds that 
would, in the absence of such award funds, be made available 
for literacy instruction and support of children participating 
in programs assisted under this part.
  (e) Maintenance of Effort.--Each State educational agency 
that receives a grant or allotment under this section, and each 
eligible entity that receives a subgrant under section 4108 or 
4109, shall maintain for the fiscal year for which the grant or 
subgrant is received and for each subsequent fiscal year the 
expenditures of the State educational agency or eligible 
entity, respectively, for literacy instruction at a level not 
less than the level of such expenditures maintained by the 
State educational agency or eligible entity, respectively, for 
the fiscal year preceding such fiscal year for which the grant 
or subgrant is received.

SEC. 4105. STATE PLANNING GRANTS.

  (a) Planning Grants Authorized.--
          (1) In general.--From amounts made available under 
        section 4104(a)(1)(B), the Secretary may award planning 
        grants to State educational agencies to enable the 
        State educational agencies to complete comprehensive 
        planning to carry out activities that improve literacy 
        for children from birth through grade 12.
          (2) Grant period.--A planning grant awarded under 
        this section shall be for a period of not more than 1 
        year.
          (3) Nonrenewability.--The Secretary shall not award a 
        State educational agency more than 1 planning grant 
        under this section.
  (b) Application.--
          (1) In general.--Each State educational agency 
        desiring a planning grant under this section shall 
        submit an application to the Secretary at such time, in 
        such manner, and accompanied by such information as the 
        Secretary may require.
          (2) Contents.--Each application submitted under this 
        subsection shall, at a minimum, include a description 
        of how the State educational agency will develop a plan 
        for improving State efforts to develop, coordinate, 
        implement, and assess comprehensive literacy activities 
        that ensure high-quality instruction and effective 
        strategies in reading and writing for all children in 
        early learning programs and kindergarten through grade 
        12 programs. Such plan shall--
                  (A) describe the activities for which 
                assistance under this section is sought, 
                demonstrating a particular focus on children 
                who are reading or writing below grade level 
                and children whose early literacy skills are 
                below the appropriate age or developmental 
                level;
                  (B) provide a budget for the use of the 
                planning grant funds to complete the required 
                activities described in subsection (c);
                  (C) include an analysis of data on child 
                literacy and language and student academic 
                achievement in reading to identify and 
                establish baseline and benchmark levels against 
                which to monitor child progress and improvement 
                in literacy; and
                  (D) provide an assurance that all State 
                agencies responsible for administering early 
                learning programs and services (including the 
                State Head Start Collaboration Office and the 
                State agency responsible for administering 
                child care) and the State Advisory Council on 
                Early Childhood Education and Care collaborated 
                with the State educational agency to write the 
                early learning portion of the grant application 
                submitted under this subsection.
          (3) Approval of applications.--The Secretary shall 
        evaluate applications under this subsection based on 
        the responsiveness of the applications to the 
        requirements under this subsection.
  (c) Required Activities.--A State educational agency 
receiving planning grant funds under this section shall carry 
out each of the following activities:
          (1) Reviewing reading, writing, or other language and 
        literacy resources and programs, such as school library 
        programs, and data across the State to identify any 
        literacy needs and gaps in the State.
          (2) Forming or designating a State literacy 
        leadership team which shall execute the following 
        functions:
                  (A) Creating a comprehensive State literacy 
                plan that--
                          (i) is designed to improve language 
                        development, reading, writing, and 
                        academic achievement for children, 
                        especially children reading below grade 
                        level and children whose literacy 
                        skills are below the appropriate age or 
                        developmental level;
                          (ii) includes--
                                  (I) a needs assessment and an 
                                implementation plan, including 
                                an analysis of data on child 
                                literacy and student academic 
                                achievement in reading to 
                                identify baseline and benchmark 
                                levels of literacy and early 
                                literacy skills in order to 
                                monitor progress and 
                                improvement; and
                                  (II) a plan to improve 
                                reading achievement among all 
                                children;
                          (iii) ensures high-quality 
                        instruction, consistent with the 
                        characteristics of effective literacy 
                        instruction and strategies, in early 
                        learning programs and kindergarten 
                        through grade 12 programs; and
                          (iv) provides for activities designed 
                        to improve literacy achievement for 
                        children who read or write below grade 
                        level, including such children who--
                                  (I) attend schools that are 
                                identified under section 
                                1116(c)(2); or
                                  (II) are counted under 
                                section 1124(c);
                  (B) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's process of strengthening 
                State literacy standards and embedding State 
                literacy standards with the State's college and 
                career ready academic content standards and 
                college and career ready student academic 
                achievement standards, and early learning and 
                development standards.
                  (C) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's process of measuring, 
                assessing, and monitoring progress in literacy 
                at the school, local educational agency, and 
                State levels.
                  (D) Identifying criteria for high-quality 
                professional development providers, which 
                providers may include qualified teachers within 
                the State, for the State educational agency and 
                local educational agencies.
                  (E) Advising the State educational agency on 
                how to help ensure that local educational 
                agencies and schools provide timely and 
                appropriate data to teachers to inform and 
                improve instruction.
                  (F) Providing recommendations to guide the 
                State educational agency in the State 
                educational agency's planning process of 
                building educators' capacity to provide high-
                quality comprehensive literacy instruction.

SEC. 4106. STATE IMPLEMENTATION GRANTS.

  (a) Implementation Grants Authorized.--
          (1) In general.--From amounts made available under 
        subparagraphs (C) or (D)(ii) of section 4104(a)(1) (as 
        applicable), the Secretary shall award implementation 
        grants to State educational agencies to enable the 
        State educational agencies--
                  (A) to implement the comprehensive literacy 
                plan that meets the criteria in section 
                4105(c)(2)(A) for early learning programs and 
                kindergarten through grade 12 programs;
                  (B) to carry out State activities under 
                section 4107; and
                  (C) to award subgrants under sections 4108 
                and 4109.
          (2) Limitation.--The Secretary shall not award an 
        implementation grant under this section to a State for 
        any year for which the State has received a planning 
        grant under section 4105.
          (3) Duration of grants.--An implementation grant 
        under this section shall be awarded for a period of not 
        more than 5 years.
          (4) Renewals.--
                  (A) In general.--The Secretary may renew a 
                grant under this section for a period of not 
                more than 2 years.
                  (B) Conditions.--In order to be eligible to 
                have an implementation grant renewed under this 
                paragraph, the State educational agency shall 
                demonstrate to the satisfaction of the 
                Secretary that, during the project period--
                          (i) with respect to children from 
                        birth through kindergarten entry, the 
                        State educational agency has 
                        collaborated with the State agencies 
                        that oversee child care and other early 
                        learning programs, and has collaborated 
                        with the State Advisory Council on 
                        Early Childhood Education and Care, to 
                        comply with the terms of the grant, 
                        including using the funds--
                                  (I) to increase access to 
                                high-quality professional 
                                development;
                                  (II) for developmentally 
                                appropriate curricula and 
                                teaching materials; and
                                  (III) for developmentally 
                                appropriate classroom-based 
                                instructional assessments and 
                                developmentally appropriate 
                                screening assessments and 
                                diagnostic assessments; and
                          (ii) with respect to children in 
                        kindergarten through grade 12, 
                        demonstrates that there has been 
                        significant progress in student 
                        academic achievement, as measured by 
                        appropriate assessments, including the 
                        assessments included in the State 
                        accountability system under section 
                        1111(a)(3)(A).
  (b) State Applications.--
          (1) In general.--A State educational agency that 
        desires to receive an implementation grant under this 
        section shall submit an application to the Secretary at 
        such time, in such manner, and containing such 
        information as the Secretary may require. The State 
        educational agency shall collaborate with the State 
        agency responsible for administering early learning 
        programs and the State agency responsible for 
        administering child care programs in the State in 
        writing and implementing the early learning portion of 
        the grant application under this subsection.
          (2) Contents.--An application described in paragraph 
        (1) shall include the following:
                  (A) A description of the members of the State 
                literacy leadership team and a description of 
                how the State educational agency has developed 
                a comprehensive State literacy plan, consistent 
                with the requirements of section 4105(c)(2)(A).
                  (B) An implementation plan that includes a 
                description of how the State educational agency 
                will--
                          (i) carry out the State activities 
                        described in section 4107;
                          (ii) assist eligible entities with--
                                  (I) providing strategic and 
                                intensive comprehensive 
                                literacy instruction based on 
                                scientifically valid research 
                                for children who are reading 
                                and writing below grade level, 
                                including through--
                                          (aa) the use of 
                                        multitiered systems of 
                                        support; and
                                          (bb) addressing the 
                                        literacy needs of 
                                        children with 
                                        disabilities or 
                                        developmental delays 
                                        and English learners in 
                                        programs serving 
                                        children from birth 
                                        through grade 12;
                                  (II) providing training to 
                                parents, as appropriate, so 
                                that the parents can 
                                participate in the literacy 
                                related activities described in 
                                sections 4108 and 4109 to 
                                assist in the language and 
                                literacy development of their 
                                children;
                                  (III) selecting and using 
                                reading and writing 
                                assessments;
                                  (IV) providing classroom-
                                based instruction that is 
                                supported by one-to-one and 
                                small group work;
                                  (V) using curricular 
                                materials and instructional 
                                tools, which may include 
                                technology, to improve 
                                instruction and literacy 
                                achievement;
                                  (VI) providing for high-
                                quality professional 
                                development; and
                                  (VII) using the principles of 
                                universal design for learning;
                          (iii) ensure that local educational 
                        agencies in the State have leveraged 
                        and are effectively leveraging the 
                        resources needed to implement effective 
                        comprehensive literacy instruction, and 
                        have the capacity to implement literacy 
                        initiatives effectively; and
                          (iv) continually coordinate and align 
                        the activities assisted under this part 
                        with reading, writing, and other 
                        literacy resources and programs across 
                        the State and locally that serve 
                        children and their families and promote 
                        comprehensive literacy instruction and 
                        learning, including strengthening 
                        partnerships among schools, libraries, 
                        local youth-serving agencies, and 
                        programs, in order to improve literacy 
                        for all children.
                  (C) A description of the key data metrics, 
                and the performance targets for such metrics, 
                that will be used and reported annually under 
                section 4111(b)(1), which shall include--
                          (i) metrics established consistent 
                        with section 1111(a)(3)(A), for 
                        children in grades 3 through 12; and
                          (ii) the relevant program metrics and 
                        performance targets that the State 
                        shall use to monitor the implementation 
                        of its plan under section 4111.
                  (D) An assurance that the State educational 
                agency, and any eligible entity receiving a 
                subgrant from the State educational agency 
                under section 4108 or 4109, will, if requested, 
                participate in the national evaluation under 
                section 4110.
                  (E) An assurance that the State educational 
                agency will use implementation grant funds for 
                literacy programs as follows:
                          (i) Not less than 10 percent of such 
                        grant funds shall be used for State and 
                        local programs and activities 
                        pertaining to children from birth 
                        through kindergarten entry.
                          (ii) Not less than 30 percent of such 
                        grant funds shall be used for State and 
                        local programs and activities, 
                        allocated equitably among the grades of 
                        kindergarten through grade 5.
                          (iii) Not less than 30 percent of 
                        such grant funds shall be used for 
                        State and local programs and 
                        activities, allocated equitably among 
                        grades 6 through 12.
                          (iv) Not more than 10 percent of such 
                        implementation grant funds shall be 
                        used for the State activities described 
                        in section 4107.
                  (F) An assurance that the State educational 
                agency shall give priority to awarding a 
                subgrant to an eligible entity--
                          (i) under section 4108 based on the 
                        number or percentage of children 
                        younger than the age of kindergarten 
                        entry who are--
                                  (I) served by the eligible 
                                entity; and
                                  (II) from families with 
                                income levels below the poverty 
                                line; and
                          (ii) under section 4109 based on--
                                  (I) the number or percentage 
                                of children from birth through 
                                age 17 who are--
                                          (aa) served by the 
                                        eligible entity; and
                                          (bb) from families 
                                        with income levels 
                                        below the poverty line; 
                                        and
                                  (II) the number or percentage 
                                of children in kindergarten 
                                through grade 12 served by the 
                                eligible entity who are reading 
                                and writing below grade level 
                                according to State assessments.
  (c) Approval of Applications.--
          (1) In general.--The Secretary shall evaluate State 
        educational agency applications under subsection (b) 
        based on the responsiveness of the applications to the 
        application requirements under such subsection.
          (2) Peer review.--The Secretary shall convene a peer 
        review panel in accordance with section 4104(b) to 
        evaluate applications for each implementation grant 
        awarded to a State educational agency under this 
        section.
          (3) Early learning.--In order for a State educational 
        agency's application under this section to be approved 
        by the Secretary, the application shall contain an 
        assurance that the State agencies responsible for 
        administering early learning programs and services, 
        including the State agency responsible for 
        administering child care programs, and the State 
        Advisory Council on Early Childhood Education and Care, 
        approve of and will be extensively consulted in the 
        implementation of activities consistent with section 
        4108, with respect to the early learning portion of the 
        application.

SEC. 4107. STATE ACTIVITIES.

  (a) Required Activities.--A State educational agency shall 
use the implementation grant funds described in section 
4106(b)(2)(E)(iv) to carry out the activities proposed in a 
State's implementation plan under section 4106(b)(2)(B), 
including the following activities:
          (1) In consultation with the State literacy 
        leadership team, providing technical assistance, or 
        engaging qualified providers to provide technical 
        assistance, to eligible entities to enable the eligible 
        entities to design and implement literacy programs 
        under section 4108 or 4109.
          (2) Consulting with the State literacy leadership 
        team and coordinating with institutions of higher 
        education in the State--
                  (A) in order to provide recommendations to 
                strengthen and enhance preservice courses for 
                students preparing, at institutions of higher 
                education in the State, to teach children from 
                birth through grade 12 in explicit, systematic, 
                and intensive instruction in evidence-based 
                literacy methods; and
                  (B) by following up on reviews completed by 
                the State literacy leadership team with 
                recommendations to ensure that such 
                institutions offer courses that meet the 
                highest standards.
          (3) Reviewing and updating, in collaboration with 
        teachers, statewide educational and professional 
        organizations representing teachers, and statewide 
        educational and professional organizations representing 
        institutions of higher education, State licensure or 
        certification standards in the area of literacy 
        instruction in early education through grade 12.
          (4) Making publicly available, including on the State 
        educational agency's website, information on promising 
        instructional practices to improve child literacy 
        achievement.
  (b) Permissive Activities.--After carrying out the activities 
described in subsection (a), a State educational agency may use 
remaining implementation grant funds described in section 
4106(b)(2)(E)(iv) to carry out 1 or more of the following 
activities:
          (1) Training the personnel of eligible entities to 
        use data systems to improve child literacy learning.
          (2) Developing literacy coach training programs and 
        training literacy coaches.
          (3) Building public support among local educational 
        agency personnel, early learning programs, and the 
        community for comprehensive literacy instruction for 
        children from birth through grade 12.
          (4) Administration and evaluation of activities 
        carried out under this part.

SEC. 4108. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF BIRTH THROUGH 
                    KINDERGARTEN ENTRY LITERACY.

  (a) Subgrants.--
          (1) In general.--A State educational agency, in 
        consultation with the State agencies responsible for 
        administering early learning programs and services, 
        including the State agency responsible for 
        administering child care programs, and the State 
        Advisory Council on Early Childhood Education and Care, 
        shall use a portion of implementation grant funds 
        provided under subparagraph (C) or (D)(ii) of section 
        4104(a)(1) to award subgrants, on a competitive basis, 
        to eligible entities to enable the eligible entities to 
        support high-quality early literacy initiatives for 
        children from birth through kindergarten entry.
          (2) Duration.--The term of a subgrant under this 
        section shall be determined by the State educational 
        agency awarding the subgrant.
  (b) Sufficient Size and Scope.--Each subgrant awarded under 
this section shall be of sufficient size and scope to allow the 
eligible entity to carry out high-quality early literacy 
initiatives for children from birth through kindergarten entry.
  (c) Local Applications.--An eligible entity desiring to 
receive a subgrant under this section shall submit an 
application to the State educational agency, at such time, in 
such manner, and containing such information as the State 
educational agency may require. Such application shall include 
a description of--
          (1) how the subgrant funds will be used to enhance 
        the language and literacy development and school 
        readiness of children, from birth through kindergarten 
        entry, in early learning programs, which shall include 
        an analysis of data that support the proposed use of 
        subgrant funds;
          (2) the programs that the eligible entity proposes to 
        assist under the subgrant, including demographic and 
        socioeconomic information on the children enrolled in 
        the programs;
          (3) a budget for the eligible entity that projects 
        the cost of developing and implementing literacy 
        initiatives to carry out the activities described in 
        subsection (e);
          (4) how, if the eligible entity is requesting a 
        planning period, which shall not exceed 1 year, the 
        eligible entity will use that planning period to 
        prepare for successful implementation of a plan to 
        support the development of learning and literacy 
        consistent with the purposes of this part;
          (5) the literacy initiatives, if any, in place and 
        how these initiatives will be coordinated and 
        integrated with activities supported under this 
        section;
          (6) how the subgrant funds will be used to prepare 
        and provide ongoing assistance to staff in the 
        programs, through high-quality professional 
        development;
          (7) how the subgrant funds will be used to provide 
        services, incorporate activities, and select and use 
        literacy instructional materials that--
                  (A) meet the diverse developmental and 
                linguistic needs of children, including English 
                learners and children with disabilities and 
                developmental delays; and
                  (B) are based on scientifically valid 
                research on child development and learning for 
                children from birth through kindergarten entry;
          (8) how the subgrant funds will be used to provide 
        screening assessments, diagnostic assessments, and 
        classroom-based instructional assessments and 
        assessments of developmental progress;
          (9) how families and caregivers will be involved, as 
        appropriate, in supporting their child's literacy 
        development, instruction, and assessment;
          (10) how the subgrant funds will be used to help 
        children, particularly children experiencing difficulty 
        with spoken and written language, to make the 
        transition from early childhood education programs to 
        formal classroom instruction;
          (11) how the activities assisted under the subgrant 
        will be coordinated with comprehensive literacy 
        instruction at the kindergarten through grade 12 
        levels;
          (12) how the subgrant funds will be used--
                  (A) to evaluate the success of the activities 
                assisted under the subgrant in enhancing the 
                early language and literacy development of 
                children from birth through kindergarten entry; 
                and
                  (B) to evaluate data for program improvement; 
                and
          (13) such other information as the State educational 
        agency may require.
  (d) Approval of Local Applications.--The State educational 
agency, in consultation with the State agencies responsible for 
administering early learning programs, including the State 
agency responsible for administering child care programs and 
the State Advisory Council on Early Childhood Education and 
Care, shall--
          (1) select applications for funding under this 
        section based on the quality of the applications 
        submitted, including the relationship between literacy 
        activities proposed and the research base or data 
        supporting such investments, as appropriate, and the 
        recommendations of--
                  (A) the State literacy leadership team; and
                  (B) other experts in the area of early 
                literacy; and
          (2) place priority for funding programs based on the 
        criteria in section 4106(b)(2)(F).
  (e) Local Uses of Funds.--
          (1) In general.--An eligible entity that receives a 
        subgrant under this section shall use the subgrant 
        funds, consistent with the entity's approved 
        application under subsection (c), to--
                  (A) enhance and improve early learning 
                programs to ensure that children in such 
                programs are provided with high-quality oral 
                language and literature- and print-rich 
                environments in which to develop early literacy 
                skills;
                  (B) carry out high-quality professional 
                development opportunities for early childhood 
                educators, teachers, and instructional leaders;
                  (C) acquire, provide training for, and 
                implement screening assessments, diagnostic 
                assessments, and classroom-based instructional 
                assessments;
                  (D) select, develop, and implement a 
                multitier system of support;
                  (E) integrate research-based instructional 
                materials, activities, tools, and measures into 
                the programs offered by the eligible entity to 
                improve development of early learning language 
                and literacy skills;
                  (F) train providers and personnel to support, 
                develop, and administer high-quality early 
                learning literacy initiatives that--
                          (i) utilize data--
                                  (I) to inform instructional 
                                design; and
                                  (II) to assess literacy 
                                needs; and
                          (ii) provide time and support for 
                        personnel to meet to plan comprehensive 
                        literacy instruction;
                  (G) provide family literacy services, as 
                appropriate, and educate parents, teachers, and 
                other caregivers about child literacy 
                development;
                  (H) annually collect, summarize, and report 
                to the State educational agency data--
                          (i) to document child progress in 
                        early literacy and language skills 
                        development as a result of activities 
                        carried out under this section;
                          (ii) to stimulate and accelerate 
                        improvement by identifying the programs 
                        served by the eligible entity that 
                        produce significant gains in skills 
                        development; and
                          (iii) for all subgroups of children 
                        and categories of children, including 
                        children in the subgroups described in 
                        section 1111(a)(2)(B)(ix), in a manner 
                        that--
                                  (I) utilizes a variety of 
                                measures of child literacy and 
                                language skills development; 
                                and
                                  (II) is consistent across the 
                                State; and
                  (I) coordinate the involvement of families, 
                early learning program staff, principals, other 
                instructional leaders, and teachers in literacy 
                development of children served under this part.
          (2) Curricula and assessment materials limitation.--
        Each eligible entity that receives a subgrant under 
        this section shall not use more than 20 percent of the 
        subgrant funds in the first year of subgrant funding, 
        and not more than 10 percent of the subgrant funds in 
        each year thereafter, to purchase curricula and 
        assessment materials.
  (f) Prohibition.--The use of assessment items and data on any 
assessment authorized under this section to provide rewards or 
sanctions for individual children, early learning program 
providers, teachers, program directors, or principals is 
prohibited.

SEC. 4109. SUBGRANTS TO ELIGIBLE ENTITIES IN SUPPORT OF KINDERGARTEN 
                    THROUGH GRADE 12 LITERACY.

  (a) Subgrants to Local Educational Agencies.--
          (1) Subgrants.--A State educational agency shall use 
        a portion of the implementation grant funds provided 
        under subparagraph (C) or (D)(ii) of section 4104(a)(1) 
        to award subgrants, on a competitive basis, to eligible 
        entities to enable the eligible entities to carry out 
        the authorized activities described in subsections (b) 
        and (c).
          (2) Sufficient size and scope.--A State educational 
        agency shall award subgrants under this section of 
        sufficient size and scope to allow the eligible 
        entities to carry out high-quality literacy initiatives 
        in each grade level for which the subgrant funds are 
        provided.
          (3) Local applications.--An eligible entity desiring 
        to receive a subgrant under this section shall submit 
        an application to the State educational agency at such 
        time, in such manner, and containing such information 
        as the State educational agency may require. Such 
        application shall include, for each school that the 
        eligible entity identifies as participating in a 
        subgrant program under this section, the following 
        information:
                  (A) A description of the eligible entity's 
                capacity survey conducted to identify how 
                subgrant funds will be used to inform and 
                improve comprehensive literacy instruction at 
                the school.
                  (B) How the school, local educational agency, 
                or a provider of high-quality professional 
                development will provide ongoing high-quality 
                professional development to all teachers, 
                including early childhood educators, 
                principals, and other instructional leaders 
                served by the school, including early learning 
                program administrators.
                  (C) How the school will identify children in 
                need of literacy interventions or other support 
                services and provide appropriate scientifically 
                valid instructional interventions or other 
                support services which may include extended 
                learning time for struggling children.
                  (D) A budget for the school that projects the 
                cost of developing and implementing literacy 
                initiatives to carry out the activities 
                described in subsections (b) and (c) as 
                applicable.
                  (E) An explanation of how the school will 
                integrate comprehensive literacy instruction 
                into core academic subjects.
                  (F) A description of how the school will 
                coordinate comprehensive literacy instruction 
                with early learning and after-school programs 
                and activities in the area served by the local 
                educational agency, such as school library 
                programs.
                  (G) A description of the assessments that 
                will be used in an assessment system to improve 
                comprehensive literacy instruction and track 
                child literacy progress.
                  (H) A description of how families and 
                caregivers will be involved in supporting their 
                children's literacy instruction and assessment.
                  (I) A description of how, if an eligible 
                entity is requesting a planning period, the 
                eligible entity will use that planning period 
                to prepare for successful implementation of a 
                plan to support the development of learning and 
                literacy consistent with the purposes of this 
                part.
                  (J) A description of the literacy 
                initiatives, if any, in place and how these 
                initiatives will be coordinated and integrated 
                with activities supported under this section.
                  (K) An assurance that the eligible entity 
                will, if requested, participate in the national 
                evaluation described in section 4110.
  (b) Local Uses of Funds for Kindergarten Through Grade 5.--An 
eligible entity that receives a subgrant under this section 
shall use the subgrant funds to carry out the following 
activities pertaining to children in kindergarten through grade 
5:
          (1) Developing and implementing a literacy plan 
        across content areas that--
                  (A) serves the needs of all children, 
                including children with disabilities and 
                English learners, especially children who are 
                reading or writing below grade level;
                  (B) provides intensive, supplemental, 
                accelerated, and explicit intervention and 
                support in reading and writing for children 
                whose literacy skills are below grade level; 
                and
                  (C) supports activities that are provided 
                primarily during the regular school day but 
                which may be augmented by after-school and out-
                of-school time instruction.
          (2) Acquiring, providing training for, selecting, and 
        administering assessments, and managing, monitoring, 
        and planning instruction based on the assessment data.
          (3) Providing high-quality professional development 
        opportunities for teachers, literacy coaches, literacy 
        specialists, English as a second language specialists 
        (as appropriate), principals, and other program staff.
          (4) Training principals, specialized instructional 
        support personnel, and other school district personnel 
        to support, develop, administer, and evaluate high-
        quality kindergarten through grade 5 literacy 
        initiatives that--
                  (A) utilize data--
                          (i) to inform instructional 
                        decisions; and
                          (ii) to assess professional 
                        development needs; and
                  (B) provide time and support for teachers to 
                meet to plan comprehensive literacy 
                instruction.
          (5) Coordinating the involvement of early learning 
        program staff, principals, other instructional leaders, 
        teachers, teacher literacy teams, English as a second 
        language specialists (as appropriate), special 
        educators, and school librarians in the literacy 
        development of children served under this part.
          (6) Engaging families and encouraging family literacy 
        experiences and practices to support literacy 
        development.
          (7) Annually collecting, summarizing, and reporting 
        to the State educational agency data--
                  (A) to document and monitor for the purpose 
                of improving practice, improvements, or 
                increases in children's reading and writing 
                pursuant to activities carried out under this 
                section;
                  (B) to stimulate and accelerate improvement 
                by identifying the schools that produce 
                significant gains in literacy achievement; and
                  (C) for all children and categories of 
                children, including the subgroups of children 
                described in section 1111(a)(2)(B)(ix), in a 
                manner that utilizes a variety of measures and 
                that is consistent across the State.
  (c) Local Uses of Funds for Grades 6 Through 12.--An eligible 
entity that receives a subgrant under this section shall use 
subgrant funds to carry out the following activities pertaining 
to children in grades 6 through 12:
          (1) Developing and implementing a literacy plan 
        described in paragraphs (1), (2), (3), (6), and (7) of 
        subsection (b) for children in grades 6 through 12.
          (2) Training principals, specialized instructional 
        support personnel, and other instructional leaders to 
        support, develop, administer, and evaluate high-quality 
        adolescent literacy initiatives that--
                  (A) utilize data--
                          (i) to inform instructional decisions 
                        and allow for personalization of 
                        instruction based on a child's need; 
                        and
                          (ii) to assess professional 
                        development needs;
                  (B) assess the quality of adolescent 
                comprehensive literacy instruction in core 
                academic subjects, and career and technical 
                education subjects where such career and 
                technical education subjects provide for the 
                integration of core academic subjects;
                  (C) provide time for teachers to meet to plan 
                research-based adolescent comprehensive 
                literacy instruction in core academic subjects, 
                and career and technical education subjects 
                where such career and technical education 
                subjects provide for the integration of core 
                academic subjects; and
                  (D) include explicit instruction in 
                discipline-specific thinking and how to read 
                and interpret discipline-specific text 
                structures and features.
          (3) Coordinating the involvement of principals, other 
        instructional leaders, teachers, teacher literacy 
        teams, English as a second language specialists (as 
        appropriate), special educators, and school librarians 
        in the literacy development of children served under 
        this part.
  (d) Allowable Uses.--An eligible entity that receives a 
subgrant under this section may, in addition to carrying out 
the activities described in subsections (b) and (c), use 
subgrant funds to carry out the following activities pertaining 
to children in kindergarten through grade 12:
          (1) Providing a planning period of not more than 1 
        year for eligible entities to establish the elements 
        necessary for successful implementation of a literacy 
        program for kindergarten through grade 12.
          (2) Recruiting, placing, training, and compensating 
        literacy coaches.
          (3) Connecting out-of-school learning opportunities 
        to in-school learning in order to improve the literacy 
        achievement of the children.
          (4) Training families and caregivers to support the 
        improvement of adolescent literacy.
          (5) Providing for a multitier system of support.
          (6) Forming a school literacy leadership team to help 
        implement, assess, and identify necessary changes to 
        the literacy initiatives in 1 or more schools to ensure 
        success.
          (7) Providing high-quality, literacy-rich 
        environments that engage children with materials and 
        experiences at the children's reading and writing 
        levels.
          (8) Providing time for teachers (and other literacy 
        staff, as appropriate, such as school librarians) to 
        meet to plan comprehensive literacy instruction.
  (e) Limitation of Use to Certain Schools.--An eligible entity 
receiving a subgrant under this section shall, in distributing 
the subgrant funds, provide the subgrant funds only to schools, 
including public charter schools, that have the highest 
percentages or numbers of children counted under section 
1124(c).

SEC. 4110. NATIONAL EVALUATION, INFORMATION DISSEMINATION, AND 
                    TECHNICAL ASSISTANCE.

  (a) National Evaluation.--
          (1) In general.--From the amount reserved in 
        accordance with section 9601, the Secretary shall enter 
        into a contract with an organization independent of the 
        Department for a 5-year national evaluation of the 
        grant and subgrant programs assisted under this part. 
        Such evaluation shall include scientifically valid 
        research that applies rigorous and systematic 
        procedures to obtain valid knowledge relevant to the 
        implementation and effect of the programs.
          (2) Contents of evaluation.--The evaluation described 
        in this subsection shall include an analysis of each of 
        the following:
                  (A) The impact of the implementation of 
                literacy initiatives and practices supported 
                under this part on--
                          (i) increasing academic outcomes, 
                        including child literacy development in 
                        reading and writing, and speaking (as 
                        appropriate), grade promotion, and 
                        graduation to the extent predictable;
                          (ii) promoting the appropriate early 
                        literacy development of young children; 
                        and
                          (iii) strengthening the literacy 
                        skills of English learners and children 
                        with disabilities.
                  (B) The fidelity of implementation of core 
                program features, such as coherence of the 
                program across grades, quality of technical 
                assistance, State and local educational agency 
                leadership, professional development for 
                teachers and administrators, use of quality 
                materials and pedagogy, and use of assessment.
                  (C) The relationship between implementation 
                of core features and children's academic 
                outcomes.
                  (D) Other inquiries as designated by the 
                Secretary, such as--
                          (i) the core functions of literacy 
                        initiatives that have demonstrated the 
                        greatest impact on child literacy 
                        achievement, especially among children 
                        reading below grade level;
                          (ii) effective strategies to 
                        integrate State and local standards, 
                        curricula, assessments, instruction, 
                        materials, and interventions to improve 
                        literacy;
                          (iii) the types of literacy 
                        activities and professional development 
                        that most effectively improve the early 
                        reading, writing, and language skills 
                        of children from birth through 
                        kindergarten entry;
                          (iv) the impact of adolescent 
                        literacy initiatives on adolescent 
                        motivation, engagement, and 
                        participation in adolescent literacy 
                        activities;
                          (v) the relationship between 
                        children's literacy achievement and 
                        secondary school success, including 
                        improving graduation rates; and
                          (vi) effective strategies to 
                        integrate school and public library 
                        programs to improve literacy.
          (3) Program improvement.--The Secretary shall--
                  (A) provide the findings of the evaluation 
                conducted under this section to State 
                educational agencies and subgrant recipients 
                for use in program improvement;
                  (B) make such findings publicly available, 
                including on the Department's website; and
                  (C) submit such findings to the authorizing 
                committees.
  (b) Information Dissemination and Technical Assistance.--
          (1) In general.--From amounts reserved under section 
        4104(a)(1)(A), the Secretary, in collaboration with the 
        regional educational laboratories established under 
        section 174 of the Education Sciences Reform Act of 
        2002, the comprehensive centers established under 
        section 203 of the Educational Technical Assistance Act 
        of 2002, and the Director of the National Institute of 
        Child Health and Human Development, shall--
                  (A) distribute information on--
                          (i) comprehensive literacy 
                        instruction, including best practices 
                        and model programs identified in the 
                        evaluation;
                          (ii) other inquiries designated by 
                        the Secretary under subsection 
                        (a)(2)(D); or
                          (iii) other relevant Federal studies 
                        of literacy activities; and
                  (B) provide technical assistance in order to 
                assist States and local educational agencies in 
                improving comprehensive literacy instruction 
                and learning.
          (2) Dissemination and coordination.--The Secretary 
        shall disseminate the information described in 
        paragraph (1)(A) to--
                  (A) recipients of Federal financial 
                assistance under this part, the Head Start Act, 
                the Individuals with Disabilities Education 
                Act, and the Adult Education and Family 
                Literacy Act; and
                  (B) each Bureau-funded school (as defined in 
                section 1141 of the Education Amendments of 
                1978 (25 U.S.C. 2021)).
          (3) Use of networks.--In carrying out this 
        subsection, the Secretary shall, to the extent 
        practicable, use information and dissemination networks 
        developed and maintained through other public and 
        private entities.

SEC. 4111. CONSEQUENCES OF INSUFFICIENT PROGRESS, REPORTING 
                    REQUIREMENTS, AND CONFLICTS OF INTEREST.

  (a) Consequences of Insufficient Progress.--
          (1) Consequences for grant recipients.--If the 
        Secretary determines that a State educational agency 
        receiving an award under subparagraph (C) or (D)(ii) of 
        section 4104(a)(1), or an eligible entity receiving a 
        subgrant under section 4108 or 4109, is not making 
        significant progress in meeting the purposes of this 
        part and the key data metrics identified by the State 
        educational agency in section 4106(b)(2)(C) after the 
        submission of a report described in subsection (b), 
        then the Secretary may withhold, in whole or in part, 
        further payments under this part 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, or eligible entity, respectively.
          (2) Consequences for subgrant recipients.--
                  (A) In general.--A State educational agency 
                receiving an award under subparagraph (C) or 
                (D)(ii) of section 4104(a)(1) may refuse to 
                award subgrant funds to an eligible entity 
                under section 8 or 9 if the State educational 
                agency finds that the eligible entity is not 
                making significant progress in meeting the 
                purposes of this part, after--
                          (i) affording the eligible entity 
                        notice, a period for correction, and an 
                        opportunity for a hearing; and
                          (ii) providing technical assistance 
                        to the eligible entity.
                  (B) Funds available.--Subgrant funds not 
                awarded under subparagraph (A) shall be 
                redirected to an eligible entity serving 
                similar children in the same area or region as 
                the eligible entity not awarded the subgrant 
                funds, to the greatest extent practicable.
  (b) Reporting Requirements.--
          (1) State educational agency annual reports.--Each 
        State educational agency receiving an award under 
        subparagraph (C) or (D)(ii) of section 4104(a)(1) shall 
        report annually to the Secretary regarding the State 
        educational agency's progress in addressing the 
        purposes of this part. Such report shall include at a 
        minimum data, for each subgrantee, and for the State, 
        on the metrics identified under section 4106(b)(2)(C), 
        such as--
                  (A) the number and percentage of children 
                reading and writing on grade level by the end 
                of grade 3;
                  (B) the percent of children served under the 
                award who receive special education and related 
                services; and
                  (C) the degree of appropriate developmental 
                progress or literacy achievement growth of 
                children, disaggregated by the subgroups 
                described in section 1111(a)(2)(B)(ix).
          (2) Periodic reports.--Each State educational agency 
        receiving an award under subparagraph (C) or (D)(ii) of 
        section 4104(a)(1) shall periodically report to the 
        Secretary regarding the State educational agency's 
        progress in addressing the purposes of this part. Such 
        reports shall be submitted at such times, and in such 
        manner, as the Secretary shall establish, and shall, 
        over the term of the grant, include descriptions of--
                  (A) the professional development activities 
                provided under the award, including types of 
                activities and entities involved in providing 
                professional development to classroom teachers 
                and other program staff, such as school 
                librarians;
                  (B) instruction, strategies, activities, 
                curricula, materials, and assessments used in 
                the programs funded under the award;
                  (C) the types of programs funded under the 
                award and demographic information, including 
                ages, of the children served by the programs 
                funded under the award, except that such 
                information shall not be personally 
                identifiable;
                  (D) the experience and qualifications of the 
                program staff who provide comprehensive 
                literacy instruction under the programs funded 
                under the award, including the experience and 
                qualifications of those staff working with 
                children with disabilities or developmental 
                delay, with English learners, and with children 
                from birth to kindergarten entry; and
                  (E) student performance on relevant program 
                metrics, as identified in the State educational 
                agency's plan, such as--
                          (i) the number of children reading 
                        and writing on grade level by the end 
                        of the third grade;
                          (ii) the percent of students served 
                        under this part receiving special 
                        education services;
                          (iii) the instruction and activities 
                        delivered to at-risk students served 
                        under this part; and
                          (iv) the professional development 
                        activities provided to teachers 
                        participating under this part.
          (3) Eligible entity reports.--Each eligible entity 
        receiving a subgrant under section 4108 or 4109 shall 
        report to the State educational agency regarding the 
        eligible entity's progress in addressing the purposes 
        of this part. Any such report shall be submitted at 
        such time, and in such manner, as the State educational 
        agency shall establish, consistent with the 
        requirements of paragraphs (1) and (2) for reports 
        submitted by the State educational agency to the 
        Secretary, and shall, over the term of the subgrant, 
        include, consistent with such requirements for the 
        State educational agency reports, descriptions of--
                  (A) how the subgrant funds were used; and
                  (B) the results of an external evaluation, if 
                the Secretary determines such evaluation to be 
                applicable.

SEC. 4112. RULES OF CONSTRUCTION.

  (a) Child Eligibility.--Nothing in this part shall be 
construed to prohibit children eligible for assistance under 
title I or III or children eligible for assistance under the 
Individuals with Disabilities Education Act from receiving 
literacy instruction and intervention under this part.
  (b) IDEA Evaluation.--The screening assessments, diagnostic 
assessments, and formative assessments of reading and writing 
authorized under this part shall not be construed to constitute 
an evaluation required under the Individuals with Disabilities 
Education Act, except that assessments administered under this 
Act may be used in conjunction with other assessments as part 
of an evaluation under the Individuals with Disabilities 
Education Act, provided that all assessment requirements of 
such Act are met.

  PART B--IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS 
                  INSTRUCTION AND STUDENT ACHIEVEMENT

SEC. 4201. PURPOSE.

  The purpose of this part is to improve student academic 
achievement in science, technology, engineering, and 
mathematics by--
          (1) improving instruction in such subjects through 
        grade 12;
          (2) improving student engagement in, and increasing 
        student access to, such subjects;
          (3) improving the quality and effectiveness of 
        classroom instruction by recruiting, training, and 
        supporting highly rated teachers and providing robust 
        tools and supports for students and teachers in such 
        subjects; and
          (4) closing student achievement gaps, and preparing 
        more students to be college and career ready in such 
        subjects.

SEC. 4202. DEFINITIONS.

  In this part:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a State educational agency; or
                  (B) a State educational agency in partnership 
                with 1 or more other State educational 
                agencies.
          (2) Eligible subgrantee.--The term ``eligible 
        subgrantee'' means--
                  (A) a high-need local educational agency;
                  (B) an educational service agency serving 
                more than 1 high-need local educational agency;
                  (C) a consortium of high-need local 
                educational agencies; or
                  (D) an entity described in subparagraph (A) 
                or (C) of paragraph (3) that has signed a 
                memorandum of agreement with an entity 
                described in subparagraph (A), (B), or (C) of 
                this paragraph to implement the requirements of 
                this part in partnership with such entity.
          (3) Outside partner.--The term ``outside partner'' 
        means an entity that has expertise and a demonstrated 
        record of success in improving student learning and 
        engagement in the identified subjects described in 
        section 4204(b)(2), including any of the following:
                  (A) A nonprofit or community-based 
                organization, which may include a cultural 
                organization, such as a museum or learning 
                center.
                  (B) A business.
                  (C) An institution of higher education.
                  (D) An educational service agency.
          (4) State.--The term ``State'' means--
                  (A) any of the 50 States;
                  (B) the District of Columbia;
                  (C) the Bureau of Indian Education; or
                  (D) the Commonwealth of Puerto Rico.

SEC. 4203. GRANTS; ALLOTMENTS.

  (a) Reservations.--
          (1) In general.--From the amounts appropriated for 
        this part for a fiscal year, the Secretary shall 
        reserve--
                  (A) not more than 2 percent to provide 
                technical assistance to States; and
                  (B) not more than 5 percent for State 
                capacity-building grants, if the Secretary is 
                awarding such grants in accordance with 
                paragraph (2).
          (2) Capacity-building grants.--
                  (A) In general.--In any year for which 
                funding is distributed competitively, as 
                described in subsection (b)(1), the Secretary 
                may award 1 capacity-building grant to each 
                State that does not receive a grant under 
                subsection (b), on a competitive basis, to 
                enable such State to become more competitive in 
                future years.
                  (B) Duration.--Grants awarded under 
                subparagraph (A) shall be for a period of 1 
                year.
  (b) Competitive Grants.--
          (1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not 
        reserved under subsection (a)(1), is less than 
        $500,000,000, the Secretary shall award grants, on a 
        competitive basis, to eligible entities to enable such 
        eligible entities to carry out the activities described 
        in this part.
          (2) Duration.--Grants awarded under this subsection 
        shall be for a period of not more than 3 years.
          (3) Renewal.--
                  (A) In general.--If an eligible entity 
                demonstrates progress, as measured by the 
                metrics described in section 4206(a), the 
                Secretary may renew a grant for an additional 
                2-year period.
                  (B) Reduced funding.--Grant funds awarded 
                under subparagraph (A) shall be awarded at a 
                reduced amount.
  (c) Formula Grants.--
          (1) In general.--For each fiscal year for which the 
        amount appropriated to carry out this part, and not 
        reserved under subsection (a)(1), is equal to or more 
        than $500,000,000, the Secretary shall award grants to 
        States, based on the formula described in paragraph 
        (2).
          (2) Distribution of funds.--The Secretary shall allot 
        to each State--
                  (A) an amount that bears the same 
                relationship to 35 percent of the excess amount 
                described in paragraph (1) as the number of 
                individuals ages 5 through 17 in the State, as 
                determined by the Secretary on the basis of the 
                most recent satisfactory data, bears to the 
                number of those individuals in all such States, 
                as so determined; and
                  (B) an amount that bears the same 
                relationship to 65 percent of the excess amount 
                as the number of individuals ages 5 through 17 
                from families with incomes below the poverty 
                line, in the State, as determined by the 
                Secretary on the basis of the most recent 
                satisfactory data, bears to the number of those 
                individuals in all such States, as so 
                determined.
          (3) Funding minimum.--No State receiving an allotment 
        under this subsection may receive less than one-half of 
        1 percent of the total amount allotted under paragraph 
        (1) for a fiscal year.
          (4) Puerto rico.--The amount allotted under paragraph 
        (2) to the Commonwealth of Puerto Rico for a fiscal 
        year may not exceed one-half of 1 percent of the total 
        amount allotted under paragraph (1) for such fiscal 
        year.
          (5) Reallotment of unused funds.--If a State does not 
        successfully apply, the Secretary shall reallot the 
        amount of the State's allotment to the remaining States 
        in accordance with this subsection.

SEC. 4204. APPLICATIONS.

  (a) In General.--Each eligible entity or State desiring a 
grant under this part, whether through a competitive grant 
under section 4203(b) or through an allotment under section 
4203(c), shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as 
the Secretary may require.
  (b) Contents.--At a minimum, an application submitted under 
subsection (a) shall include the following:
          (1) A description of the needs, including assets, 
        identified by the State or eligible entity, based on a 
        State analysis, which--
                  (A) may include results from a relevant pre-
                existing analysis of science, technology, 
                engineering, and mathematics education quality 
                and outcomes in the State or States served by 
                the eligible entity;
                  (B) shall include data for elementary school 
                and secondary school grades, as applicable, to 
                the extent that such data are available, on--
                          (i) student achievement in science 
                        and mathematics, including such data 
                        collected in accordance with the 
                        requirements of section 1111(a)(3)(A), 
                        and student achievement in technology 
                        and engineering;
                          (ii) science, technology, 
                        engineering, and mathematics teacher 
                        evaluations;
                          (iii) student access to mathematics 
                        and science courses needed to enroll in 
                        credit-bearing coursework at 
                        institutions of higher education in the 
                        State or States served by the eligible 
                        entity;
                          (iv) access to science, technology, 
                        engineering, and mathematics courses 
                        for students through grade 12 who--
                                  (I) are eligible to receive a 
                                free or reduced priced lunch 
                                under the Richard B. Russell 
                                National School Lunch Act (42 
                                U.S.C. 1751 et seq.); or
                                  (II) come from families with 
                                an income that is below the 
                                poverty line;
                          (v) student achievement gaps in 
                        science, technology, engineering, and 
                        mathematics subjects;
                          (vi) the percentage of students who 
                        successfully--
                                  (I) complete Advanced 
                                Placement or International 
                                Baccalaureate courses in 
                                science, technology, 
                                engineering, and mathematics 
                                subjects; or
                                  (II) complete rigorous 
                                postsecondary education courses 
                                in science, technology, 
                                engineering, and mathematics 
                                subjects;
                          (vii) the information collected under 
                        section 1111(d)(3)(B)(viii)(III);
                          (viii) available instructional 
                        systems and supports, such as 
                        curricula, instructional materials, 
                        professional development, teacher 
                        evaluation systems, and assessments;
                          (ix) science, technology, 
                        engineering, and mathematics teacher 
                        qualifications; and
                          (x) teacher shortages and teacher 
                        distribution among local educational 
                        agencies and schools in science, 
                        technology, engineering, and 
                        mathematics subjects;
                  (C) shall include labor market information 
                regarding the industry and business workforce 
                needs within the eligible entity;
                  (D) shall include an analysis of the quality 
                of pre-service preparation at all public 
                institutions of higher education (including 
                alternative pathways to teacher licensure or 
                certification) for individuals preparing to 
                teach science, technology, engineering, and 
                mathematics subjects in a preschool, elementary 
                school, or secondary school in the State; and
                  (E) shall include an analysis of the 
                implementation of any multi-tiered systems of 
                support that have been employed in the State or 
                States served by the eligible entity to address 
                the learning needs of students in any science, 
                technology, engineering, and mathematics 
                subjects.
          (2) An identification of the specific science, 
        technology, engineering, and mathematics subjects that 
        the State or eligible entity will address through the 
        activities described in section 4205, consistent with 
        the needs identified under paragraph (1) (referred to 
        in this part as ``identified subjects'').
          (3) A description, in a manner that addresses any 
        needs identified under paragraph (1), of--
                  (A) how grant funds will be used by the State 
                or eligible entity to improve instruction in 
                identified subjects using evidence-based 
                programs of instruction that are aligned with 
                the college and career ready standards and 
                academic assessments under paragraphs (1) and 
                (2) of section 1111(a);
                  (B) how grant funds will be used to support 
                subgrantees and other high-need local 
                educational agencies in the employment of 
                multi-tiered systems of support to provide 
                early intervening services, as described in 
                section 613(a)(4)(A)(ii) of the Individuals 
                with Disabilities Education Act, and to 
                increase student achievement in identified 
                subjects;
                  (C) the process that the State or eligible 
                entity will use for awarding subgrants, 
                including how relevant stakeholders will be 
                involved;
                  (D) how the State's or eligible entity's 
                activities and subgrants will be coordinated 
                with other Federal, State, and local programs 
                and activities, including career and technical 
                education programs authorized under the Carl D. 
                Perkins Career and Technical Education Act of 
                2006 (20 U.S.C. 2301 et seq.);
                  (E) the technical assistance that the State 
                or eligible entity will provide to subgrantees 
                to support the activities undertaken by the 
                subgrantees;
                  (F) how the State or eligible entity will 
                evaluate the activities funded, both at the 
                State and subgrantee level, with funds provided 
                under this part, and in a manner consistent 
                with any evaluation activities carried out by 
                the Institute of Education Sciences under 
                section 4207, or the National Science 
                Foundation;
                  (G) how the State or eligible entity will 
                allocate funds in a manner that will provide 
                services to both elementary schools and 
                secondary schools;
                  (H) how the State or eligible entity will 
                provide targeted support to improve instruction 
                in high-need local educational agencies and 
                high-need schools;
                  (I) how the State or eligible entity's 
                proposed project will ensure an increase in 
                access for students who are members of groups 
                underrepresented in science, technology, 
                engineering, and mathematics subject fields to 
                high-quality courses in 1 or more of the 
                identified subjects; and
                  (J) how the State or eligible entity will 
                continue to involve stakeholders in education 
                reform efforts related to science, technology, 
                engineering, and mathematics instruction.
          (4) Assurances that the State or eligible entity will 
        monitor implementation of approved subgrantee plans.
  (c) Additional Funding.--A State or eligible entity that 
submits a request to use the additional State activities 
reservation described in section 4205(d)(2), shall provide, in 
a manner that addresses the needs identified under subsection 
(b)(1), a description of the activities that the eligible 
entity will carry out with such funds, consistent with section 
4205.

SEC. 4205. AUTHORIZED ACTIVITIES.

  (a) Required Activities.--Each State or eligible entity that 
receives a grant under this part shall use the grant funds to 
carry out each of the following activities:
          (1) Increasing access for students through grade 12 
        who are members of groups underrepresented in science, 
        technology, engineering, and mathematics subject fields 
        to high-quality courses in the identified subjects.
          (2) Implementing evidence-based programs of 
        instruction based on high-quality standards and 
        assessments in the identified subjects.
          (3) Providing professional development and other 
        comprehensive systems of support for teachers and 
        school leaders to promote high-quality instruction and 
        instructional leadership in the identified subjects.
          (4) Providing technical assistance to subgrantees and 
        other high-need schools and local educational agencies 
        in order to improve student achievement and narrow 
        achievement gaps in identified subjects, including 
        through--
                  (A) the development and implementation of 
                multi-tiered systems of support; and
                  (B) the development of curriculum or 
                instructional materials consistent with the 
                principals of universal design for learning, as 
                defined in section 103 of the Higher Education 
                Act of 1965.
  (b) Permissible Activities.--Each State or eligible entity 
that receives a grant under this part may use the grant funds 
to carry out 1 or more of the following activities:
          (1) Recruiting qualified teachers and instructional 
        leaders who are trained in identified subjects, 
        including teachers who have transitioned into the 
        teaching profession from a career in science, 
        technology, engineering, and mathematics fields.
          (2) Providing induction and mentoring services to new 
        teachers in identified subjects.
          (3) Developing instructional supports, such as 
        curricula and assessments, which shall be evidence-
        based and aligned with State college and career ready 
        academic content standards under section 1111(a)(1), 
        and may include Internet-based curricula and Internet-
        based instructional supports.
          (4) Implementing an interdisciplinary approach, by 
        integrating instruction in 1 or more science, 
        technology, engineering, and mathematics subjects with 
        reading, English language arts, or instruction in other 
        core academic subjects and noncore academic subjects.
  (c) Subgrants.--
          (1) In general.--Each State or eligible entity that 
        receives a grant under this section shall award 
        subgrants, on a competitive basis, to eligible 
        subgrantees.
          (2) Minimum subgrant.--A State or eligible entity 
        shall award subgrants under this subsection that are of 
        sufficient size and scope to support high-quality, 
        evidence-based, effective programs that are consistent 
        with the purpose of this part.
          (3) Subgrantee application.--
                  (A) In general.--Each eligible subgrantee 
                desiring a subgrant under this subsection shall 
                submit an application to the State or eligible 
                entity at such time, in such manner, and 
                accompanied by such information as the State or 
                eligible entity may require.
                  (B) Contents of subgrantee application.--At a 
                minimum, the application described in 
                subparagraph (A) shall include the following:
                          (i) A description of the activities 
                        that the eligible subgrantee will carry 
                        out, and how such activities will 
                        improve teaching and student academic 
                        achievement in the identified subjects, 
                        in a manner consistent with 
                        scientifically valid research.
                          (ii) A description of how the 
                        eligible subgrantee will use funds 
                        provided under this subsection to serve 
                        students and teachers in high-need 
                        schools.
                          (iii) A description of how funds 
                        provided under this subsection will be 
                        coordinated with other Federal, State, 
                        and local programs and activities, 
                        including career and technical 
                        education programs authorized under the 
                        Carl D. Perkins Career and Technical 
                        Education Act of 2006 (20 U.S.C. 2301 
                        et seq.).
                          (iv) If the eligible subgrantee is 
                        working with outside partners, a 
                        description of how such outside 
                        partners will be involved in improving 
                        instruction and increasing access to 
                        high-quality learning experiences in 
                        the identified subjects.
          (4) Subgrantee use of funds.--
                  (A) Required use of funds.--Each subgrantee 
                under this subsection shall use the subgrant 
                funds to carry out activities for students 
                through grade 12, consistent with the 
                activities described in the subgrantee's 
                application, which shall include--
                          (i) high-quality teacher and 
                        instructional leader recruitment, 
                        support, and evaluation in the 
                        identified subjects;
                          (ii) professional development, which 
                        may include development and support for 
                        instructional coaches, to enable 
                        teachers and instructional leaders to 
                        increase student achievement in 
                        identified subjects, through--
                                  (I) implementation of 
                                classroom assessments; and
                                  (II) differentiation of 
                                instruction in identified 
                                subjects for all students, 
                                including for students who are 
                                children with disabilities and 
                                students who are English 
                                learners;
                          (iii) activities to--
                                  (I) improve the content 
                                knowledge of teachers; and
                                  (II) facilitate professional 
                                collaboration, which may 
                                include providing time for such 
                                collaborations;
                          (iv) the development, adoption, and 
                        improvement of high-quality curricula 
                        and instructional supports that--
                                  (I) are aligned with State 
                                college and career ready 
                                academic content standards 
                                under section 1111(a)(1); and
                                  (II) the eligible subgrantee 
                                will use to improve student 
                                academic achievement in 
                                identified subjects;
                          (v) the development or improvement, 
                        and implementation, of multi-tiered 
                        systems of support to provide early 
                        intervening services and to increase 
                        student achievement in 1 or more of the 
                        identified subjects; and
                          (vi) integrating instruction in the 
                        identified subjects with instruction in 
                        reading, English language arts, or 
                        other core and noncore academic 
                        subjects.
                  (B) Allowable use of funds.--In addition to 
                the required activities described in 
                subparagraph (A), each eligible subgrantee that 
                receives a subgrant under this subsection, may 
                also use the subgrant funds to--
                          (i) support the participation of low-
                        income students in nonprofit 
                        competitions related to science, 
                        technology, engineering, and 
                        mathematics subjects (such as robotics, 
                        science research, invention, 
                        mathematics, computer science, and 
                        technology competitions); and
                          (ii) broaden secondary school 
                        students' access to, and interest in, 
                        careers that require academic 
                        preparation in 1 or more identified 
                        subjects.
                  (C) Limitation.--Each subgrantee that 
                receives a subgrant under this subsection shall 
                not expend more than 15 percent of the subgrant 
                funds on the activities described in 
                subparagraph (B).
                  (D) Matching funds.--A State or eligible 
                entity shall require an eligible subgrantee 
                receiving a subgrant under this subsection to 
                demonstrate that such subgrantee has obtained a 
                commitment from 1 or more outside partners to 
                match, using non-Federal funds or in-kind 
                contributions, not less than 15 percent of the 
                amount of subgrant funds. In the case of 
                significant financial hardship, an eligible 
                subgrantee may apply to the State or eligible 
                entity for, and the State or eligible entity 
                may grant, a waiver of a portion of the minimum 
                matching funds requirement.
  (d) State Activities.--
          (1) In general.--Each State or eligible entity that 
        receives a grant under this part may use not more than 
        5 percent of grant funds for--
                  (A) administrative costs;
                  (B) monitoring the implementation of 
                subgrants;
                  (C) providing technical assistance to 
                subgrantees; and
                  (D) evaluating subgrants in coordination with 
                the evaluation described in section 4207.
          (2) Reservation.--Each State or eligible entity that 
        receives a grant under this part may submit a request 
        to the Secretary to reserve not more than 15 percent of 
        grant funds, inclusive of the amount described in 
        paragraph (1), for additional State activities, 
        consistent with subsections (a) and (b).

SEC. 4206. PERFORMANCE METRICS; REPORT.

  (a) Establishment of Performance Metrics.--The Secretary, 
acting through the Director of the Institute of Education 
Sciences, shall establish performance metrics to evaluate the 
effectiveness of the activities carried out under this part.
  (b) Annual Report.--Each State or eligible entity that 
receives a grant under this part shall prepare and submit an 
annual report to the Secretary, which shall include information 
relevant to the performance metrics described in subsection 
(a).

SEC. 4207. EVALUATION.

  From the amount reserved in accordance with section 9601, the 
Secretary shall--
          (1) acting through the Director of the Institute of 
        Education Sciences, and in consultation with the 
        Director of the National Science Foundation--
                  (A) evaluate the implementation and impact of 
                the activities supported under this part, 
                including progress measured by the metrics 
                established under section 4206(a); and
                  (B) identify best practices to improve 
                instruction in science, technology, 
                engineering, and mathematics subjects; and
          (2) disseminate, in consultation with the National 
        Science Foundation, research on best practices to 
        improve instruction in science, technology, 
        engineering, and mathematics subjects.

SEC. 4208. SUPPLEMENT NOT SUPPLANT.

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

SEC. 4209. MAINTENANCE OF EFFORT.

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

                 [PART C--ENVIRONMENTAL TOBACCO SMOKE]

[SEC. 4301. [20 U.S.C. 7181] SHORT TITLE.]

  [This part may be cited as the ``Pro-Children Act of 2001''.]

[SEC. 4302. [20 U.S.C. 7182] DEFINITIONS.]

  [As used in this part:
          [(1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
          [(2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                  [(A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                          [(i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                          [(ii) administered by the Secretary 
                        of Agriculture in the case of a clinic 
                        (as defined in part 246.2 of title 7, 
                        Code of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                  [(B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this part,
        except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
          [(3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
          [(4) Person.--The term ``person'' means any State or 
        local subdivision of a State, agency of such State or 
        subdivision, corporation, or partnership that owns or 
        operates or otherwise controls and provides children's 
        services or any individual who owns or operates or 
        otherwise controls and provides such services.
          [(5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.]

[SEC. 4303. [20 U.S.C. 7183] NONSMOKING POLICY FOR CHILDREN'S 
                    SERVICES.]

  [(a) Prohibition.--After the date of enactment of the No 
Child Left Behind Act of 2001, no person shall permit smoking 
within any indoor facility owned or leased or contracted for, 
and utilized, by such person for provision of routine or 
regular kindergarten, elementary, or secondary education or 
library services to children.
  [(b) Additional Prohibition.--
          [(1) In general.--After the date of enactment of the 
        No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or early 
        childhood development (Head Start) services.
          [(2) Exception.--Paragraph (1) shall not apply to--
                  [(A) any portion of such facility that is 
                used for inpatient hospital treatment of 
                individuals dependent on, or addicted to, drugs 
                or alcohol; and
                  [(B) any private residence.
  [(c) Federal Agencies.--
          [(1) Kindergarten, elementary, or secondary education 
        or library services.--After the date of enactment of 
        the No Child Left Behind Act of 2001, no Federal agency 
        shall permit smoking within any indoor facility in the 
        United States operated by such agency, directly or by 
        contract, to provide routine or regular kindergarten, 
        elementary, or secondary education or library services 
        to children.
          [(2) Health or day care or early childhood 
        development services.--
                  [(A) In general.--After the date of enactment 
                of the No Child Left Behind Act of 2001, no 
                Federal agency shall permit smoking within any 
                indoor facility (or portion of such facility) 
                operated by such agency, directly or by 
                contract, to provide routine or regular health 
                or day care or early childhood development 
                (Head Start) services to children.
                  [(B) Exception.--Subparagraph (A) shall not 
                apply to--
                          [(i) any portion of such facility 
                        that is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                          [(ii) any private residence.
          [(3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
  [(d) Notice.--The prohibitions in subsections (a) through (c) 
shall be published in a notice in the Federal Register by the 
Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
  [(e) Civil Penalties.--
          [(1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
          [(2) Administrative proceeding.--A civil penalty may 
        be assessed in a written notice, or an administrative 
        compliance order may be issued under paragraph (1), by 
        the Secretary only after an opportunity for a hearing 
        in accordance with section 554 of title 5, United 
        States Code. Before making such assessment or issuing 
        such order, or both, the Secretary shall give written 
        notice of the assessment or order to such person by 
        certified mail with return receipt and provide 
        information in the notice of an opportunity to request 
        in writing, not later than 30 days after the date of 
        receipt of such notice, such hearing. The notice shall 
        reasonably describe the violation and be accompanied 
        with the procedures for such hearing and a simple form 
        that may be used to request such hearing if such person 
        desires to use such form. If a hearing is requested, 
        the Secretary shall establish by such certified notice 
        the time and place for such hearing, which shall be 
        located, to the greatest extent possible, at a location 
        convenient to such person. The Secretary (or the 
        Secretary's designee) and such person may consult to 
        arrange a suitable date and location where appropriate.
          [(3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                  [(A) the nature, circumstances, extent, and 
                gravity of the violation;
                  [(B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; and
                  [(C) such other matters as justice may 
                require.
          [(4) Modification.--The Secretary may, as 
        appropriate, compromise, modify, or remit, with or 
        without conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
          [(5) Petition for review.--Any person aggrieved by a 
        penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
          [(6) Failure to comply.--If a person fails to pay an 
        assessment of a civil penalty or comply with an order, 
        after the assessment or order, or both, are final under 
        this section, or after a court has entered a final 
        judgment under paragraph (5) in favor of the Secretary, 
        the Attorney General, at the request of the Secretary, 
        shall recover the amount of the civil penalty (plus 
        interest at prevailing rates from the day the 
        assessment or order, or both, are final) or enforce the 
        order in an action brought in the appropriate district 
        court of the United States. In such action, the 
        validity and appropriateness of the penalty or order or 
        the amount of the penalty shall not be subject to 
        review.]

[SEC. 4304. [20 U.S.C. 7184] PREEMPTION.]

  [Nothing in this part is intended to preempt any provision of 
law of a State or political subdivision of a State that is more 
restrictive than a provision of this part.]

         PART C--INCREASING ACCESS TO A WELL-ROUNDED EDUCATION

SEC. 4301. PURPOSE.

  The purpose of this part is to improve student achievement by 
giving students increased access to high-quality instruction 
for a well-rounded education.

SEC. 4302. DEFINITIONS.

  In this part:
          (1) Covered subjects.--The term ``covered subjects'' 
        means any of the following academic subjects:
                  (A) Arts.
                  (B) Civics and government.
                  (C) Economics.
                  (D) Environmental education.
                  (E) Financial literacy.
                  (F) Foreign languages.
                  (G) Geography.
                  (H) Health education.
                  (I) History.
                  (J) Physical education.
                  (K) Social studies.
          (2) Eligible entity.--The term ``eligible entity'' 
        means a State educational agency in partnership with--
                  (A) a nonprofit organization with a 
                demonstrated record of success in improving 
                student achievement in 1 or more covered 
                subjects;
                  (B) an institution of higher education;
                  (C) a local educational agency;
                  (D) an educational service agency; or
                  (E) 1 or more other State educational 
                agencies.
          (3) Eligible subgrantee.--The term ``eligible 
        subgrantee'' means--
                  (A) a high-need local educational agency;
                  (B) an educational service agency serving 
                more than 1 high-need local educational agency; 
                or
                  (C) a consortium of high-need local 
                educational agencies.
          (4) Low-income student.--The term ``low-income 
        student'' means a student--
                  (A) from a family with an income below the 
                poverty line; or
                  (B) who is eligible for free or reduced-price 
                lunch under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.).

SEC. 4303. GRANT PROGRAM.

  (a) Grants to Eligible Entities.--From amounts appropriated 
to carry out this part for a fiscal year, and not reserved in 
accordance with section 9601, the Secretary shall make grants 
to eligible entities to enable the eligible entities to carry 
out the activities described in subsection (e).
  (b) Duration.--A grant under this section shall be for a 
period of not more than 5 years.
  (c) Payments.--
          (1) Contingent payments.--After the third year of a 
        grant under this section, the Secretary shall make 
        continued funding under the grant contingent upon the 
        eligible entity's progress toward reaching the goals 
        established under the metrics described in subsection 
        (h)(1).
          (2) Formula.--
                  (A) Distribution trigger.--
                          (i) Amount to trigger formula.--If 
                        the amount of funds appropriated to 
                        carry out this part for a fiscal year 
                        equals or exceeds $500,000,000, then 
                        the Secretary shall award grants to 
                        eligible entities based on the formula 
                        described under subparagraph (B).
                          (ii) Amount to trigger competitive 
                        grant process.--If the funds 
                        appropriated to carry out this part for 
                        a fiscal year are less than 
                        $500,000,000, then the Secretary shall 
                        award grants to eligible entities on a 
                        competitive basis.
                  (B) Formula.--From funds made available to 
                carry out this part for a fiscal year, and not 
                reserved in accordance with section 9601, the 
                Secretary shall allot to each eligible entity 
                having an application approved under 
                subparagraph (C)--
                          (i) an amount that bears the same 
                        relationship to 80 percent of the 
                        remainder as the number of individuals 
                        ages 5 through 17 from families with 
                        incomes below the poverty line, in the 
                        State, as determined by the Secretary 
                        on the basis of the most recent 
                        satisfactory data, bears to the number 
                        of those individuals in all States that 
                        have an application approved under such 
                        subparagraph; and
                          (ii) an amount that bears the same 
                        relationship to 20 percent of the 
                        remainder as the number of individuals 
                        ages 5 to 17 in the State, as 
                        determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data, bears to the number of those 
                        individuals in all States that have an 
                        application approved under such 
                        subparagraph.
                  (C) Exceptions.--
                          (i) Minimum grant amount.--Subject to 
                        clause (ii), no State receiving an 
                        allotment under subparagraph (B) may 
                        receive less than 1 percent of the 
                        total amount allotted under such 
                        subparagraph.
                          (ii) Puerto rico.--The percentage of 
                        the amount allotted under subparagraph 
                        (B) that is allotted to the 
                        Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed the amount 
                        under clause (i).
                  (D) Peer review requirements.--The Secretary 
                shall establish a peer review process to ensure 
                that applications submitted for formula 
                funding, as described in subparagraph (B), are 
                of high quality and meet the requirements and 
                purposes of this part.
  (d) Application.--
          (1) In general.--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.
          (2) Contents.--The application shall, at a minimum--
                  (A) describe the needs identified by the 
                eligible entity, based on the eligible entity's 
                analysis of--
                          (i) student access to, and quality of 
                        instruction in, covered subjects, 
                        including a comparison of such access 
                        and quality between low-income and non-
                        low-income students in the State served 
                        by the eligible entity;
                          (ii) the capacity of high-need local 
                        educational agencies in such State to 
                        deliver high-quality instruction in 
                        covered subjects, including an analysis 
                        of instructional supports, curricula, 
                        teacher evaluation systems, and teacher 
                        qualifications, effectiveness, 
                        knowledge, and skills;
                          (iii) the capacity of the eligible 
                        entity to provide local educational 
                        agencies with the support, including 
                        professional development and technical 
                        assistance, needed to deliver high-
                        quality instruction and curricula in 
                        covered subjects; and
                          (iv) standards, assessments, 
                        curricula, accommodations, and other 
                        supports used in such State in covered 
                        subjects;
                  (B) identify the covered subjects that the 
                eligible entity will address through the 
                activities described in subsection (e), 
                consistent with the needs identified in 
                subparagraph (A);
                  (C) describe, in a manner that addresses the 
                needs identified in subparagraph (A)--
                          (i) how access to high-quality 
                        courses in the subjects identified in 
                        subparagraph (B) will be increased for 
                        low-income students in such State;
                          (ii) how the knowledge and skills of 
                        teachers will be evaluated and improved 
                        so that such teachers will deliver 
                        high-quality instruction in such 
                        subjects;
                          (iii) how the eligible entity will 
                        provide assistance to high-need local 
                        educational agencies to improve student 
                        access to, and achievement in, the 
                        subjects identified in subparagraph 
                        (B), including through principal 
                        training; and
                          (iv) how the eligible entity will 
                        ensure that all activities funded 
                        through a grant awarded under this 
                        section are evidence-based;
                  (D) describe how activities funded through a 
                grant awarded under this section will be 
                aligned with other Federal, State, and local 
                funding, programs, and strategies, as 
                appropriate; and
                  (E) if applicable, describe the eligible 
                entity's plan for disbursing funds to eligible 
                subgrantees to implement the activities 
                described in subsection (e).
          (3) Competitive priority.--If grants are awarded 
        competitively, consistent with subsection 
        (c)(2)(A)(ii), the Secretary shall give priority to 
        applications from eligible entities that--
                  (A) include in the application a plan to 
                implement an interdisciplinary approach, by 
                integrating instruction in 1 or more covered 
                subjects with reading, English, language arts, 
                science, or mathematics instruction; and
                  (B) include in the application a plan to 
                provide expanded learning time in the schools 
                served by eligible subgrantees, in order to 
                increase access to covered subjects.
  (e) Authorized Activities.--
          (1) In general.--Each eligible entity that receives a 
        grant under this section shall use the grant funds to 
        increase access for low-income students to high-quality 
        courses in the subjects identified in subsection 
        (d)(2)(B) by carrying out 1 or more of the following 
        activities:
                  (A) Improving the knowledge and skills of 
                teachers through rigorous evaluation systems, 
                professional development, and other 
                instructional supports in order to deliver 
                high-quality instruction in such subjects, 
                including to students who are English learners 
                and students who are children with 
                disabilities.
                  (B) Providing assistance to high-need local 
                educational agencies to improve low-income 
                student access to, and achievement in, such 
                subjects.
                  (C) Developing and implementing, or building 
                local capacity to develop and implement, high-
                quality curricula, instructional supports, and 
                assessments that are aligned with the State 
                college and career ready academic content and 
                achievement standards, consistent with section 
                1111(a)(1), in such subjects.
          (2) Special rule.--Each eligible entity that receives 
        a grant under this section shall use grant funds to 
        meet the needs identified in subsection (d)(2)(A) and 
        the Secretary shall not require any eligible entity to 
        address a specific subject or to address all covered 
        subjects.
          (3) State administration.--Each eligible entity that 
        receives a grant under this section may reserve not 
        more than 4 percent of grant funds for administration 
        costs of the grant.
  (f) Subgrants.--
          (1) In general.--Each eligible entity that receives a 
        grant under this section may, in accordance with 
        paragraph (2), award subgrants, on a competitive basis, 
        to eligible subgrantees to enable such eligible 
        subgrantees to carry out the activities described in 
        subsection (e).
          (2) Minimum grant.--Each subgrant under this 
        subsection shall be of sufficient size and scope to 
        support a high-quality, effective program that is 
        consistent with the purpose of this part.
  (g) Evaluation.--From the amount reserved in accordance with 
section 9601, the Secretary shall--
          (1) acting through the Director of the Institute of 
        Education Sciences--
                  (A) evaluate, in consultation with the 
                relevant program office at the Department of 
                Education, the implementation and impact of the 
                activities supported under this section, 
                including progress as measured by the metrics 
                established under subsection (h)(1); and
                  (B) identify best practices to improve 
                instruction in covered subjects; and
          (2) disseminate research on best practices to improve 
        instruction in covered subjects.
  (h) Accountability.--
          (1) Performance metrics.--The Secretary, acting 
        through the Director of the Institute of Education 
        Sciences, shall, in consultation with the relevant 
        program office at the Department, establish performance 
        metrics to evaluate the outcomes of grant projects that 
        are assisted under this part.
          (2) Annual reports.--Each eligible entity that 
        receives a grant under this section shall prepare and 
        submit an annual report to the Secretary, which shall 
        include information about the performance metrics 
        described in paragraph (1).
  (i) Supplement Not Supplant.--An eligible entity shall use 
Federal funds received under this section only to supplement 
the funds that would, in the absence of such Federal funds, be 
made available from other Federal and non-Federal sources for 
the activities described in this section, and not to supplement 
such funds.
  (j) Maintenance of Effort.--A State that receives assistance 
under this part shall maintain the fiscal effort provided by 
the State for the subjects supported by a grant under this part 
at a level equal to or greater than the level of such fiscal 
effort for the preceding fiscal year.

             PART D--SUCCESSFUL, SAFE, AND HEALTHY STUDENTS

SEC. 4401. PURPOSE.

  The purpose of this part is to assist States and local 
educational agencies in developing and implementing 
comprehensive programs and strategies to foster positive 
conditions for learning in public schools, in order to increase 
academic achievement for all students through activities that--
          (1) promote student physical health and well-being, 
        nutrition, and fitness;
          (2) promote student mental health and well-being;
          (3) prevent school violence and harassment, and 
        reduce substance abuse among students; and
          (4) promote safe and supportive schools.

SEC. 4402. DEFINITIONS.

  In this part:
          (1) Controlled substance.--The term ``controlled 
        substance'' means a drug or other substance identified 
        under Schedule I, II, III, IV, or V of section 202(c) 
        of the Controlled Substances Act (21 U.S.C. 812(c)).
          (2) Drug.--The term ``drug'' includes--
                  (A) a controlled substance;
                  (B) with respect to alcohol and tobacco, the 
                illegal use of such substances; and
                  (C) with respect to inhalants and anabolic 
                steroids, the harmful, abusive, or addictive 
                use of such substances.
          (3) Drug and violence prevention.--The term ``drug 
        and violence prevention'' means--
                  (A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or 
                education related to the abuse and illegal use 
                of drugs; and
                  (B) with respect to violence, the promotion 
                of school safety, such that students and school 
                personnel are free from violent and disruptive 
                acts, including sexual harassment and abuse, 
                and victimization associated with prejudice and 
                intolerance, on school premises, going to and 
                from school, at school sponsored activities, 
                and via communications made available through 
                electronic means, through the creation and 
                maintenance of a school environment that is 
                free of weapons and fosters individual 
                responsibility and respect for the rights of 
                others, and employs positive, preventative 
                approaches to school discipline that minimize 
                students' removal from instruction and reduce 
                disparities among the subgroups of students 
                described in section 1111(a)(2)(B)(ix).
          (4) Eligible local applicant.--The term ``eligible 
        local applicant'' means--
                  (A) a local educational agency;
                  (B) a consortium of local educational 
                agencies; or
                  (C) a local educational agency or consortium 
                of local educational agencies in partnership 
                with a nonprofit organization that has a 
                demonstrated record of success in implementing 
                activities consistent with the purpose of this 
                part.
          (5) Physical education indicators.--The term 
        ``physical education indicators'' means a set of 
        measures for instruction on physical activity, health-
        related fitness, physical competence, and cognitive 
        understanding about physical activity that--
                  (A) are publicly reported annually in the 
                State's conditions for learning measurement 
                system described in section 4404(g); and
                  (B) include, for the State, for each local 
                educational agency in the State, and for each 
                school in the State, the average number of 
                minutes that all students engage in moderate to 
                vigorous physical activity, as measured against 
                established recommended guidelines of the 
                Centers for Disease Control and Prevention and 
                the Department of Health and Human Services.
          (6) Programs to promote mental health.--The term 
        ``programs to promote mental health'' means programs 
        that--
                  (A) develop students' social and emotional 
                competencies; and
                  (B) link students with, as applicable, 
                school-based or local mental health systems, 
                including by--
                          (i) enhancing, improving, or 
                        developing collaborative efforts 
                        between school-based systems and mental 
                        health systems;
                          (ii) improving the availability of 
                        crisis intervention services and 
                        appropriate referrals for students 
                        potentially in need of mental health 
                        services;
                          (iii) providing training for mental 
                        health professionals and other school-
                        based specialized instructional support 
                        personnel who will participate in the 
                        program; and
                          (iv) providing services that 
                        establish or expand the availability of 
                        counseling and mental health programs 
                        for students.
          (7) Programs to promote physical activity, education, 
        fitness, and nutrition.--The term ``programs to promote 
        physical activity, education, fitness, and nutrition'' 
        means programs that increase and enable active student 
        participation in physical well-being activities, 
        provide teacher professional development, are 
        comprehensive in nature, and include 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, 
        and include 1 or more of the following activities:
                  (A) Fitness education and assessment to help 
                students understand, improve, or maintain their 
                physical well-being.
                  (B) Instruction in a variety of motor skills 
                and physical activities designed to enhance the 
                physical, mental, social, and emotional 
                development of every student.
                  (C) Development of, and instruction in, 
                cognitive concepts about motor skill and 
                physical fitness that support a lifelong 
                healthy lifestyle.
                  (D) Opportunities to develop positive social 
                and cooperative skills through physical 
                activity.
                  (E) Instruction in healthy eating habits and 
                good nutrition.

SEC. 4403. RESERVATIONS.

  From amounts made available to carry out this part, the 
Secretary shall reserve--
          (1) for the first 3 years for which funding is made 
        available to carry out this part--
                  (A) not more than 30 percent of such amounts 
                or $30,000,000, whichever amount is greater, 
                for State conditions for learning measurement 
                systems grants, distributed to every State (by 
                an application process consistent with section 
                4404) in an amount proportional to each State's 
                share of funding under part A of title I of 
                this Act, to develop or improve the State's 
                conditions for learning measurement system 
                described in section 4404(g), and to conduct a 
                needs analysis to meet the requirements of 
                section 4404(c)(2); and
                  (B) not more than 68 percent of such amounts 
                for Successful, Safe, and Healthy Students 
                State Grants under section 4404;
          (2) for the fourth year and each subsequent year for 
        which funding is made available to carry out this part, 
        not less than 98 percent of such amounts for 
        Successful, Safe, and Healthy Students State Grants 
        under section 4404; and
          (3) in each year for which funding is made available 
        to carry out this part, not more than 2 percent of such 
        amounts for technical assistance.

SEC. 4404. SUCCESSFUL, SAFE, AND HEALTHY STUDENTS STATE GRANTS.

  (a) Purpose.--The purpose of this section is to provide 
funding to States to implement comprehensive programs that 
address conditions for learning in schools in the State. Such 
programs shall be based on--
          (1) scientifically valid research; and
          (2) an analysis of need that considers, at a minimum, 
        the indicators in the State's conditions for learning 
        measurement system described in subsection (g).
  (b) State Grants.--
          (1) In general.--From amounts reserved under section 
        4403 for Successful, Safe, and Healthy Students State 
        Grants, the Secretary shall award grants to States to 
        carry out the purpose of this section.
          (2) Awards to states.--
                  (A) Formula grants.--Except as provided in 
                subparagraph (B), if the total amount reserved 
                under section 4404 for Successful, Safe, and 
                Healthy Students State Grants for a fiscal year 
                is $500,000,000 or greater, the Secretary shall 
                allot to each State with an approved 
                application an amount that bears the same 
                relationship to such total amount as the amount 
                received under part A of title I by such State 
                for the preceding fiscal year bears to the 
                amount received under such part for the 
                preceding fiscal year by all States.
                  (B) Minimum state allotment.--
                          (i) In general.--No State receiving 
                        an allotment under subparagraph (A) may 
                        receive less than one-half of 1 percent 
                        of the total amount allotted under such 
                        subparagraph.
                          (ii) Puerto rico.--The amount 
                        allotted under subparagraph (A) to the 
                        Commonwealth of Puerto Rico for a 
                        fiscal year may not exceed one-half of 
                        1 percent of the total amount allotted 
                        under such subparagraph for such fiscal 
                        year.
                  (C) Competitive grants.--
                          (i) In general.--If the total amount 
                        reserved under section 4404 for 
                        Successful, Safe, and Healthy Students 
                        State Grants for a fiscal year is less 
                        than $500,000,000, the Secretary shall 
                        award grants under this section on a 
                        competitive basis.
                          (ii) Sufficient size and scope.--In 
                        awarding grants on a competitive basis 
                        pursuant to clause (i), the Secretary 
                        shall ensure that grant awards are of 
                        sufficient size and scope to carry out 
                        required and approved activities under 
                        this section.
  (c) Applications.--
          (1) In general.--A State that desires to receive a 
        grant under this section shall submit an application at 
        such time, in such manner, and containing such 
        information as the Secretary may require.
          (2) Content of application.--At a minimum, the 
        application shall include--
                  (A) a plan for improving conditions for 
                learning in schools in the State in a manner 
                consistent with the requirements of the program 
                that may be a part of a broader statewide child 
                and youth plan, if such a plan exists and is 
                consistent with the requirements of this part;
                  (B) a needs analysis of the conditions for 
                learning in schools in the State, which--
                          (i) shall include a description of, 
                        and data measuring, the State's 
                        conditions for learning; and
                          (ii) may be a part of a broader 
                        statewide child and youth needs 
                        analysis, if such an analysis exists 
                        and is consistent with the requirements 
                        of this part;
                  (C) a description of how the activities the 
                State proposes to implement with grant funds 
                are responsive to the results of the needs 
                analysis described in subparagraph (B); and
                  (D) a description of how the State will--
                          (i) develop, adopt, adapt, or 
                        implement the State's conditions for 
                        learning measurement system described 
                        in subsection (g), and how the State 
                        will ensure that all local educational 
                        agencies and schools in the State 
                        participate in such system;
                          (ii) ensure the quality and validity 
                        of the State's conditions for learning 
                        data collection;
                          (iii) coordinate the proposed 
                        activities with other Federal and State 
                        programs, including programs funded 
                        under this part, which may include 
                        programs to expand learning time and 
                        for before- and after-school 
                        programming;
                          (iv) assist local educational 
                        agencies to align activities with funds 
                        the agencies receive under the program 
                        with other funding sources in order to 
                        support a coherent and nonduplicative 
                        program;
                          (v) solicit and approve subgrant 
                        applications, including how the State 
                        will--
                                  (I) allocate funds for 
                                statewide activities and 
                                subgrants for each year of the 
                                grant, consistent with 
                                allocation requirements under 
                                subsection (h)(2); and
                                  (II) consider the results of 
                                the analysis described in 
                                subparagraph (B) in the State's 
                                distribution of subgrants;
                          (vi) address the needs of diverse 
                        geographic areas in the State, 
                        including rural and urban communities;
                          (vii) provide assistance to local 
                        educational agencies and schools in 
                        their efforts to prevent and 
                        appropriately respond to incidents of 
                        harassment, including building the 
                        capacity of such agencies and schools 
                        to educate family and community members 
                        regarding the agencies' and schools' 
                        respective roles in preventing and 
                        responding to such incidents; and
                          (viii) provide assistance to local 
                        educational agencies and schools in 
                        their approaches to school discipline.
          (3) Application review process.--The Secretary shall 
        establish a process to review applications submitted 
        under this subsection.
  (d) Duration.--
          (1) In general.--A State that receives a grant under 
        this section may receive funding for not more than 5 
        years in accordance with this subsection.
          (2) Initial period.--The Secretary shall award grants 
        under this section for an initial period of not more 
        than 3 years.
          (3) Grant extension.--The Secretary may extend a 
        competitive grant awarded to a State under this section 
        for not more than an additional 2 years if the State 
        shows sufficient improvement, as determined by the 
        Secretary, against baseline data for the performance 
        metrics established under subsection (i).
  (e) Reservation and Use of Funds.--A State that receives a 
grant under this section shall--
          (1) reserve not more than 7\1/2\ percent of the grant 
        funds for administration of the program, technical 
        assistance, and the development, improvement, and 
        implementation of the State's conditions for learning 
        measurement system, as described in subsection (g); and
          (2) use the remainder of grant funds after making the 
        reservation under paragraph (1) to award subgrants, on 
        a competitive basis, to eligible local applicants.
  (f) Required State Activities.--A State that receives a grant 
under this section shall--
          (1) establish a statewide physical education 
        requirement that is consistent with widely recognized 
        standards;
          (2) require all local educational agencies in the 
        State to--
                  (A) establish policies that prevent and 
                prohibit conduct that is sufficiently severe, 
                persistent, or pervasive to limit a student's 
                ability to participate in or benefit from a 
                program or activity of a public school or 
                educational agency, or to create a hostile or 
                abusive educational environment at a program or 
                activity of a public school or educational 
                agency, including acts of verbal, nonverbal, or 
                physical aggression, intimidation, or 
                hostility; and
                  (B) provide--
                          (i) annual notice to parents and 
                        students describing the full range of 
                        prohibited conduct contained in such 
                        local educational agency's discipline 
                        policies; and
                          (ii) grievance procedures for 
                        students or parents to register 
                        complaints regarding the prohibited 
                        conduct contained in such local 
                        educational agency's discipline 
                        policies, including--
                                  (I) the name of the local 
                                educational agency officials 
                                who are designated as 
                                responsible for receiving such 
                                complaints; and
                                  (II) timelines that the local 
                                educational agency will follow 
                                in the resolution of such 
                                complaints;
          (3) not later than 1 year after receipt of the grant, 
        develop, adapt, improve, or adopt and implement the 
        statewide conditions for learning measurement system 
        described in subsection (g) (unless the State can 
        demonstrate, to the satisfaction of the Secretary, that 
        an appropriate system has already been implemented) 
        that annually measures the State's progress in the 
        conditions for learning for every public school in the 
        State;
          (4) collect information in each year of the grant on 
        the conditions for learning at the school-building 
        level;
          (5) collect annual incident data at the school-
        building level that are accurate and complete;
          (6) publicly report, at the school level and local 
        educational agency level, the data collected in the 
        State's conditions for learning measurement system, 
        described in subsection (g), each year in a timely and 
        highly accessible manner, and in a manner that does not 
        reveal personally identifiable information;
          (7) use the results of the data collected in the 
        State's conditions for learning measurement system to--
                  (A) identify and address conditions for 
                learning statewide;
                  (B) help subgrantees identify and address 
                school and student needs; and
                  (C) provide individualized assistance to 
                schools identified under section 1116 and 
                schools with significant conditions for 
                learning weaknesses;
          (8) award subgrants, consistent with subsection (h), 
        to eligible local applicants; and
          (9) monitor subgrants and provide technical 
        assistance to subgrantees on the implementation of 
        grant activities.
  (g) Conditions for Learning Measurement System.--
          (1) In general.--Each State that receives a grant 
        under this part shall establish a State reporting and 
        information system that measures conditions for 
        learning in the State and is, to the extent 
        practicable, part of the State's statewide longitudinal 
        data system and with the State's system for reporting 
        the data required under section 1111.
          (2) System activities.--The State reporting and 
        information system described in paragraph (1) shall--
                  (A) contain, at a minimum, data from valid 
                and reliable surveys of students and staff and 
                the indicators in subparagraph (B) that allow 
                staff at the State, local educational agencies, 
                and schools to examine and improve school-level 
                conditions for learning;
                  (B) collect school-level data on--
                          (i) physical education indicators;
                          (ii) student attendance and truancy;
                          (iii) in-school suspensions, out-of-
                        school suspensions, expulsions, 
                        referrals to law enforcement, school-
                        based arrests, and disciplinary 
                        transfers (including placements in 
                        alternative schools) by student;
                          (iv) the frequency, seriousness, and 
                        incidence of violence and drug-related 
                        offenses resulting in disciplinary 
                        action in elementary schools and 
                        secondary schools in the State; and
                          (v) the incidence and prevalence, age 
                        of onset, perception of health risk, 
                        and perception of social disapproval of 
                        drug use and violence, including 
                        harassment, by youth and school 
                        personnel in schools and communities;
                  (C) collect and report data, including, at a 
                minimum, the data described in clauses (ii), 
                (iii), and (v) of subparagraph (B), in the 
                aggregate and disaggregated by the categories 
                of race, ethnicity, gender, disability status, 
                migrant status, English proficiency, and status 
                as economically disadvantaged, and cross 
                tabulated across all of such categories by 
                gender and by disability;
                  (D) protect student privacy, consistent with 
                applicable data privacy laws and regulations, 
                including section 444 of the General Education 
                Provisions Act (20 U.S.C. 1232g, commonly known 
                as the ``Family Educational Rights and Privacy 
                Act of 1974''); and
                  (E) to the extent practicable, utilize a web-
                based reporting system.
          (3) Compiling statistics.--In compiling the 
        statistics required to measure conditions for learning 
        in the State--
                  (A) the offenses described in paragraph 
                (2)(B)(iv) shall be defined pursuant to the 
                State's criminal code, and aligned to the 
                extent possible, with the Federal Bureau of 
                Investigation's Uniform Crime Reports 
                categories, but shall not identify victims of 
                crimes or persons accused of crimes and the 
                collected data shall include incident reports 
                by school officials, anonymous student surveys, 
                and anonymous teacher surveys;
                  (B) the performance metrics that are 
                established under subsection (i) shall be 
                collected and the performance on such metrics 
                shall be defined and reported uniformly 
                statewide;
                  (C) the State shall collect, analyze, and use 
                the data under paragraph (2)(B) at least 
                annually, except the indicators under paragraph 
                (2)(B)(v) may be collected, at a minimum, every 
                2 years; and
                  (D) grant recipients and subgrant recipients 
                shall use the data for planning and continuous 
                improvement of activities implemented under 
                this part, and may collect data for indicators 
                that are locally defined, and that are not 
                reported to the State, to meet local needs (so 
                long as such indicators are aligned with the 
                conditions for learning).
  (h) Subgrants.--
          (1) In general.--
                  (A) Awarding of subgrants.--A State that 
                receives a grant under this section shall award 
                subgrants, on a competitive basis, to eligible 
                local applicants--
                          (i) based on need as identified by 
                        the State's conditions for learning 
                        measurement system described in 
                        subsection (g);
                          (ii) that are of sufficient size and 
                        scope to enable subgrantees to carry 
                        out approved activities; and
                          (iii) to implement programs that--
                                  (I) are comprehensive in 
                                nature;
                                  (II) are based on 
                                scientifically valid research;
                                  (III) improve conditions for 
                                learning; and
                                  (IV) are part of a strategy 
                                to achieve all the conditions 
                                for learning.
                  (B) Assistance.--A State that receives a 
                grant under this section shall provide 
                assistance to subgrant applicants and 
                recipients in the selection of scientifically 
                valid programs and interventions.
          (2) Allocation.--
                  (A) In general.--In awarding subgrants under 
                this section, each State shall ensure that, for 
                the aggregate of all subgrants awarded by the 
                State, not less than 20 percent of the subgrant 
                funds are allocated to carry out programs to 
                promote physical activity, education, fitness, 
                and nutrition.
                  (B) Rule of construction.--Nothing in this 
                paragraph shall be construed to require States, 
                in making subgrants to eligible local 
                applicants, to require subgrant recipients to 
                use 20 percent of subgrant funds for the 
                promotion of physical activity, education, 
                fitness, and nutrition.
          (3) Applications.--An eligible local applicant that 
        desires to receive a subgrant under this subsection 
        shall submit to the State an application at such time, 
        in such manner, and containing such information as the 
        State may require.
          (4) Priority.--In awarding subgrants under this 
        subsection, a State shall give priority to applications 
        that--
                  (A) demonstrate the greatest need according 
                to the results of the local needs assessment; 
                and
                  (B) propose to serve schools with the highest 
                concentrations of poverty, based on the 
                percentage of students receiving or are 
                eligible to receive a free or reduced price 
                lunch under the Richard B. Russell National 
                School Lunch Act (42 U.S.C. 1751 et seq.).
          (5) Activities of subgrant recipients.--Each 
        recipient of a subgrant under this subsection shall, 
        for the duration of the subgrant, provide for the 
        following:
                  (A) Carry out activities--
                          (i) the need for which has been 
                        identified, at a minimum, through the 
                        State's conditions for learning 
                        measurement system described in 
                        subsection (g);
                          (ii) that are part of a comprehensive 
                        strategy or framework to address such 
                        need; and
                          (iii) that include 1 or more of the 
                        following:
                                  (I) Drug and violence 
                                prevention;
                                  (II) Programs to promote 
                                mental health.
                                  (III) Programs to promote 
                                physical activity, education, 
                                fitness, and nutrition.
                  (B) Ensure that each framework, intervention, 
                or program selected be based on scientifically 
                valid research and be used for the purpose for 
                which such framework, intervention, or program 
                was found to be effective.
                  (C) Use school-level data from the State's 
                conditions for learning measurement system, 
                described in subsection (g), to inform the 
                implementation and continuous improvement of 
                activities carried out under this part.
                  (D) Collect and report to the State 
                educational agency, data for schools served by 
                the subgrant recipient, in a manner consistent 
                with the State's conditions for learning 
                measurement system, described in subsection 
                (g).
                  (E) Establish policies to expand access to 
                quality physical activity opportunities, 
                including local school wellness policies 
                consistent with the requirements of section 9A 
                of the Richard B. Russell National School Lunch 
                Act. For purposes of this part, school wellness 
                councils established consistent with section 9A 
                of the Richard B. Russell National School Lunch 
                Act may be part of existing school councils, if 
                such councils exist and have the capacity and 
                willingness to address school wellness.
                  (F) Engage family members and community-based 
                organizations in the development of conditions 
                for learning surveys, and in the planning, 
                implementation, and review of the subgrant 
                recipient's efforts under this part.
                  (G) Consider and accommodate the unique needs 
                of students with disabilities and English 
                learners in implementing activities.
  (i) Accountability.--
          (1) Establishment of performance metrics.--The 
        Secretary, acting through the Director of the Institute 
        of Education Sciences, shall establish program 
        performance metrics to measure the effectiveness of the 
        activities carried out under this part.
          (2) Annual report.--Each State that receives a grant 
        under this part shall prepare and submit an annual 
        report to the Secretary, which shall include 
        information relevant to the conditions for learning, 
        including on progress towards meeting outcomes for the 
        metrics established under paragraph (1).
  (j) Evaluation.--From the amount reserved in accordance with 
section 9601, the Secretary, acting through the Director of the 
Institute of Education Sciences, shall conduct an evaluation of 
the impact of the practices funded or disseminated under this 
section.

SEC. 4405. TECHNICAL ASSISTANCE.

  From the amount reserved under section 4403(3), the Secretary 
shall provide technical assistance to applicants, recipients, 
and subgrant recipients of the programs funded under this part.

SEC. 4406. PROHIBITED USES OF FUNDS.

  No funds appropriated under this part may be used to pay 
for--
          (1) school resource officer or other security 
        personnel salaries, metal detectors, security cameras, 
        or other security-related salaries, equipment, or 
        expenses;
          (2) drug testing programs; or
          (3) the development, establishment, implementation, 
        or enforcement of zero-tolerance discipline policies, 
        other than those expressly required under the Gun-Free 
        Schools Act (20 U.S.C. 7151 et seq.).

SEC. 4407. FEDERAL AND STATE NONDISCRIMINATION LAWS.

  Nothing in this part shall be construed to invalidate or 
limit nondiscrimination principles or rights, remedies, 
procedures, or legal standards available to victims of 
discrimination under any other Federal law or law of a State or 
political subdivision of a State, including title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of 
the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), 
section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 
794 and 794a), or the Americans with Disabilities Act of 1990 
(42 U.S.C. 12101 et seq.). The obligations imposed by this part 
are in addition to those imposed by title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the 
Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.).

           PART [B]E--21ST CENTURY COMMUNITY LEARNING CENTERS

SEC. [4201]4501. PURPOSE; DEFINITIONS.

  (a) Purpose.--The purpose of this part is [to provide]to 
assist States in providing opportunities for 
[communities]eligible entities to establish or expand 
activities in community learning centers that--
          (1) provide students with before school, after 
        school, or summer learning opportunities for academic 
        enrichment, including providing tutorial services to 
        help students[, particularly students] who attend low-
        performing schools[,] to meet State and local student 
        academic achievement standards in core academic 
        subjects, such as reading and mathematics;
          (2) offer students who attend low-performing schools 
        a broad array of additional services, programs, and 
        activities, such as youth development activities, drug 
        and violence prevention programs, counseling programs, 
        art, music, and recreation programs, technology 
        education programs, and character education programs, 
        that are designed to reinforce and complement the 
        regular academic program of participating students; 
        [and]
          [(3) offer families of students served by community 
        learning centers opportunities for literacy and related 
        educational development.]
          (3) significantly increase the number of hours in a 
        regular school day, week, or year in order to provide 
        students with additional time for academic work and for 
        additional subjects and enrichment activities that 
        increase student achievement and engagement; and
          (4) comprehensively redesign and implement an 
        expanded school day, expanded school week, or expanded 
        school year schedule for all students in a high-need 
        school, to provide additional time for--
                  (A) instruction in core academic subjects;
                  (B) instruction in additional subjects and 
                enrichment activities; and
                  (C) teachers and staff to collaborate, plan, 
                and engage in professional development within 
                and across grades and subjects.
  (b) Definitions.--In this part:
          (1) Community learning center.--The term ``community 
        learning center'' means an entity [that--]that provides 
        1 or more of the following:
                  (A) [assists]Before school, after school, or 
                summer learning programs that assist students 
                in meeting State and local academic achievement 
                standards in core academic subjects, such as 
                reading and mathematics, by providing the 
                students with opportunities for academic 
                enrichment activities and a broad array of 
                other activities (such as drug and violence 
                prevention, counseling, art, music, recreation, 
                technology, and character education programs) 
                during nonschool hours or periods when school 
                is not in session [(such as before and after 
                school or during summer recess)]that reinforce 
                and complement the regular academic programs of 
                the schools attended by the students served[; 
                and].
                  [(B) offers families of students served by 
                such center opportunities for literacy and 
                related educational development.]
                  (B) Expanded learning time programs that 
                significantly increase the total number of 
                hours in a regular school day, week, or year, 
                in order to provide students with the greatest 
                academic needs with--
                          (i) additional time to participate in 
                        academic activities that--
                                  (I) are aligned with the 
                                instruction that such students 
                                receive during the regular 
                                school day; and
                                  (II) are targeted to the 
                                academic needs of such 
                                students; and
                          (ii) time to engage in enrichment and 
                        other activities that complement the 
                        academic program and contribute to a 
                        well-rounded education, which may 
                        include music and the arts, physical 
                        education, and experiential and work-
                        based learning opportunities.
                  (C) Expanded learning time initiatives that 
                use an expanded school day, expanded school 
                week, or expanded school year schedule to 
                increase the total number of school hours for 
                the school year at a high-need school by not 
                less than 300 hours and redesign the school's 
                program in a manner that includes additional 
                time--
                          (i) for academic work, and to support 
                        innovation in teaching, in order to 
                        improve the proficiency of 
                        participating students, particularly 
                        struggling students, in core academic 
                        subjects;
                          (ii) to advance student learning for 
                        all students in all grades;
                          (iii) for additional subjects and 
                        enrichment activities that contribute 
                        to a well-rounded education, which may 
                        include music and the arts, physical 
                        education, and experiential and work-
                        based learning opportunities; and
                          (iv) for teachers to engage in 
                        collaboration and professional 
                        planning, within and across grades and 
                        subjects.
          [(2) Covered program.--The term ``covered program'' 
        means a program for which--
                  [(A) the Secretary made a grant under part I 
                of title X (as such part was in effect on the 
                day before the date of enactment of the No 
                Child Left Behind Act of 2001); and
                  [(B) the grant period had not ended on that 
                date of enactment.
          [(3) Eligible entity.--The term ``eligible entity'' 
        means a local educational agency, community-based 
        organization, another public or private entity, or a 
        consortium of two or more of such agencies, 
        organizations, or entities.]
          (2) Eligible entity.--
                  (A) In general.--The term ``eligible entity'' 
                means a partnership of--
                          (i) 1 or more high-need local 
                        educational agencies in partnership 
                        with 1 or more nonprofit organizations 
                        with a demonstrated record of success 
                        in designing and implementing before 
                        school, after school, summer learning, 
                        or expanded learning time activities; 
                        or
                          (ii) 1 or more nonprofit 
                        organizations with a demonstrated 
                        record of success in designing and 
                        implementing before school, after 
                        school, summer learning, or expanded 
                        learning time activities, in 
                        partnership with 1 or more high-need 
                        local educational agencies.
                  (B) Special rule.--A State educational agency 
                shall deem a rural local educational agency 
                applying for a grant under section 4504 without 
                a partnering public or nonprofit entity to be 
                an eligible entity if the rural local 
                educational agency demonstrates that such 
                agency is unable to partner with a public or 
                nonprofit organization in reasonable geographic 
                proximity or of sufficient quality to meet the 
                requirements of this part.
          [(4)](3) State.--The term ``State'' means each of the 
        50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.

SEC. [4202]4502. ALLOTMENTS TO STATES.

  (a) Reservation.--From the funds appropriated [under section 
4206]to carry out this part for any fiscal year, the Secretary 
shall reserve--
          [(1) such amount as may be necessary to make 
        continuation awards to grant recipients under covered 
        programs (under the terms of those grants);]
          [(2)](1) not more than 1 percent for national 
        activities, which the Secretary may carry out directly 
        or through grants and contracts, such as providing 
        technical assistance to eligible entities carrying out 
        programs under this part or conducting a national 
        evaluation; and
          [(3)](2) not more than 1 percent for payments to the 
        outlying areas and the [Bureau of Indian Affairs]Bureau 
        of Indian Education, to be allotted in accordance with 
        their respective needs for assistance under this part, 
        as determined by the Secretary, to enable the outlying 
        areas and the Bureau to carry out the purpose of this 
        part.
  (b) State Allotments.--
          (1) Determination.--From the funds appropriated 
        [under section 4206]to carry out this part for any 
        fiscal year and remaining after the Secretary makes 
        reservations under subsection (a), the Secretary shall 
        allot to each State for the fiscal year an amount that 
        bears the same relationship to the remainder as the 
        amount the State received under subpart 2 of part A of 
        title I for the preceding fiscal year bears to the 
        amount all States received under that subpart for the 
        preceding fiscal year, except that no State shall 
        receive less than an amount equal to one-half of 1 
        percent of the total amount made available to all 
        States under this subsection.
          (2) Reallotment of unused funds.--* * *
  (c) State Use of Funds.--
          (1) In general.--Each State that receives an 
        allotment under this part shall reserve not less than 
        95 percent of the amount allotted to such State under 
        subsection (b), for each fiscal year for awards to 
        eligible entities under section [4204]4504.
          (2) State administration.--A State educational agency 
        may use not more than 2 percent of the amount made 
        available to the State under subsection (b) for--
                  (A) * * *
                  (B) establishing and implementing a peer 
                review process for grant applications described 
                in section [4204(b)]4504(b) (including 
                consultation with the Governor and other State 
                agencies [responsible for administering youth 
                development programs and adult learning 
                activities]as applicable); and
                  [supervising the awarding of funds to 
                eligible entities (in consultation with the 
                Governor and other State agencies responsible 
                for administering youth development programs 
                and adult learning activities).]
                  (C) supervising the awarding of funds to 
                eligible entities (in consultation with the 
                Governor and other State agencies responsible 
                for administering youth development programs 
                and adult learning activities).
          (3) State activities.--* * *
                  (A) Monitoring and comprehensive evaluation 
                (directly, or through a grant or contract) of 
                the effectiveness of programs and activities 
                assisted under this part.
                  [(B) Providing capacity building, training, 
                and technical assistance under this part.]
                  (B) Providing capacity building, training, 
                professional development, and technical 
                assistance under this part to eligible 
                entities, relating to activities such as--
                          (i) coordinating activities carried 
                        out under this part with other Federal, 
                        State, and local programs so as to 
                        implement high-quality programs; and
                          (ii) aligning activities carried out 
                        under this part with State academic 
                        content standards.
                  [(C) Comprehensive evaluation (directly, or 
                through a grant or contract) of the 
                effectiveness of programs and activities 
                assisted under this part.
                  [(D) Providing training and technical 
                assistance to eligible entities who are 
                applicants for or recipients of awards under 
                this part.]

SEC. [4203]4503. STATE APPLICATION.

  (a) In General.--In order to receive an allotment under 
section [4202]4502 for any fiscal year, a State shall submit to 
the Secretary, at such time as the Secretary may require, an 
application that--
          (1) * * *

           *       *       *       *       *       *       *

          (2) describes how the State educational agency will 
        use funds received under this part, including funds 
        reserved for State-level activities;
          (3) contains an assurance that the State educational 
        agency will make awards under this part only to 
        eligible entities that propose to [serve--
                  [(A) students who primarily attend--
                          [(i) schools eligible for schoolwide 
                        programs under section 1114; or
                          [(ii) schools that serve a high 
                        percentage of students from low-income 
                        families; and
                  [(B) the families of students described in 
                subparagraph (A)]serve students who primarily 
                attend high-need schools and schools that are 
                identified through a State's accountability and 
                improvement system under subsection (b) or 
                (c)(2) of section 1116;
          (4) describes the State's rigorous, high-quality 
        competition for grants under section 4204, including 
        the procedures and criteria the State educational 
        agency will use for reviewing applications and awarding 
        funds to eligible entities on a competitive basis[, 
        which shall include procedures and criteria that take 
        into consideration the likelihood that a proposed 
        community learning center will help participating 
        students meet local content and student academic 
        achievement standards];
          [(5) describes how the State educational agency will 
        ensure that awards made under this part are--
                  [(A) of sufficient size and scope to support 
                high-quality, effective programs that are 
                consistent with the purpose of this part; and
                  [(B) in amounts that are consistent with 
                section 4204(h);]
          (5) describes how the State educational agency will 
        ensure that awards made under this part are of 
        sufficient size and scope to support high-quality, 
        effective programs that are consistent with the purpose 
        of this part;
          (6) * * *
          [(7) describes how programs under this part will be 
        coordinated with programs under this Act, and other 
        programs as appropriate;]
          (7) describes how the State educational agency will 
        assist eligible entities in coordinating funds received 
        through the grant with other funding streams, in order 
        to support a coherent and sustainable approach to 
        funding and implementing programs and activities under 
        this part and other programs under this Act;
          (8) contains an assurance that the State educational 
        agency--
                  (A) will make awards for programs for a 
                period of [not less than 3 years and not more 
                than 5 years]not more than 3 years, and may 
                extend a grant for an additional period of not 
                more than 2 years if the eligible entity is 
                achieving the intended outcomes of the grant; 
                and
                  (B) * * *
          (9) * * *
          (10) contains an assurance that the State educational 
        agency will require eligible entities to describe in 
        their applications under section [4204(b)]4504(b) how 
        the transportation needs, if any, of participating 
        students will be addressed;
          (11) provides an assurance that the application was 
        developed in consultation and coordination with 
        appropriate State officials, including the chief State 
        school officer, and other State agencies administering 
        [before and after school (or summer school) programs, 
        the heads of the State health and mental health 
        agencies or their designees,]before school, after 
        school, summer learning, and expanded learning time 
        programs and initiatives, and representatives of 
        teachers, parents, students, the business community, 
        and community-based organizations;
          (12) describes the results of the State's needs and 
        resources assessment for [before and after 
        school]before school, after school, summer learning, 
        and expanded learning time activities, which shall be 
        based on the results of on-going State evaluation 
        activities;
          (13) describes how the State educational agency will 
        evaluate, on a regular basis, and not less than every 3 
        years after the receipt of the grant the effectiveness 
        of programs and activities carried out under this part, 
        which shall include, at a minimum--
                  [(A) a description of the performance 
                indicators and performance measures that will 
                be used to evaluate programs and activities; 
                and]
                  (A) a description of the benchmarks and 
                performance goals that will be used to hold 
                eligible entities accountable and to determine 
                whether to provide eligible entities receiving 
                a grant under section 4504 with an additional 
                2-year period of grant funding after the 
                initial 3-year grant; and
                  (B) public dissemination of the evaluations 
                of programs and activities carried out under 
                this part; [and]
          (14) provides for timely public notice of intent to 
        file an application and an assurance that the 
        application will be available for public review after 
        submission[.]; and
          (15) contains an assurance that each eligible entity 
        that applies for an award under section 4504 shall have 
        the flexibility to apply for funds to carry out 
        programs described in subparagraph (A), (B), or (C) of 
        section 4501(b)(1).
  (b) Deemed Approval.--* * *

           *       *       *       *       *       *       *


SEC. [4204]4504. LOCAL COMPETITIVE GRANT PROGRAM.

  (a) In General.--A State that receives funds under this part 
for a fiscal year shall provide the amount made available under 
section [4202(c)(1)]4502(c)(1) to eligible entities for 
community learning centers in accordance with this part.
  (b) Application.--
          (1) In general.--* * *
          (2) Contents.--Each application submitted under 
        paragraph (1) shall include--
                  [(A) a description of the before and after 
                school or summer recess activities to be 
                funded, including--
                          [(i) an assurance that the program 
                        will take place in a safe and easily 
                        accessible facility;
                          [(ii) a description of how students 
                        participating in the program carried 
                        out by the community learning center 
                        will travel safely to and from the 
                        center and home; and
                          [(iii) a description of how the 
                        eligible entity will disseminate 
                        information about the community 
                        learning center (including its 
                        location) to the community in a manner 
                        that is understandable and accessible;]
                  (A) a description of the before school, after 
                school, summer learning, or expanded learning 
                time activities to be funded, including--
                          (i) evidence that research-based 
                        strategies for student achievement and 
                        engagement will be utilized in the 
                        program;
                          (ii) as applicable, an explanation of 
                        how the program will offer students--
                                  (I) academic instruction that 
                                is aligned with the academic 
                                needs of the students; and
                                  (II) engaging enrichment 
                                activities that are aligned 
                                with the developmental needs 
                                and interests of the students, 
                                and that contribute to a well-
                                rounded education;
                          (iii) an assurance that the program 
                        will take place in a safe learning 
                        environment and an easily accessible 
                        facility;
                          (iv) if applicable, a description of 
                        how students participating in the 
                        program will travel safely to and from 
                        home; and
                          (v) a description of how the eligible 
                        entity will disseminate information 
                        about the program to the community in a 
                        manner that is understandable and 
                        accessible;
                  (B) a description of how the 
                [activity]program is expected to improve 
                student academic achievement and help keep 
                students on track to college and career 
                readiness;
                  (C) * * *

           *       *       *       *       *       *       *

                  [(E) a description of how the activities will 
                meet the principles of effectiveness described 
                in section 4205(b);]
                  (E) as applicable, an explanation of how the 
                program will offer students--
                          (i) academic instruction that is 
                        aligned with the academic needs of the 
                        students; and
                          (ii) engaging enrichment activities 
                        that are aligned with the developmental 
                        needs and interests of the students, 
                        and that contribute to a well-rounded 
                        education;
                  (F) an assurance that the program will 
                primarily target students who attend [schools 
                eligible for schoolwide programs under section 
                1114 and the families of such students]high-
                need schools and schools that are identified 
                through a State's accountability and 
                improvement system under subsections (b) or 
                (c)(2) of section 1116;
                  (G) * * *
                  [(H) a description of the partnership between 
                a local educational agency, a community-based 
                organization, and another public entity or 
                private entity, if appropriate;]
                  (H) a description of the capacity of the 
                eligible entity partners described in section 
                4501(b)(2)(A)(ii) to successfully implement the 
                program, including the quality and experience 
                of the management team of such partners;
                  (I) an evaluation of the community needs and 
                available resources for the community learning 
                center and a description of how the program 
                proposed to be carried out [in the center]will 
                address those needs [(including the needs of 
                working families)];
                  [(J) a demonstration that the eligible entity 
                has experience, or promise of success, in 
                providing educational and related activities 
                that will complement and enhance the academic 
                performance, achievement, and positive youth 
                development of the students;]
                  (J) a description of the education and 
                training activities that program staff and 
                teachers, as applicable, have received or will 
                receive to effectively administer the proposed 
                program;
                  (K) * * *
                  [(L) an assurance that the community will be 
                given notice of an intent to submit an 
                application and that the application and any 
                waiver request will be available for public 
                review after submission of the application;
                  [(M) if the eligible entity plans to use 
                senior volunteers in activities carried out 
                through the community learning center, a 
                description of how the eligible entity will 
                encourage and use appropriately qualified 
                seniors to serve as the volunteers; and]
                  [(N)](L) such other information and 
                assurances as the State educational agency may 
                reasonably require.
  (c) Approval of Certain Applications.--* * *
  [(d) Permissive Local Match.--
          [(1) In general.--A State educational agency may 
        require an eligible entity to match funds awarded under 
        this part, except that such match may not exceed the 
        amount of the grant award and may not be derived from 
        other Federal or State funds.
          [(2) Sliding scale.--The amount of a match under 
        paragraph (1) shall be established based on a sliding 
        fee scale that takes into account--
                  [(A) the relative poverty of the population 
                to be targeted by the eligible entity; and
                  [(B) the ability of the eligible entity to 
                obtain such matching funds.
          [(3) In-kind contributions.--Each State educational 
        agency that requires an eligible entity to match funds 
        under this subsection shall permit the eligible entity 
        to provide all or any portion of such match in the form 
        of in-kind contributions.
          [(4) Consideration.--Notwithstanding this subsection, 
        a State educational agency shall not consider an 
        eligible entity's ability to match funds when 
        determining which eligible entities will receive awards 
        under this part.]
  [(e)](d) Peer Review.--In reviewing local applications under 
this section, a State educational agency shall use a peer 
review process or other methods of assuring the quality of such 
applications.
  [(f)](e) Geographic Diversity.--To the extent practicable, a 
State educational agency shall distribute funds under this part 
equitably among geographic areas within the State, including 
urban and rural communities.
  [(g)](f) Duration of Awards.--Grants under this part may be 
awarded for a period of [not less than 3 years and not more 
than 5 years]not more than 3 years, and may be extended for an 
additional period of not more than 2 years, if an eligible 
entity is achieving the intended outcomes of the grant.
  [(h) Amount of Awards.--A grant awarded under this part may 
not be made in an amount that is less than $50,000.]
  [(i)](g) Priority.--
          [(1) In general.--In awarding grants under this part, 
        a State educational agency shall give priority to 
        applications--
                  [(A) proposing to target services to students 
                who attend schools that have been identified as 
                in need of improvement under section 1116; and
                  [(B) submitted jointly by eligible entities 
                consisting of not less than 1--
                          [(i) local educational agency 
                        receiving funds under part A of title 
                        I; and
                          [(ii) community-based organization or 
                        other public or private entity.
          [(2) Special rule.--The State educational agency 
        shall provide the same priority under paragraph (1) to 
        an application submitted by a local educational agency 
        if the local educational agency demonstrates that it is 
        unable to partner with a community-based organization 
        in reasonable geographic proximity and of sufficient 
        quality to meet the requirements of this part.].--
          (1) In general.--In awarding grants under this part, 
        a State educational agency shall give priority to high-
        quality applications that--
                  (A) are based on strong research evidence for 
                improving student learning, as measured by 
                student achievement and other measures of 
                student learning and development that are 
                appropriate for, and aligned to, the program's 
                goals and design;
                  (B) propose to serve the highest percentage 
                of students from low-income families;
                  (C) include a partnership agreement, signed 
                by each partner of the eligible entity, that--
                          (i) shows that the staff of each 
                        partner are committed to work 
                        collaboratively to implement the 
                        proposed activities, including through 
                        coordinated planning, collaborative 
                        implementation, and joint professional 
                        development and training opportunities;
                          (ii) sets clear expectations, 
                        including measurable goals for each 
                        partner;
                          (iii) requires the collection and 
                        reporting of data about the outcomes of 
                        programs funded under this part, in 
                        order to monitor progress toward 
                        achieving such goals and inform 
                        implementation; and
                          (iv) specifies how student 
                        information will be shared to advance 
                        the goals of the proposed program and 
                        activities, including student academic 
                        achievement and engagement data, as 
                        appropriate and in accordance with 
                        Federal, State, and local laws; and
                  (D) are submitted by eligible entities that 
                will provide matching funds to carry out the 
                activities supported by the grant, as described 
                in paragraph (2).
          (2) Matching funds.--
                  (A) Amount of matching funds.--In awarding 
                grants under this section, a State educational 
                agency shall give priority to applications from 
                eligible entities that, in addition to meeting 
                the requirements of paragraph (1), provide 
                matching funds in an amount not less than--
                          (i) for the first year of an initial 
                        grant under this section, 10 percent of 
                        the cost of the activities;
                          (ii) for the second year of such 
                        grant, 20 percent of the cost of the 
                        activities;
                          (iii) for the third year of such 
                        grant, and for the first year of a 
                        subsequent grant under this section, 30 
                        percent of the cost of the activities; 
                        and
                          (iv) for the second or any succeeding 
                        year of such subsequent grant, 40 
                        percent of the cost of the activities.
                  (B) Cash or in-kind.--The eligible entity may 
                provide the matching funds described in 
                subparagraph (A) in cash or in-kind, fairly 
                evaluated, including plant, equipment, or 
                services, but may not provide more than 50 
                percent of the matching funds in-kind.
                  (C) Waiver.--A State educational agency may 
                waive all or part of the matching requirement 
                for priority described in this paragraph, on a 
                case-by-case basis, upon a showing of serious 
                financial hardship.
  (h) Special Rule.--In implementing 21st Century Community 
Learning Centers, the Department shall not give priority to, 
show preference for, or provide direction about whether 
communities use 21st Century Community Learning Centers funds 
for eligible entities described in subparagraph (A), (B), or 
(C) of section 4501(b)(1).

SEC. [4205]4505. LOCAL ACTIVITIES.

  (a) Authorized Activities.--Each eligible entity that 
receives an award under this part may use the award funds to 
carry out a broad array of [before and after school activities 
(including during summer recess periods)]before school, after 
school, summer learning, or expanded learning time activities 
that advance student academic achievement, including--
          (1) high-quality expanded learning time programs or 
        initiatives;
          [(1)](2) * * *
          [(2)](3) * * *
          [(3)](4) * * *
          [(4)](5) * * *
          [(5)](6) tutoring services [(including those provided 
        by senior citizen volunteers)]and mentoring programs;
          [(6)](7) programs that provide after school 
        activities for [limited English proficient 
        students]English learners that emphasize language 
        skills and academic achievement;
          [(7)](8) * * *
          [(8)](9) * * *
          [(9)](10) * * *
          [(10)](11) * * *
          [(11)](12) * * *
          [(12)](13) * * *
  [(b) Principles of Effectiveness.--
          [(1) In general.--For a program or activity developed 
        pursuant to this part to meet the principles of 
        effectiveness, such program or activity shall--
                  [(A) be based upon an assessment of objective 
                data regarding the need for before and after 
                school programs (including during summer recess 
                periods) and activities in the schools and 
                communities;
                  [(B) be based upon an established set of 
                performance measures aimed at ensuring the 
                availability of high quality academic 
                enrichment opportunities; and
                  [(C) if appropriate, be based upon 
                scientifically based research that provides 
                evidence that the program or activity will help 
                students meet the State and local student 
                academic achievement standards.
          [(2) Periodic evaluation.--
                  [(A) In general.--The program or activity 
                shall undergo a periodic evaluation to assess 
                its progress toward achieving its goal of 
                providing high quality opportunities for 
                academic enrichment.
                  [(B) Use of results.--The results of 
                evaluations under subparagraph (A) shall be--
                          [(i) used to refine, improve, and 
                        strengthen the program or activity, and 
                        to refine the performance measures; and
                          [(ii) made available to the public 
                        upon request, with public notice of 
                        such availability provided.]
  (b) Performance Indicators.--Each State educational agency 
that receives a grant under this part shall collect, and 
annually report to the Secretary, information on the following 
performance indicators, disaggregated, as appropriate, by the 
subgroups described in section 1111(a)(2)(B)(ix):
          (1) The average time added to the school day, school 
        week, or school year, if applicable.
          (2) Student participation and attendance rates for 
        the programs funded under this part.
          (3) Student achievement in core academic subjects and 
        high school graduation rates, as applicable, for 
        students who participate in such programs.

[SEC. 4206. [20 U.S.C. 7176] AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated--
          [(1) $1,250,000,000 for fiscal year 2002;
          [(2) $1,500,000,000 for fiscal year 2003;
          [(3) $1,750,000,000 for fiscal year 2004;
          [(4) $2,000,000,000 for fiscal year 2005;
          [(5) $2,250,000,000 for fiscal year 2006; and
          [(6) $2,500,000,000 for fiscal year 2007.]

           *       *       *       *       *       *       *


                     PART F--PROMISE NEIGHBORHOODS

SEC. 4601. SHORT TITLE.

  This part may be cited as the ``Promise Neighborhoods Act of 
2011''.

SEC. 4602. PURPOSE.

  The purpose of this part is to significantly improve academic 
outcomes, including school readiness, high school graduation, 
and college and career readiness of children living in our 
Nation's most distressed neighborhoods, by using data-driven 
decisionmaking and existing external resources to provide 
children in such neighborhoods with access to a community-based 
continuum of high-quality pipeline services that include access 
to early learning opportunities, high-quality schools, and 
evidence-based practices that address the needs of such 
children from birth through college and career.

SEC. 4603. DEFINITIONS.

  In this part:
          (1) College and career readiness.--The term ``college 
        and career readiness'' means the level of preparation a 
        student needs in order to meet the State academic 
        content and achievement standards under section 
        1111(a)(1).
          (2) Community of practice.--The term ``community of 
        practice'' means a group of entities that interact 
        regularly to share best practices to address 1 or more 
        persistent problems, or improve practice with respect 
        to such problems, in 1 or more neighborhoods.
          (3) Expanded learning time.--The term ``expanded 
        learning time'' means the activities and programs 
        described in subparagraphs (A), (B), and (C) of section 
        4501(b)(1).
          (4) Family and student supports.--The term ``family 
        and student supports'' includes--
                  (A) health programs (including both mental 
                health and physical health services);
                  (B) school-, public-, and child-safety 
                programs;
                  (C) programs that improve family stability;
                  (D) workforce development programs (including 
                those that meet local business needs, such as 
                internships and externships);
                  (E) social service programs;
                  (F) legal aid programs;
                  (G) financial literacy education programs;
                  (H) adult education and family literacy 
                programs;
                  (I) parent, family, and community engagement 
                programs; and
                  (J) programs that increase access to learning 
                technology and enhance the digital literacy 
                skills of students.
          (5) Integrated student supports.--The term 
        ``integrated student supports'' means services, 
        supports, and community resources, which shall be 
        offered through a site coordinator for at-risk 
        students, that have been shown by evidence-based 
        research--
                  (A) to increase academic achievement and 
                engagement;
                  (B) to support positive child and youth 
                development; and
                  (C) to increase student preparedness for 
                success in college and the workforce.
          (6) Neighborhood.--The term ``neighborhood'' means a 
        defined geographical area in which there are multiple 
        signs of distress, demonstrated by indicators of need, 
        including poverty, childhood obesity rates, academic 
        failure, and rates of juvenile delinquency, 
        adjudication, or incarceration.
          (7) Pipeline services.--The term ``pipeline 
        services'' means a continuum of supports and services 
        for children from birth through college entry, college 
        success, and career attainment, including, at a 
        minimum, strategies to address through services or 
        programs (including integrated student supports and 
        wraparound services) the following:
                  (A) Prenatal education and support for 
                expectant parents.
                  (B) High-quality early learning 
                opportunities.
                  (C) High-quality schools and out-of-school-
                time programs and strategies.
                  (D) Support for a child's transition to 
                elementary school, between elementary school to 
                middle school, from middle school to high 
                school, and from high school into and through 
                college and into the workforce.
                  (E) Parent, family, and community engagement.
                  (F) Parent, family, and student supports.
                  (G) Activities that support college and 
                career readiness, including coordination 
                between such activities, such as--
                          (i) assistance with college 
                        admissions, financial aid, and 
                        scholarship applications, especially 
                        for low-income and low-achieving 
                        students; and
                          (ii) career preparation services and 
                        supports and wrap around services.

           Subpart 1--Promise Neighborhood Partnership Grants

SEC. 4611. PROGRAM AUTHORIZED.

  (a) In General.--
          (1) Program authorized.--From amounts appropriated to 
        carry out this subpart, the Secretary shall award 
        grants, on a competitive basis, to eligible entities to 
        implement a comprehensive, evidence-based continuum of 
        coordinated services and supports that engages 
        community partners to improve academic achievement, 
        student development, and college and career readiness, 
        measured by common outcomes, by carrying out the 
        activities described in section 4614 in neighborhoods 
        with high concentrations of low-income individuals and 
        persistently low-achieving schools or schools with an 
        achievement gap.
          (2) Sufficient size and scope.--Each grant awarded 
        under this subpart shall be of sufficient size and 
        scope to allow the eligible entity to carry out the 
        purpose of this part.
  (b) Duration.--Grants awarded under this subpart shall be for 
a period of not more than 5 years and may be renewed for not 
more than 1 additional grant period.
  (c) Continued Funding.--Continued funding after the third 
year of the grant period shall be contingent on the eligible 
entity's progress toward meeting the performance metrics 
described in section 4616(a).
  (d) Matching Requirement.--Each eligible entity receiving a 
grant under this subpart shall contribute matching funds in an 
amount equal to not less than 100 percent of the amount of the 
grant. Such matching funds shall come from non-Federal sources. 
The Secretary shall require that a portion of such matching 
funds come from private sources.
  (e) Financial Hardship Waiver.--The Secretary may waive or 
reduce, on a case-by-case basis, the matching requirement 
described in subsection (d), for a period of 1 year at a time, 
if the eligible entity demonstrates significant financial 
hardship.

SEC. 4612. ELIGIBLE ENTITIES.

  In this subpart, the term ``eligible entity'' means not less 
than 1 nonprofit entity in partnership with not less than 1 
high-need local educational agency. Such partnership may also 
include any of the following entities:
          (1) A charter school funded by the Bureau of Indian 
        Education that is not a local educational agency, 
        except that such school shall not be the fiscal agent 
        for the eligible entity partnership.
          (2) An institution of higher education, as defined in 
        section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
          (3) The office of a chief elected official of a unit 
        of local government.
          (4) An Indian tribe or tribal organization, as 
        defined under section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b).

SEC. 4613. APPLICATION REQUIREMENTS.

  (a) In General.--To be eligible to receive a grant under this 
subpart, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
  (b) Contents of Application.--At a minimum, an application 
described in subsection (a) shall include the following:
          (1) A plan to significantly improve the academic 
        outcomes of children living in a neighborhood that is 
        served by the eligible entity, by providing a continuum 
        of services and supports that addresses the needs of 
        children in the neighborhood, as identified by the 
        needs analysis described in paragraph (4) and supported 
        by evidence-based practices.
          (2) A description of the neighborhood that the 
        eligible entity will serve.
          (3) Measurable annual goals for the outcomes of the 
        grant, including--
                  (A) performance goals, in accordance with the 
                metrics described in section 4616(a), for each 
                year of the grant; and
                  (B) projected participation rates and any 
                plans to expand the number of children served 
                or the neighborhood proposed to be served by 
                the grant program.
          (4) An analysis of the needs and assets of the 
        neighborhood identified in paragraph (2), including--
                  (A) a description of the process through 
                which the needs analysis was produced, 
                including a description of how parents, family, 
                and community members were engaged in such 
                analysis;
                  (B) an analysis of community assets, 
                including programs already provided from 
                Federal and non-Federal sources, within, or 
                accessible to, the neighborhood, including, at 
                a minimum--
                          (i) early learning programs, 
                        including high-quality child care, 
                        Early Head Start programs, Head Start 
                        programs, and prekindergarten programs;
                          (ii) the availability of healthy food 
                        options and opportunities for physical 
                        activity;
                          (iii) existing family and student 
                        supports;
                          (iv) locally owned businesses and 
                        employers; and
                          (v) institutions of higher education;
                  (C) evidence of successful collaboration 
                within the neighborhood;
                  (D) the steps that the eligible entity is 
                taking, at the time of the application, to 
                address the needs identified in the needs 
                analysis; and
                  (E) any barriers the eligible entity, public 
                agencies, and other community-based 
                organizations have faced in meeting such needs.
          (5) A description of the data used to identify the 
        pipeline services to be provided, including data 
        regarding--
                  (A) school readiness;
                  (B) academic achievement and college and 
                career readiness;
                  (C) graduation rates;
                  (D) health indicators;
                  (E) college enrollment, persistence, and 
                completion rates, as available; and
                  (F) conditions for learning, including school 
                climate surveys, discipline rates, and student 
                attendance and incident data.
          (6) A description of the process used to develop the 
        application, including the involvement of family and 
        community members.
          (7) An estimate of--
                  (A) the number of children, by age, who will 
                be served by each pipeline service; and
                  (B) for each age group, the percentage of 
                children (of such age group), within the 
                neighborhood, who the eligible entity proposes 
                to serve, disaggregated by each service, and 
                the goals for increasing such percentage over 
                time.
          (8) A description of how the pipeline services will 
        facilitate the coordination of the following 
        activities:
                  (A) Providing high-quality early learning 
                opportunities for children, beginning 
                prenatally and extending through grade 3, by--
                          (i) supporting high-quality early 
                        learning opportunities that provide 
                        children with access to programs that 
                        support the cognitive and developmental 
                        skills, including social and emotional 
                        skills, needed for success in 
                        elementary school;
                          (ii) providing for opportunities, 
                        through parenting classes, baby 
                        academies, home visits, or other 
                        evidence-based strategies, for families 
                        and expectant parents to--
                                  (I) acquire the skills to 
                                promote early learning, 
                                development, and health and 
                                safety, including learning 
                                about child development and 
                                positive discipline strategies 
                                (such as through the use of 
                                technology and public media 
                                programming);
                                  (II) learn about the role of 
                                families and expectant parents 
                                in their child's education; and
                                  (III) become informed about 
                                educational opportunities for 
                                their children, including 
                                differences in quality among 
                                early learning opportunities;
                          (iii) ensuring successful transitions 
                        between early learning programs and 
                        elementary school, including through 
                        the establishment of memoranda of 
                        understanding between early learning 
                        providers and local educational 
                        agencies serving young children and 
                        families;
                          (iv) ensuring appropriate screening, 
                        diagnostic assessments, and referrals 
                        for children with disabilities, 
                        developmental delays, or other special 
                        needs, consistent with the Individuals 
                        with Disabilities Education Act (20 
                        U.S.C. 1400 et seq.), where applicable;
                          (v) improving the early learning 
                        workforce in the community, including 
                        through--
                                  (I) investments in the 
                                recruitment, retention, 
                                distribution, and support of 
                                high-quality professionals, 
                                especially those with 
                                certification and experience in 
                                child development;
                                  (II) the provision of high-
                                quality teacher preparation and 
                                professional development; or
                                  (III) the use of joint 
                                professional development for 
                                early learning providers and 
                                elementary school teachers and 
                                administrators; and
                          (vi) enhancing data systems and data 
                        sharing among the eligible entity, 
                        partners, early learning providers, 
                        schools, and local educational agencies 
                        operating in the neighborhood.
                  (B) Supporting, enhancing, operating, or 
                expanding rigorous and comprehensive education 
                reforms designed to significantly improve 
                educational outcomes for children and youth in 
                early learning programs through grade 12, which 
                may include--
                          (i) operating schools or working in 
                        close collaboration with local schools 
                        to provide high-quality academic 
                        programs, curricula, and integrated 
                        student supports;
                          (ii) providing expanded learning 
                        time; and
                          (iii) providing programs and 
                        activities that ensure that students--
                                  (I) are prepared for the 
                                college admissions, 
                                scholarship, and financial aid 
                                application processes; and
                                  (II) graduate college and 
                                career ready.
                  (C) Supporting access to a healthy lifestyle, 
                which may include--
                          (i) the provision of high-quality and 
                        nutritious meals;
                          (ii) access to programs that promote 
                        physical activity, physical education, 
                        and fitness; and
                          (iii) education to promote a healthy 
                        lifestyle and positive body image.
                  (D) Providing social, health, and mental 
                health services and supports, including 
                referrals for essential care and preventative 
                screenings, for children, family, and community 
                members, which may include--
                          (i) dental services;
                          (ii) vision care; and
                          (iii) speech, language, and auditory 
                        screenings and referrals.
                  (E) Supporting students and family members as 
                the students transition from early learning 
                programs into elementary school, from 
                elementary school to middle school, from middle 
                school to high school, from high school into 
                and through college and into the workforce, 
                including through evidence-based strategies to 
                address challenges that students may face as 
                they transition, such as the following:
                          (i) Early college high schools.
                          (ii) Dual enrollment programs.
                          (iii) Career academies.
                          (iv) Counseling and support services.
                          (v) Dropout prevention and recovery 
                        strategies.
                          (vi) Collaboration with the juvenile 
                        justice system and reentry counseling 
                        for adjudicated youth.
                          (vii) Advanced Placement or 
                        International Baccalaureate courses.
                          (viii) Teen parent classrooms.
                          (ix) Graduation and career coaches.
          (9) A description of the strategies that will be used 
        to provide pipeline services (including a description 
        of the process used to identify such strategies and the 
        outcomes expected and a description of which programs 
        and services will be provided to children, family 
        members, community members, and children not attending 
        schools or programs operated by the eligible entity or 
        its partner providers) to support the purpose of this 
        part.
          (10) An explanation of the process the eligible 
        entity will use to establish and maintain family and 
        community engagement.
          (11) An explanation of how the eligible entity will 
        continuously evaluate and improve the continuum of 
        high-quality pipeline services, including--
                  (A) a description of the metrics, consistent 
                with section 4616(a), that will be used to 
                inform each component of the pipeline; and
                  (B) the processes for using data to improve 
                instruction, optimize integrated student 
                supports, provide for continuous program 
                improvement, and hold staff and partner 
                organizations accountable.
          (12) An identification of the fiscal agent, which may 
        be any entity described in section 4612 (not including 
        paragraph (1) of such section).
          (13) A list of the non-Federal sources of funding 
        that the eligible entity will secure to comply with the 
        matching funds requirement described in section 
        4611(d), in addition to other programs from which the 
        eligible entity has already secured funding, including 
        those funded by the Department or programs in the 
        Department of Health and Human Services, the Department 
        of Housing and Urban Development, the Department of 
        Justice, or the Department of Labor.
  (c) Memorandum of Understanding.--An eligible entity, as part 
of the application described in this section, shall submit a 
preliminary memorandum of understanding, signed by each partner 
entity or agency. The preliminary memorandum of understanding 
shall describe, at a minimum--
          (1) each partner's financial and programmatic 
        commitment with respect to the strategies described in 
        the application, including an identification of the 
        fiscal agent;
          (2) each partner's long-term commitment to providing 
        pipeline services that, at a minimum, accounts for the 
        cost of supporting the continuum of supports and 
        services (including a plan for how to support services 
        and activities after grant funds are no longer 
        available) and potential changes in local government;
          (3) each partner's mission and the plan that will 
        govern the work that the partners do together;
          (4) each partner's long-term commitment to supporting 
        the continuum of supports and services through data 
        collection, monitoring, reporting, and sharing; and
          (5) each partner's commitment to ensure sound fiscal 
        management and controls, including evidence of a system 
        of supports and personnel.

SEC. 4614. USE OF FUNDS.

  (a) In General.--Each eligible entity that receives a grant 
under this subpart shall use the grant funds to--
          (1) implement the pipeline services, as described in 
        the application under section 4613; and
          (2) continuously evaluate the success of the program 
        and improve the program based on data and outcomes.
  (b) Special Rules.--
          (1) Funds for pipeline services.--Each eligible 
        entity that receives a grant under this subpart shall, 
        in the second year of the grant and each subsequent 
        year, including each year of a renewal grant, use not 
        less than 80 percent of grant funds to carry out the 
        activities described in subsection (a)(1).
          (2) Operational flexibility.--Each eligible entity 
        that operates a school in a neighborhood served by a 
        grant program under this subpart shall provide such 
        school with the operational flexibility, including 
        autonomy over staff, time, and budget, needed to 
        effectively carry out the activities described in the 
        application under section 4613.

SEC. 4615. REPORT AND PUBLICLY AVAILABLE DATA.

  (a) Report.--Each eligible entity that receives a grant under 
this subpart shall prepare and submit an annual report to the 
Secretary, which shall include--
          (1) information about the number and percentage of 
        children in the neighborhood who are served by the 
        grant program, including a description of the number 
        and percentage of children accessing each of the 
        pipeline services;
          (2) data (disaggregated by the categories described 
        in section 1111(a)(2)(B)(ix)) about the grant program's 
        success in--
                  (A) narrowing achievement gaps and improving 
                student achievement;
                  (B) ensuring school readiness and healthy 
                socio-emotional development;
                  (C) increasing student persistence;
                  (D) increasing student attendance, and 
                decreasing incidences of violence, suspension, 
                and expulsion;
                  (E) improving conditions for learning, as 
                measured by a school climate survey; and
                  (F) increasing secondary school graduation 
                rates and college entry;
          (3) information relating to the performance metrics 
        described in section 4616(a); and
          (4) other indicators that may be required by the 
        Secretary, in consultation with the Director of the 
        Institute of Education Sciences.
  (b) Publicly Available Data.--Each eligible entity that 
receives a grant under this subpart shall make publicly 
available, including through electronic means, the information 
described in subsection (a). To the extent practicable, such 
information shall be provided in a form and language accessible 
to parents and families in the neighborhood, and such 
information shall be a part of statewide longitudinal data 
systems.

SEC. 4616. ACCOUNTABILITY.

  (a) Performance Metrics.--The Secretary shall establish 
performance metrics relevant to the evaluation of the grant 
program under this subpart.
  (b) Evaluation.--The Secretary shall evaluate the 
implementation and impact of the activities funded under this 
subpart, in accordance with section 9601.

                    Subpart 2--Promise School Grants

SEC. 4621. PROGRAM AUTHORIZED.

  (a) In General.--
          (1) Program authorized.--From amounts appropriated to 
        carry out this subpart, the Secretary shall award 
        grants, on a competitive basis, to eligible entities to 
        implement school-centered, evidence-based strategies 
        and integrated student supports that leverage community 
        partnerships to improve student achievement and child 
        and youth development by carrying out the activities 
        described in section 4624 in schools with high 
        concentrations of low-income children.
          (2) Sufficient size and scope.--Each grant awarded 
        under this subpart shall be of sufficient size and 
        scope to allow the eligible entity to carry out the 
        purpose of this part.
  (b) General Provisions.--The requirements of subsections (b), 
(c), (d), and (e) of section 4611 and section 4614(b) shall 
apply to a grant under this subpart in the same manner as such 
subsections apply to a grant under subpart 1, except that the 
performance metrics used for section 4611(c) shall be the 
metrics under section 4626(a).

SEC. 4622. DEFINITION OF ELIGIBLE ENTITY.

  In this subpart, the term ``eligible entity'' means--
          (1) not less than 1 high-need local educational 
        agency (including a charter school that is a local 
        educational agency) in partnership with 1 or more 
        nonprofit entities or institutions of higher education; 
        or
          (2) a school funded by the Bureau of Indian Education 
        that falls under the definition of a local educational 
        agency in partnership with 1 or more nonprofit entities 
        or institutions of higher education.

SEC. 4623. APPLICATION REQUIREMENTS; PRIORITY.

  (a) In General.--To be eligible to receive a grant under this 
subpart, an eligible entity shall submit an application to the 
Secretary at such time, in such manner, and containing such 
information as the Secretary may require.
  (b) Contents of Application.--At a minimum, the application 
described in subsection (a) shall include the following:
          (1) A description of the local educational agency, 
        schools, and students that will be served by the 
        subgrant program.
          (2) A description of the steps that the eligible 
        entity is taking--
                  (A) to meet the needs identified in the 
                analysis described in paragraph (4); and
                  (B) to remove any barriers that the eligible 
                entity has identified in meeting such needs.
          (3) The designation of a site coordinator, with 
        appropriate qualifications and appropriate time, 
        autonomy, and support to provide--
                  (A) leadership in building relationships and 
                establishing and sustaining partnerships that 
                support school improvement, school turnaround 
                efforts in accordance with section 1116(c), 
                increases in student achievement, positive 
                child and youth development, and parent, 
                family, and community engagement; and
                  (B) effective coordination of student 
                services at all stages of the continuum of 
                high-quality pipeline services.
          (4) An analysis of the needs and assets of the 
        schools and communities that will be assisted under 
        this subpart. Such analysis shall include--
                  (A) student data, including information 
                about--
                          (i) school readiness;
                          (ii) academic achievement;
                          (iii) credit accumulation;
                          (iv) grade-to-grade promotion;
                          (v) graduation;
                          (vi) attendance; and
                          (vii) discipline; and
                  (B) information about the assets described in 
                section 4613(b)(4)(B) with respect to such 
                schools and communities.
          (5) An explanation of how the eligible entity and its 
        program partners will use evidence-based practice, 
        data, and research to leverage partnerships to 
        implement integrated student supports and wraparound 
        services to--
                  (A) address the needs identified in paragraph 
                (4);
                  (B) encourage parents, family members, and 
                community members to--
                          (i) participate in the education of 
                        their children and become an integral 
                        part of the school culture, school 
                        improvement, and decisionmaking; and
                          (ii) promote strategies that include 
                        the educational and financial literacy 
                        information that is necessary to 
                        increase access to, and success in, 
                        postsecondary education;
                  (C) enable teachers and administrators, 
                including early learning providers, to 
                complement and enrich efforts to help 
                children--
                          (i) achieve learning gains;
                          (ii) prepare for graduation; and
                          (iii) plan for the future, including 
                        preparing for college and careers; and
                  (D) coordinate and leverage other programs 
                that serve children, the schools served by the 
                grant, and the neighborhood.
          (6) An explanation of the extent to which the 
        eligible entity and its program partners will serve or 
        involve children residing in the neighborhood 
        regardless of whether such children attend a school 
        served by the grant (including by, as appropriate, 
        providing high-quality early learning opportunities for 
        children, beginning at birth and extending through 
        grade 3) by--
                  (A) carrying out the activities described in 
                section 4613(b)(8)(A), as appropriate; and
                  (B) carrying out the activities described in 
                subparagraphs (B) through (E) of section 
                4613(b)(8).
          (7) A description of the capacity of the eligible 
        entity for measuring student outcomes and school-
        specific outcomes.
          (8) A description of how the strategies supported 
        with funds under this subpart will be--
                  (A) coordinated with other programs and 
                strategies carried out by the local educational 
                agency; and
                  (B) to the greatest extent practicable, 
                coordinated with other agencies, such as 
                agencies that provide reentry services to 
                adjudicated youth.
          (9) A description of the strategy the eligible entity 
        will use to--
                  (A) support family and community engagement; 
                and
                  (B) make schools the centers of their 
                respective communities.
          (10) A list of the non-Federal sources of funding 
        that the eligible entity will secure to comply with the 
        matching funds requirement described in section 
        4611(d), in addition to other programs the eligible 
        entity has already secured funding from, including 
        those funded by the Department, or programs in the 
        Department of Health and Human Services, the Department 
        of Housing and Urban Development, the Department of 
        Justice, or the Department of Labor.
  (c) Memorandum of Understanding.--An eligible entity, as part 
of the application described in this section, shall submit a 
preliminary memorandum of understanding that meets the 
requirements of section 4613(c).
  (d) Priority.--In awarding grants under this subpart, the 
Secretary shall give priority to applicants that--
          (1) propose to provide a continuum of high-quality 
        education and student support services for children 
        beginning in prekindergarten and extending through high 
        school graduation;
          (2) propose to include significant investments in 
        high-quality early learning programs, consistent with 
        subsection (b)(6)(A); and
          (3) provide schools served by the grant with the 
        operational flexibility, including autonomy over staff, 
        time, and budget, needed to effectively carry out the 
        activities described in the application under this 
        section.

SEC. 4624. USE OF FUNDS.

  Each eligible entity that receives a grant under this subpart 
shall use the grant funds to--
          (1) implement the activities described in the 
        application under section 4623; and
          (2) continuously evaluate the success of the grant 
        program and improve the grant program based on data and 
        outcomes.

SEC. 4625. REPORT AND PUBLICLY AVAILABLE DATA.

  (a) Report.--Each eligible entity that receives a grant under 
this subpart shall prepare and submit an annual report to the 
Secretary, which shall include--
          (1) information about the number and percentage of 
        children served by the grant program, disaggregated the 
        subgroups described in section 1111(b)(2)(B)(ix);
          (2) data about the grant program's success in--
                  (A) narrowing achievement gaps;
                  (B) ensuring school readiness and healthy 
                socio-emotional development;
                  (C) improving academic achievement;
                  (D) increasing student persistence in 
                elementary school and secondary school;
                  (E) increasing on-time secondary school 
                graduation rates and college entry; and
                  (F) increasing student attendance and 
                decreasing incidents of violence, suspension, 
                and expulsion; and
          (3) other indicators that may be required by the 
        Secretary, in consultation with the Director of the 
        Institute of Education Sciences.
  (b) Publicly Available Data.--Each eligible entity that 
receives a grant under this subpart shall make publicly 
available, including through electronic means, the information 
described in subsection (a). To the extent practicable, such 
information shall be provided in a form and language accessible 
to parents and families in the neighborhood.

SEC. 4626. ACCOUNTABILITY.

  (a) Performance Metrics.--The Secretary shall establish 
performance metrics relevant to the evaluation of the grant 
program under this subpart.
  (b) Evaluation.--The Secretary shall evaluate the 
implementation and impact of the activities funded under this 
subpart, in accordance with section 9601.

                     Subpart 3--General Provisions

SEC. 4631. NATIONAL ACTIVITIES.

  From the amounts appropriated to carry out this part for a 
fiscal year, in addition to the amounts that may be reserved in 
accordance with section 9601, the Secretary may reserve not 
more than 5 percent for national activities, which may 
include--
          (1) research on the activities carried out under 
        subparts 1 and 2;
          (2) identification and dissemination of best 
        practices;
          (3) technical assistance;
          (4) professional development; and
          (5) other activities consistent with the purpose of 
        this part.

       PART G--PARENT AND FAMILY INFORMATION AND RESOURCE CENTERS

SEC. 4701. PURPOSE.

  The purpose of this part is to increase and enhance parent 
and family engagement in education by--
          (1) providing support and technical assistance to 
        State educational agencies;
          (2) supporting a community of practice related to 
        effective parent and family engagement strategies and 
        practices; and
          (3) as appropriate, providing information and 
        training to local educational agencies, schools, 
        parents and families, and community members.

SEC. 4702. DEFINITION OF ELIGIBLE ENTITY.

  In this part, the term ``eligible entity'' means--
          (1) a nonprofit organization (including a statewide 
        nonprofit organization); or
          (2) a consortium consisting of a nonprofit 
        organization (including a statewide nonprofit 
        organization) and a State educational agency or local 
        educational agency.

SEC. 4703. GRANTS AUTHORIZED.

  (a) Parent and Family Information and Resource Centers.--The 
Secretary is authorized to award grants, on a competitive 
basis, to eligible entities to enable such eligible entities to 
operate State parent and family information and resource 
centers that--
          (1) assist the State educational agency in 
        identifying, implementing, and replicating effective 
        evidence-based parent, family, and community engagement 
        strategies, including assisting the State educational 
        agency in carrying out parent and family engagement 
        strategies that are funded under section 1118 and other 
        provisions of this Act;
          (2) provide technical assistance, training, 
        information, and support, as appropriate (including 
        support in turning around schools), to, at a minimum, 
        high-need schools and schools that are served by high-
        need local educational agencies; and
          (3) strengthen partnerships among parents, family 
        members, community-based organizations (including 
        faith-based organizations), schools, local educational 
        agencies, employers, and other appropriate community 
        members who are committed to improving and enhancing 
        parent, family, and community engagement in order to 
        improve student achievement and support positive child 
        development.
  (b) Duration.--Grants awarded under this part shall be for a 
period of 5 years.
  (c) Geographic Distribution.--In awarding grants under this 
part, the Secretary shall ensure that not less than 1 grant is 
awarded to an eligible entity in each State.
  (d) Priority.--In awarding grants under this part, the 
Secretary shall give priority to applications from eligible 
entities that have a demonstrated record of effectiveness in 
increasing and enhancing the engagement of parents and families 
whose children attend a high-need school or a school that is 
served by a high-need local educational agency.

SEC. 4704. APPLICATIONS.

  (a) Submission.--Each eligible entity that desires a grant 
under this part shall submit an application to the Secretary at 
such time, in such manner, and accompanied by such information 
as the Secretary may require.
  (b) Assurances.--Each application submitted under subsection 
(a) shall include, at a minimum, an assurance that the eligible 
entity will--
          (1)(A) be governed by a board of directors, of which 
        not less than 50 percent is comprised of members who 
        are--
                  (i) parents or family members of school-aged 
                children in the State that the eligible entity 
                serves, including educationally and 
                economically disadvantaged parents; and
                  (ii) community stakeholders who are committed 
                to improving schools and increasing parent and 
                family engagement; or
          (B) be an organization or consortium that represents 
        the interests of parents and family members of school-
        aged children;
          (2) use not less than 75 percent of the funds 
        received under this part for each fiscal year to serve 
        areas with a demonstrated high concentration of low-
        income families;
          (3) reserve not less than 20 percent of the funds 
        received under this part for each fiscal year to 
        establish, expand, or operate parent education programs 
        for parents whose children attend early childhood 
        education and care programs;
          (4) operate a parent and family information and 
        resource center of sufficient size, scope, and quality 
        to effectively carry out the purpose of this part;
          (5) ensure that parents and family members, including 
        economically disadvantaged parents and family members 
        with children who attend high-need schools or schools 
        that are served by high-need local educational 
        agencies, have access to leadership development 
        training and other evidence-based strategies that 
        provide the skills and resources parents and family 
        members need to support school improvement, increase 
        student achievement, and promote positive student 
        development; and
          (6) demonstrate to the Secretary that a portion of 
        the services provided by the eligible entity under the 
        grant is supported through non-Federal contributions, 
        which contributions may be in cash or in-kind.
  (c) Contents.--In addition to the requirements described in 
subsection (b), each application submitted under subsection (a) 
shall, at a minimum--
          (1) describe how the eligible entity will serve both 
        urban and rural areas throughout the State that is 
        served by the eligible entity;
          (2) demonstrate the eligible entity's record of 
        effectiveness in carrying out parent and family 
        engagement activities, including the provision of high-
        quality technical assistance to State educational 
        agencies and local educational agencies;
          (3) describe the process through which the eligible 
        entity will--
                  (A) leverage relationships with, and collect 
                and exchange information among, partners; and
                  (B) disseminate information about evidence-
                based best practices to support parent and 
                family engagement strategies;
          (4) describe the eligible entity's strategy for 
        serving parents and family members of children in the 
        area served by the eligible entity, including parents 
        and family members of students who are served by high-
        need local educational agencies;
          (5) describe how the eligible entity will assist the 
        State educational agency in effectively supporting 
        high-need local educational agencies in--
                  (A) increasing parent and family member 
                understanding of, and opportunities to develop 
                the knowledge and skills to engage as full 
                partners in, supporting academic achievement, 
                child development, and school improvement; and
                  (B) employing evidence-based strategies to--
                          (i) increase the participation of 
                        economically disadvantaged and English 
                        learner parents and family members in 
                        school activities; and
                          (ii) improve parent and family 
                        engagement strategies in low-performing 
                        schools served by high-need local 
                        educational agencies; and
          (6) identify the Federal, State, and local services 
        and programs that prepare children to be ready for 
        institutions of higher education and careers with which 
        the eligible entity will coordinate, including--
                  (A) programs supported under this Act;
                  (B) violence prevention programs;
                  (C) programs that serve at-risk or out-of-
                school youth;
                  (D) nutrition programs;
                  (E) housing programs;
                  (F) Head Start and other early childhood care 
                and education programs;
                  (G) adult education and literacy activities 
                (as defined in section 203 of the Adult 
                Education and Family Literacy Act); and
                  (H) workforce development programs.

SEC. 4705. USES OF FUNDS.

  (a) Required Activities.--Each eligible entity that receives 
a grant under this part shall use such grant funds to provide 
services to parents, family members, educators, and community 
members and to assist State educational agencies, local 
educational agencies, and, where applicable, districtwide 
parent advisory committees in supporting parent and family 
engagement in education by carrying out the following 
activities:
          (1) Providing technical assistance to State 
        educational agencies in--
                  (A) reviewing and responding to local parent 
                and family engagement plans described in 
                section 1118(a) (including, at a minimum, such 
                plans submitted by high-need local educational 
                agencies) in order to support evidence-based 
                strategies and best practices in parent and 
                family engagement;
                  (B) the implementation of Federal and State 
                laws, regulations, and guidance relating to 
                parent and family engagement;
                  (C) the implementation or replication of 
                statewide evidence-based programs and 
                strategies, especially for parents who are 
                educationally and economically disadvantaged; 
                and
                  (D) applicable evaluation, reporting, and 
                accountability processes.
          (2) Obtaining and disseminating information about the 
        range of options, programs, services, and resources 
        (including curricula) that are available at the 
        national level, the State level, and the local level to 
        assist school and local educational agency personnel in 
        implementing evidence-based parent and family 
        engagement strategies.
          (3) Coordinating parent and family engagement 
        strategies with relevant Federal, State, and local 
        services and programs.
          (4) Working with individuals and organizations with 
        expertise in identifying and implementing evidence-
        based practices to improve parent and family 
        engagement.
          (5) Coordinating and integrating early care and 
        education programs with school-age programs, especially 
        those programs focusing on supporting the transition of 
        young children into kindergarten through grade 3, such 
        as by increasing awareness of school readiness 
        expectations among family and community members.
          (6) Implementing parent institutes or other 
        leadership development strategies to ensure that 
        parents and family members have the skills and 
        resources needed to understand student and school data 
        in order to make decisions, effectively communicate 
        with school officials and educators, support school 
        improvement, and increase student achievement.
  (b) Permissive Activities.--In addition to the activities 
required under subsection (a), each eligible entity that 
receives a grant under this part may use such grant funds to 
carry out the following activities:
          (1) Assisting parents and family members in the State 
        to participate effectively in their children's 
        education through the provision of direct services to 
        parents and family members.
          (2) Developing and disseminating templates for 
        schools and local educational agencies to use to 
        provide information about curricula, academic 
        expectations, academic assessments, and the results of 
        academic assessments to family members in a manner and 
        a language that such family members can understand.
          (3) Providing training, information, and support to 
        organizations that support partnerships among schools, 
        parents, family members, and districtwide parent 
        advisory committees, as applicable.
          (4) Providing professional development to school and 
        local educational agency staff (which may be provided 
        jointly to educators and family members) to assist 
        school and agency staff in developing and implementing 
        strategies to increase and strengthen ongoing 
        communication with parents and family members, 
        including professional development opportunities that 
        prepare teachers to have more focused, goal-oriented, 
        and reciprocal parent-teacher conferences.

SEC. 4706. ADMINISTRATIVE PROVISIONS.

  (a) Matching Funds for Grant Renewal.--For each fiscal year 
after the first fiscal year for which an eligible entity 
receives assistance under this part, the eligible entity shall 
demonstrate that a portion of the services provided by the 
eligible entity is supported through non-Federal contributions, 
which contributions may be in cash or in-kind.
  (b) Performance Accountability.--
          (1) Performance indicators.--Each eligible entity 
        receiving a grant under this part shall submit to the 
        Secretary an annual report regarding the parent and 
        family information and resource centers assisted under 
        this part. Such report shall be made publicly 
        available, including through electronic means, and 
        shall include, at a minimum, a description of how each 
        parent and family information and resource center has 
        performed with respect to the following indicators:
                  (A) The number of local educational agencies 
                or other entities that received assistance or 
                support in the previous academic year.
                  (B) The number of parents and family members 
                whose children participated in the previous 
                academic year in programs, activities, or 
                strategies supported by the parent and family 
                information and resource center, and--
                          (i) the number of such parents whose 
                        children are eligible to be counted 
                        under section 1124(c)(1)(A);
                          (ii) the number of such parents whose 
                        children are English learners; and
                          (iii) the number of such parents who 
                        are parents of children with 
                        disabilities.
                  (C) The outcomes directly attributable to the 
                provision of assistance or support provided by 
                the parent and family information and resource 
                center, such as increased parent and family 
                member participation in school planning 
                activities, parent-teacher conferences, or the 
                local educational agency budgeting process.
                  (D) Other evidence-based indicators that the 
                Secretary may reasonably require.
          (2) Performance goals.--
                  (A) In general.--Each eligible entity that is 
                awarded a grant under this part shall 
                establish, in consultation with the Secretary, 
                annual performance goals for each of the 
                indicators described in paragraph (1). Such 
                performance goals shall be made publicly 
                available, including through electronic means.
                  (B) Termination.--If an eligible entity 
                receiving grant funds under this part does not 
                meet the performance goals established under 
                this paragraph for 2 consecutive years, after 
                the provision of technical assistance in the 
                second consecutive year, the Secretary shall 
                terminate the grant and conduct a new 
                competition for the grant.
                  (C) Loss of eligibility.--If an eligible 
                entity has received a grant under this part and 
                such grant has been terminated in accordance 
                with subparagraph (B), the eligible entity 
                shall not be eligible to participate in future 
                grant competitions, or receive grant funds, 
                under this part.
          (3) Technical assistance.--The Secretary shall 
        provide technical assistance to each eligible entity 
        receiving a grant under this part that does not meet 
        the performance goals established under paragraph (2).
  (c) Report to Congress.--The Secretary shall prepare and 
submit an annual report to the authorizing committees, which 
shall--
          (1) include the information that each eligible entity 
        submits to the Secretary in accordance with subsection 
        (b)(1);
          (2) summarize and synthesize the best practices 
        collected by the parent and family information and 
        resource centers for increasing and improving parent, 
        family, and community engagement; and
          (3) be made available to the public (including 
        through electronic means).
  (d) Rule of Construction.--Nothing in this part shall be 
construed to prohibit a parent and family information and 
resource center from--
          (1) allowing its employees or agents to meet with 
        family members at a site that is not on school grounds; 
        or
          (2) working with another public or nonprofit agency 
        that serves children.
  (e) Parental Rights.--Notwithstanding any other provision of 
this part--
          (1) no individual (including a parent who educates a 
        child at home, parent of a public school student, or 
        parent of a private school student) shall be required 
        to participate in any program of parent or family 
        education or developmental screening under this part; 
        and
          (2) a program or center assisted under this part 
        shall not take any action that infringes in any manner 
        on the right of a parent to direct the education of 
        such parent's child.

      [Subpart 3--Ready-to-Learn Television]PART H_READY TO LEARN

SEC. [2431]4801. [READY-TO-LEARN TELEVISION.]READY-TO-LEARN.

  (a) Program Authorized.--
          (1) In general.--The Secretary is authorized to award 
        grants to, or enter into contracts or cooperative 
        agreements with, eligible entities described in 
        paragraph (3) to enable such entities--
                  (A) to develop, produce, and distribute 
                educational and instructional video programming 
                for preschool and elementary school children 
                and their parents in order to facilitate 
                student academic achievement;
                  (B) to facilitate the development, directly 
                or through contracts with producers of children 
                and family educational television programming, 
                of educational programming for preschool and 
                elementary school children, and the 
                accompanying support materials and services 
                that promote the effective use of such 
                programming;
                  (C) to facilitate the development of 
                programming and digital content containing 
                Ready-to-Learn-based children's programming and 
                resources for parents and caregivers that is 
                specially designed for nationwide distribution 
                over public television stations' digital 
                broadcasting channels and the Internet;
                  (D) to contract with entities (such as public 
                telecommunications entities) so that programs 
                developed under this section are disseminated 
                and distributed to the widest possible audience 
                appropriate to be served by the programming, 
                and through the use of the most appropriate 
                distribution technologies; and
                  (E) to develop and disseminate education and 
                training materials, including interactive 
                programs and programs adaptable to distance 
                learning technologies, that are designed--
                          (i) to promote school readiness; and
                          (ii) to promote the effective use of 
                        materials developed under subparagraphs 
                        (B) and (C) among parents, teachers, 
                        Head Start providers, [Even Start 
                        providers,]providers of [family 
                        literacy services]family literacy 
                        activities, child care providers, early 
                        childhood development personnel, 
                        elementary school teachers, public 
                        libraries, and after-school program 
                        personnel caring for preschool and 
                        elementary school children.
          (2) Availability.--In awarding grants, contracts, or 
        cooperative agreements under this section, the 
        Secretary shall ensure that eligible entities make 
        programming widely available, with support materials as 
        appropriate, to young children, parents, child care 
        workers, Head Start providers, [Even Start 
        providers,]and providers of [family literacy 
        services]family literacy activities to increase the 
        effective use of such programming.
          (3) Eligible entities.--To be eligible to receive a 
        grant, contract, or cooperative agreements under this 
        section, an entity shall be a public telecommunications 
        entity that is able to demonstrate each of the 
        following:
                  (A) A capacity for the development and 
                national distribution of educational and 
                instructional television programming of high 
                quality that is accessible by a large majority 
                of disadvantaged preschool and elementary 
                school children.
                  (B) A capacity to contract with the producers 
                of children's television programming for the 
                purpose of developing educational television 
                programming of high quality.
                  (C) A capacity, consistent with the entity's 
                mission and nonprofit nature, to negotiate such 
                contracts in a manner that returns to the 
                entity an appropriate share of any ancillary 
                income from sales of any program-related 
                products.
                  (D) A capacity to localize programming and 
                materials to meet specific State and local 
                needs and to provide educational outreach at 
                the local level.
          (4) Coordination of activities.--An entity receiving 
        a grant, contract, or cooperative agreement under this 
        section shall consult with the Secretary and the 
        Secretary of Health and Human Services--
                  (A) to maximize the utilization of quality 
                educational programming by preschool and 
                elementary school children, and make such 
                programming widely available to federally 
                funded programs serving such populations; and
                  (B) to coordinate activities with Federal 
                programs that have major training components 
                for early childhood development, including 
                programs under the Head Start Act (42 U.S.C. 
                9831 et seq.) and [Even Start, and]State 
                training activities funded under the Child Care 
                and Development Block Grant Act of 1990 (42 
                U.S.C. 9858 et seq.), regarding the 
                availability and utilization of materials 
                developed under paragraph (1)(E) to enhance 
                parent and child care provider skills in early 
                childhood development and education.
  (b) Applications.--To be eligible to receive a grant, 
contract, or cooperative agreement under subsection (a), an 
entity shall submit to the Secretary an application at such 
time, in such manner, and containing such information as the 
Secretary may reasonably require.
  (c) Reports and Evaluations.--
          (1) Annual report to the secretary.--An entity 
        receiving a grant, contract, or cooperative agreement 
        under this section shall prepare and submit to the 
        Secretary an annual report that contains such 
        information as the Secretary may require. At a minimum, 
        the report shall describe the program activities 
        undertaken with funds received under the grant, 
        contract, or cooperative agreement, including each of 
        the following:
                  (A) The programming that has been developed, 
                directly or indirectly, by the eligible entity, 
                and the target population of the programs 
                developed.
                  (B) The support and training materials that 
                have been developed to accompany the 
                programming, and the method by which the 
                materials are distributed to consumers and 
                users of the programming.
                  (C) The means by which programming developed 
                under this section has been distributed, 
                including the distance learning technologies 
                that have been utilized to make programming 
                available, and the geographic distribution 
                achieved through such technologies.
                  (D) The initiatives undertaken by the entity 
                to develop public-private partnerships to 
                secure non-Federal support for the development, 
                distribution, and broadcast of educational and 
                instructional programming.
          (2) Report to congress.--The Secretary shall prepare 
        and submit to the [relevant committees of 
        Congress]authorizing committees a biannual report that 
        includes the following:
                  (A) A summary of the activities assisted 
                under subsection (a).
                  (B) A description of the education and 
                training materials made available under 
                subsection (a)(1)(E), the manner in which 
                outreach has been conducted to inform parents 
                and child care providers of the availability of 
                such materials, and the manner in which such 
                materials have been distributed in accordance 
                with such subsection.
  (d) Administrative Costs.--An entity that receives a grant, 
contract, or cooperative agreement under this section may use 
up to 5 percent of the amount received under the grant, 
contract, or agreement for the normal and customary expenses of 
administering the grant, contract, or agreement.
  [(e) 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 for each of the 
        5 succeeding fiscal years.
          [(2) Funding rule.--Not less than 60 percent of the 
        amount appropriated under paragraph (1) for each fiscal 
        year shall be used to carry out activities under 
        subparagraphs (B) through (D) of subsection (a)(1).]
  (e) Funding Rule.--Not less than 60 percent of the amount 
appropriated to carry out this section for each fiscal year 
shall be used to carry out activities under subparagraphs (B) 
through (D) of subsection (a)(1).

           [Subpart 1--Fund for the Improvement of Education]

               PART I--PROGRAMS OF NATIONAL SIGNIFICANCE

SEC. [5411]4901. 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]college and 
career ready academic content and student academic achievement 
standards under section 1111(a)(1). 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 nonprofit 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.]
  (b) Uses of Funds.--A nonprofit entity receiving a grant 
under subsection (a) shall use the grant funds to carry out 1 
of the following activities:
          (1) Providing funding for economically disadvantaged 
        students, including students from military families and 
        recent immigrants, and their teachers, to participate 
        in programs based in Washington, DC that increase civic 
        responsibility and understanding of the Federal 
        Government among young people.
          (2) Developing, implementing, evaluating, and 
        disseminating innovative, research-based approaches to 
        civic learning, which may include hands-on civic 
        engagement activities, for low-income elementary school 
        and secondary school students that demonstrate 
        innovation, scalability, accountability, and a focus on 
        underserved populations.
          (3) Supporting a national principal and teacher 
        certification process that provides a framework for 
        measuring and improving teaching and instructional 
        leadership with a focus on educators working in schools 
        that are eligible for funding under part A of title I, 
        including comprehensive rigorous teaching standards and 
        assessment systems designed to reward educator 
        effectiveness and deliver high-quality professional 
        development across all academic subjects and grades.
          (4) Creating a national teacher corps of outstanding 
        college graduates to teach in underserved communities 
        in order to--
                  (A) increase the supply of effective teachers 
                in low-income communities; and
                  (B) provide and support the retention of 
                teachers for high-need fields.
          (5) Supporting a national network of providers of 
        high-quality, evidence-based professional development 
        in writing instruction for teachers across all academic 
        subjects and grades.
          (6) Encouraging parents and caregivers to read aloud 
        to their children by supporting programs through which, 
        during pediatric exams, doctors and nurses train 
        parents and caregivers who may not be skilled readers.
          (7) Preparing young children from low-income families 
        for reading success by the third grade by--
                  (A) distributing inexpensive books;
                  (B) training volunteers to serve at-risk 
                children;
                  (C) developing motivational literacy 
                activities for at-risk children; and
                  (D) providing information on literacy 
                resources, such as those provided by local 
                libraries and other community-based 
                organizations.
          (8) Supporting model projects and programs that 
        encourage involvement in the performing and visual 
        arts, for--
                  (A) persons with disabilities, by--
                          (i) increasing access to all forms of 
                        the arts for all persons, including 
                        those living with intellectual, 
                        physical, and sensory disabilities; and
                          (ii) fostering a greater awareness of 
                        the need for arts programs for 
                        individuals with disabilities; and
                  (B) children, youth, and educators.
          (9) Implementing a coordinated program of 
        scientifically based research, demonstration projects, 
        innovative strategies, and professional development for 
        teachers and other instructional leaders working in 
        high-poverty schools to--
                  (A) enhance the ability of educators to meet 
                the special educational needs of gifted and 
                talented students, including high-ability 
                students who have not been formally identified 
                as gifted; and
                  (B) prioritize students who have been 
                underrepresented in gifted education programs, 
                including students who are economically 
                disadvantaged, of minority backgrounds, English 
                learners, students with disabilities, and 
                students in rural communities.
          (10) Promoting gender equity in education by 
        supporting educational agencies and institutions in 
        meeting the requirements of title IX of the Education 
        Amendments of 1972 (20 U.S.C. 1681 et seq.).
          (11) Other high-quality, nationally significant 
        programs that meet the purposes of this Act.
  (c) Basis of Awards.--The Secretary is authorized to--
          (1) make awards under this [subpart]part on the basis 
        of competitions announced by the Secretary; and
          (2) support meritorious unsolicited proposals for 
        awards under this [subpart]part.
  (d) Effectiveness of Programs.--The Secretary shall ensure 
that programs supported under this [subpart]part 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]4902. APPLICATIONS.

  (a) Submission.--To be eligible for an award under this 
[subpart]part, 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]part [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]part for the cost of 
such peer review.

SEC. [5413]4903. PROGRAM REQUIREMENTS.

  (a) Evaluations.--A recipient of an award under this 
[subpart]part shall--
          (1) evaluate the effectiveness of the program funded 
        under the award in achieving the objectives stated in 
        applications submitted under section [5412]4902; 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]part 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]part 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. [20 U.S.C. 7243C] 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.]

           *       *       *       *       *       *       *


      [TITLE V--PROMOTING INFORMED PARENTAL CHOICE AND INNOVATIVE 
                 PROGRAMS]TITLE V_PROMOTING INNOVATION

                     [PART A--INNOVATIVE PROGRAMS]

[SEC. 5101. [20 U.S.C. 7201] 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. [20 U.S.C. 7211] 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. [20 U.S.C. 7211A] 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. [20 U.S.C. 7213] 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. [20 U.S.C. 7213A] 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. [20 U.S.C. 7215] 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. [20 U.S.C. 7215A] 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. [20 U.S.C. 7215B] 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. [20 U.S.C. 7217] 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. [20 U.S.C. 7217A] 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. [20 U.S.C. 7217B] 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. [20 U.S.C. 7217C] 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. [20 U.S.C. 7217D] 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. [20 U.S.C. 7217E] 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 A--RACE TO THE TOP

SEC. 5101. PURPOSES.

  The purposes of this part are to provide incentives for 
States and high-need local educational agencies to implement 
comprehensive reforms and innovative strategies that are 
designed to lead to--
          (1) significant improvements in outcomes for all 
        students, including improvements in student readiness, 
        student academic achievement, high school graduation 
        rates, and rates of student enrollment, persistence, 
        and completion in institutions of higher education; and
          (2) significant reductions in achievement gaps 
        between the groups of students described in section 
        1111(a)(2)(B)(ix).

SEC. 5102. RESERVATION OF FUNDS.

  From amounts made available to carry out this part for a 
fiscal year, the Secretary may reserve not more than 5 percent 
to carry out activities in accordance with this part related to 
technical assistance and outreach and dissemination.

SEC. 5103. RACE TO THE TOP PROGRAM.

  (a) Program Authorized.--
          (1) In general.--For each fiscal year for which funds 
        are appropriated under this part and from such funds 
        that are not reserved under section 5102, the Secretary 
        shall, in accordance with paragraph (2), determine the 
        goals that are the greatest priority for the United 
        States and award grants, through a grant competition, 
        to eligible entities to enable such eligible entities 
        to carry out comprehensive reforms and innovative 
        strategies in furtherance of such goals.
          (2) Selection of goals and categories of entities.--
                  (A) In general.--The Secretary shall 
                determine the priorities for grants awarded 
                through a grant competition under this part by 
                selecting in advance of the application 
                period--
                          (i) 1 or more categories of entities 
                        described in paragraph (3) that may 
                        apply for and receive the grants 
                        through such grant competition; and
                          (ii) 1 or more goals described in 
                        paragraph (4) to be supported under the 
                        grants.
                  (B) Announcement.--The Secretary shall ensure 
                that information regarding the selections of 
                goals and categories of entities for the grants 
                under this part for an upcoming grant 
                competition is made widely available to 
                eligible entities and that the eligible 
                entities will have sufficient time to prepare a 
                grant application based on the Secretary's 
                decisions for the upcoming grant competition.
          (3) Eligible entities.--The categories of entities 
        that may be selected for grants under this part are the 
        following:
                  (A) A State.
                  (B) A high-need local educational agency.
                  (C) A consortium of States.
                  (D) A consortium of high-need local 
                educational agencies.
          (4) Educational goals.--The goals that the Secretary 
        shall select to support through grants under this part 
        are 1 or more of the following:
                  (A) Increasing the access of children from 
                low-income families to highly rated teachers 
                and school leaders, including by--
                          (i) developing and implementing a 
                        teacher and principal evaluation system 
                        consistent with section 2301(b)(4);
                          (ii) improving the effectiveness of 
                        teachers (including early childhood 
                        education and care educators) and 
                        school leaders, including through high-
                        quality preparation, recruitment, 
                        professional development, evaluation, 
                        and other personnel policies; and
                          (iii) ensuring that all teachers are 
                        prepared to effectively serve the needs 
                        of students who are children with 
                        disabilities or English learners, 
                        particularly through the general 
                        education curriculum.
                  (B) Strengthening the availability and use of 
                high-quality and timely data to improve 
                instructional practices, policies, and student 
                outcomes.
                  (C) Implementing--
                          (i) elementary and secondary school 
                        academic standards that prepare 
                        students to be college and career 
                        ready, in accordance with section 
                        1111(a)(1)(A)(ii); and
                          (ii) strategies that translate such 
                        standards into classroom practice, 
                        including in the areas of assessment, 
                        instructional materials, and 
                        professional development.
                  (D) Turning around the schools served by the 
                eligible entity that are identified through a 
                State's accountability and improvement system 
                under subsection (b) or (c)(2) of section 1116.
                  (E) Creating successful conditions for the 
                creation, expansion, and replication of high-
                performing public charter schools and the 
                creation of new, innovative, and highly 
                autonomous public schools that will enroll a 
                large percentage of students from low-income 
                families.
                  (F) Providing more equitable State and local 
                resources to high-poverty schools.
                  (G) Improving school readiness by--
                          (i) increasing the number and 
                        percentage of children from low-income 
                        families, in each age group of infants, 
                        toddlers, and preschoolers, who are 
                        enrolled in high-quality early 
                        childhood education and care programs; 
                        and
                          (ii) designing and implementing an 
                        integrated system of high-quality early 
                        childhood education and care programs 
                        and services that strengthens the 
                        coordination and collaboration among 
                        Federal, State, and local early 
                        childhood education and care programs.
  (b) Duration of Grants.--
          (1) In general.--Each grant awarded under this part 
        shall be for a period of not more than 4 years.
          (2) Requirements for additional funding.--Before 
        receiving funding under any grant under this part for 
        the second or any subsequent year of the grant, the 
        eligible entity receiving the grant shall demonstrate 
        to the Secretary that the eligible entity is--
                  (A) making progress in implementing the plan 
                under section 5104(a)(3) at a rate that the 
                Secretary determines will result in full 
                implementation of the plan during the remainder 
                of the grant period; and
                  (B) making progress, as measured by the 
                annual performance measures and targets 
                established by the eligible entity under 
                section 5105, at a rate that the Secretary 
                determines will result in reaching the targets 
                and achieving the objectives of the grant, 
                during the remainder of the grant period.
  (c) Interagency Agreement.--The Secretary shall establish an 
interagency agreement with the Secretary of Health and Human 
Services to jointly administer any grant competition for the 
goal of improving early childhood education and care, as 
described in subsection (a)(4)(G), and any grants issued under 
such grant competition.

SEC. 5104. APPLICATION PROCESS.

  (a) In General.--Each eligible entity 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. At a 
minimum, each such application shall include the following:
          (1) Documentation of the eligible entity's record, as 
        applicable, in the areas to be measured by the 
        performance measures identified by the Secretary under 
        section 5105(2).
          (2) Evidence of conditions of innovation and reform 
        that the eligible entity has established and the 
        eligible entity's plan for implementing additional 
        conditions for innovation and reform, including--
                  (A) a description of how the eligible entity 
                has identified and eliminated ineffective 
                practices in the past, and its plan for doing 
                so in the future;
                  (B) a description of how the eligible entity 
                has identified and promoted effective practices 
                in the past, and its plan for doing so in the 
                future; and
                  (C) steps the eligible entity has taken and 
                will take to eliminate statutory, regulatory, 
                procedural, or other barriers to facilitate the 
                full implementation of its proposed plan under 
                paragraph (3).
          (3) A comprehensive and coherent plan for using funds 
        under this part, and other Federal, State, and local 
        funds, to improve the eligible entity's performance on 
        the performance measures identified under section 
        5105(2), including how the applicant will implement 
        reforms and innovative strategies to achieve the goals 
        selected by the Secretary under section 5103(a)(2).
          (4) In the case of an eligible entity that is 
        described in subparagraph (A) or (C) of section 
        5103(a)(3), evidence of collaboration among the 
        eligible entity, local educational agencies in the 
        State (including the local educational agencies 
        participating in carrying out the plan under paragraph 
        (3)), schools that are expected to benefit from the 
        activities under the plan, parents, teachers, and other 
        stakeholders, in developing and implementing the plan, 
        including evidence of the commitment and capacity to 
        implement such plan.
          (5) In the case of an eligible entity described in 
        subparagraph (B) or (D) of section 5103(a)(3), evidence 
        of the eligible entity's collaboration with its school 
        leaders, teachers, parents, and other stakeholders in 
        developing the plan under paragraph (3), including 
        evidence of the commitment and capacity to implement 
        that plan.
          (6) The eligible entity's annual performance measures 
        and targets, in accordance with the requirements of 
        section 5105.
  (b) Criteria for Evaluating Applications.--
          (1) In general.--The Secretary shall award grants 
        under this part on a competitive basis, based on the 
        quality of the applications submitted by eligible 
        entities.
          (2) Publication of explanation.--The Secretary shall 
        publish an explanation of how the application review 
        process will ensure an equitable, transparent, and 
        objective evaluation.
  (c) Priority.--In awarding grants under this part, the 
Secretary shall give priority to--
          (1) any eligible entity described in subparagraph (B) 
        or (D) of section 5103(a)(3) that serves a school 
        designated with a school locale code of 33, 41, 42, or 
        43, as determined by the Secretary; and
          (2) for any grant competition under this part for the 
        goal of improving early childhood education and care, 
        as described in section 5103(a)(4)(G), any eligible 
        entity that provides a full-day kindergarten program to 
        all kindergarten students, or to all kindergarten 
        students from low-income families, served by the 
        eligible entity.

SEC. 5105. PERFORMANCE MEASURES.

  Each eligible entity receiving a grant under this part shall 
establish, subject to approval by the Secretary, annual 
performance measures and targets for the programs and 
activities carried out under this part. Such performance 
measures and targets shall, at a minimum, track the eligible 
entity's progress in--
          (1) implementing the plan described in section 
        5104(a)(3); and
          (2) making progress on any other performance measure 
        identified by the Secretary.

SEC. 5106. USES OF FUNDS.

  (a) Use of State Grant Funds.--
          (1) In general.--Each eligible entity described in 
        subparagraph (A) or (C) of section 5103(a)(3) that 
        receives a grant under this part shall--
                  (A) except as provided in paragraph (3), use 
                not less than 50 percent of the grant funds to 
                award subgrants under paragraph (2) to the 
                local educational agencies that will 
                participate in the plan for any purpose 
                included in the eligible entity's plan 
                described in section 5104(a)(3); and
                  (B) use any amount of the grant not 
                distributed under subparagraph (A) for any 
                purpose included in the eligible entity's plan.
          (2) Amount of subgrants.--For a fiscal year, the 
        amount of a subgrant under paragraph (1)(A) for a local 
        educational agency that has been selected to 
        participate in the eligible entity's plan shall bear 
        the same relation to the amount available for all such 
        subgrants by the eligible entity for such year, as the 
        amount made available to the local educational agency 
        under part A of title I for the most recent year for 
        which such data is available bears to the total amount 
        made available for such year to all local educational 
        agencies selected to participate in the eligible 
        entity's plan.
          (3) Exception.--An eligible entity described in 
        subparagraph (A) or (C) of section 5103(a)(3) that 
        receives a grant under this part for the goal of 
        improving early childhood education and care, as 
        described in section 5103(a)(4)(G)--
                  (A) shall not be subject to the requirements 
                of paragraph (1)(A); and
                  (B) may use grant funds to award subgrants to 
                public or private nonprofit agencies and 
                organizations for activities consistent with 
                any purpose included in the eligible entity's 
                plan described in section 5104(a)(3).
  (b) Use of Subgrant Funds.--Each local educational agency or 
public or private nonprofit agency or organization that 
receives a subgrant under paragraph (1)(A) or (3)(B) of 
subsection (a) from an eligible entity shall use subgrant funds 
for any purpose included in the eligible entity's plan 
described in section 5104(a)(3), subject to any requirements of 
the eligible entity.
  (c) Use of High-need Local Educational Agency Grant Funds.--
Each eligible entity described in subparagraph (B) or (D) of 
section 5103(a)(3) that receives a grant under this part shall 
use such funds for any purpose included in the eligible 
entity's plan described in section 5104(a)(3).
  (d) Special Rule.--
          (1) Limitation on use of funds.--Notwithstanding any 
        other provision of this section, grant or subgrant 
        funds under this part shall only be used to fund a 
        program or activity that is an allowable use of funds 
        under another section of this Act (excluding this part 
        and section 8007, as amended by section 8004 of the 
        Elementary and Secondary Education Reauthorization Act 
        of 2011), the Individuals with Disabilities Education 
        Act, the Adult Education and Family Literacy Act, or 
        the Carl D. Perkins Career and Technical Education Act 
        of 2006, except that grant or subgrant funds for the 
        goal of improving early childhood education and care, 
        as described in section 5103(a)(4)(G), may also be used 
        to fund a program or activity that is an allowable use 
        of funds under the Head Start Act, or the Child Care 
        and Development Block Grant Act of 1990.
          (2) Limitation of use of funds for early childhood 
        education and care programs.--Grant or subgrant funds 
        under this part that are used to improve early 
        childhood education and care programs shall not be used 
        to carry out any of the following activities:
                  (A) Assessments that provide rewards or 
                sanctions for individual children or teachers.
                  (B) A single assessment that is used as the 
                primary or sole method for assessing program 
                effectiveness.
                  (C) Evaluating children, other than for the 
                purposes of improving instruction, classroom 
                environment, professional development, or 
                parent and family engagement, or program 
                improvement.

SEC. 5107. REPORTING.

  (a) Annual Report.--An eligible entity that receives a grant 
under this part shall submit to the Secretary, at such time and 
in such manner as the Secretary may require, an annual report 
including, at a minimum--
          (1) data on the eligible entity's progress in 
        achieving the targets for the annual performance 
        measures and targets established under section 5105; 
        and
          (2) a description of the challenges the eligible 
        entity has faced in implementing its program under this 
        part, and how the eligible entity has addressed, or 
        plans to address, such challenges.
  (b) Local Report.--Each local educational agency and each 
public or private nonprofit agency or organization that 
receives a subgrant from an eligible entity under section 
5106(a) shall submit to the eligible entity such information as 
the eligible entity may require to complete the annual report 
required by subsection (a).

                    [PART B--PUBLIC CHARTER SCHOOLS]

                  [Subpart 1--Charter School Programs]

[SEC. 5201. [20 U.S.C. 7221] 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;
          [(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. [20 U.S.C. 7221A] 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. [20 U.S.C. 7221B] 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. [20 U.S.C. 7221C] 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. [20 U.S.C. 7221D] 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. [20 U.S.C. 7221E] 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. [20 U.S.C. 7221F] 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. [20 U.S.C. 7221G] 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. [20 U.S.C. 7221H] 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. [20 U.S.C. 7221I] 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. [20 U.S.C. 7221J] 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. [20 U.S.C. 7223] 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. [20 U.S.C. 7223A] 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. [20 U.S.C. 7223B] 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. [20 U.S.C. 7223C] 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. [20 U.S.C. 7223D] 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. [20 U.S.C. 7223E] 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. [20 U.S.C. 7223F] 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. [20 U.S.C. 7223G] 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. [20 U.S.C. 7223H] 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. [20 U.S.C. 7223I] 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. [20 U.S.C. 7223J] 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. [20 U.S.C. 7225] 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. [20 U.S.C. 7225A] 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. [20 U.S.C. 7225B] 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. [20 U.S.C. 7225C] 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. [20 U.S.C. 7225D] 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. [20 U.S.C. 7225E] 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. [20 U.S.C. 7225F] 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. [20 U.S.C. 7225G] 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 B--INVESTING IN INNOVATION

SEC. 5201. PURPOSES.

  The purposes of this part are to--
          (1) fund the identification, development, evaluation, 
        and expansion of innovative, research- and evidence-
        based practices, programs, and strategies in order to 
        significantly--
                  (A) increase student academic achievement and 
                close achievement gaps;
                  (B) increase high school graduation rates;
                  (C) increase college enrollment rates and 
                rates of college persistence;
                  (D) improve teacher and school leader 
                effectiveness; and
                  (E) improve school readiness and strengthen 
                collaboration and coordination among elementary 
                schools and early childhood care and education; 
                and
          (2) support the rapid development, expansion, 
        adoption, and implementation of tools and resources 
        that improve the efficiency, effectiveness, or pace of 
        adoption of such educational practices, programs, and 
        strategies.

SEC. 5202. RESERVATIONS.

  (a) ARPA-ED.--The Secretary may reserve not more than 30 
percent of the funds appropriated under section 3(s) for each 
fiscal year to carry out the activities of the Advanced 
Research Projects Agency-Education established under section 
221 of the Department of Education Organization Act, except 
that the amount so reserved for any fiscal year shall not 
exceed $100,000,000.
  (b) National Activities.--From the amount remaining after a 
reservation made under subsection (a), the Secretary may 
reserve not more than 5 percent of the funds appropriated under 
section 3(s) for any fiscal year to carry out activities of 
national significance. Such activities may include--
          (1) capacity-building;
          (2) technical assistance;
          (3) dissemination of best practices developed with 
        grant funds provided under this part; and
          (4) carrying out prize awards consistent with section 
        24 of the Stevenson-Wydler Technology Innovation Act of 
        1980 (15 U.S.C. 3719).
  (c) Availability of Funds.--Funds for the activities 
described in subsection (a), and for prize awards under 
subsection (b)(4), shall be available until expended.

SEC. 5203. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES.

  (a) Program Authorization.--
          (1) In general.--The Secretary shall use funds made 
        available to carry out this part for a fiscal year to 
        award grants, on a competitive basis, to eligible 
        entities.
          (2) Eligible entity.--In this part, the term 
        ``eligible entity'' means--
                  (A) a local educational agency or a 
                consortium of local educational agencies; or
                  (B) a partnership between a nonprofit 
                organization or an educational service agency 
                and--
                          (i) 1 or more local educational 
                        agencies; or
                          (ii) a consortium of public schools.
  (b) Duration of Grants.--The Secretary--
          (1) shall award grants under this part for a period 
        of not more than 3 years; and
          (2) may extend such grants for an additional 2-year 
        period if the grantee demonstrates to the Secretary 
        that it is making significant progress on the program 
        performance measures identified in section 5206.
  (c) Rural Set-aside.--The Secretary shall ensure that not 
less than 22 percent of the funds awarded under subsection (a) 
for any fiscal year are for projects that meet both of the 
following requirements, except that the Secretary shall not be 
required to make such awards unless a sufficient number of 
otherwise eligible high quality applications are received:
          (1) The eligible entity includes--
                  (A) a local educational agency with an urban-
                centric district locale code of 32, 33, 41, 42, 
                or 43, as determined by the Secretary;
                  (B) a consortium of such local educational 
                agencies; or
                  (C) if the applicant is a partnership, an 
                educational service agency or a nonprofit 
                organization with demonstrated expertise in 
                serving students from rural areas.
          (2) A majority of the schools to be served by the 
        project are designated with a school locale code of 41, 
        42, or 43, or a combination of such codes, as 
        determined by the Secretary, and--
                  (A) are served by a local educational agency 
                in which 20 percent or more of the children 
                ages 5 through 17 years old are from families 
                with incomes below the poverty line;
                  (B) are served by a local educational agency 
                in which 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
                  (C) are served by a local educational agency 
                located in a county that has a total population 
                density of fewer than 10 persons per square 
                mile.
  (d) Priorities.--In awarding grants under this part, the 
Secretary shall give priority to an eligible entity that 
includes, in its application under section 5204, a plan to--
          (1) address the needs of high-need local educational 
        agencies;
          (2) improve school readiness; or
          (3) address the unique learning needs of students who 
        are children with disabilities or English learners.
  (e) Standards of Evidence.--The Secretary shall set standards 
for the quality of evidence that an applicant shall provide in 
order to demonstrate that the activities it proposes to carry 
out with funds under this part are likely to succeed in 
improving student outcomes, including academic achievement and 
graduation rates. These standards shall include the following:
          (1) Strong evidence that the activities proposed by 
        the applicant will have a statistically significant 
        effect on student outcomes.
          (2) Moderate evidence that the activities proposed by 
        the applicant will improve outcomes.
          (3) A rationale based on research findings or a 
        reasonable hypothesis that the activities proposed by 
        the applicant will improve student outcomes.
  (f) Support for New Practices, Strategies, or Programs.--
          (1) In general.--The Secretary shall ensure that not 
        less than one-half of the funds awarded under 
        subsection (a) for any fiscal year are for projects 
        that--
                  (A) meet an evidence standard described in 
                paragraph (2) or (3) of subsection (e); and
                  (B) do not meet the evidence standard 
                described in paragraph (1) of subsection (e).
          (2) Exception.--The Secretary shall not be required 
        to make the awards described in paragraph (1) unless a 
        sufficient number of otherwise eligible high-quality 
        applications are received.

SEC. 5204. APPLICATIONS.

  Each eligible entity 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. At a minimum, each 
application shall--
          (1) describe the project for which the applicant is 
        seeking a grant and how the evidence supporting that 
        project meets the standards of evidence established by 
        the Secretary under section 5203(e);
          (2) describe how the applicant will address at least 
        1 of the areas described in section 5205(a)(1);
          (3) provide an estimate of the number of children 
        that the applicant plans to serve under the proposed 
        project, including the percentage of those children who 
        are from low-income families;
          (4) demonstrate that the applicant has established 1 
        or more partnerships with public or private 
        organizations and that the partner or partners will 
        provide matching funds, except that the Secretary may 
        waive the matching funds requirement on a case-by-case 
        basis, upon a showing of exceptional circumstances;
          (5) describe the applicant's plan for continuing the 
        proposed project after funding under this part ends;
          (6) if the applicant is a local educational agency--
                  (A) document the local educational agency's 
                record during the previous 3 years in--
                          (i) increasing student achievement, 
                        including achievement for each subgroup 
                        of students described in section 
                        1111(a)(2)(B)(ix); and
                          (ii) closing achievement gaps; and
                  (B) demonstrate how the local educational 
                agency has made significant improvements in 
                other outcomes, as applicable, on the 
                performance measures described in section 5206;
          (7) if the applicant is a partnership that includes a 
        nonprofit organization, provide evidence that the 
        nonprofit organization has helped at least 1 school or 
        local educational agency, during the previous 3 years, 
        significantly--
                  (A) increase student achievement, including 
                achievement for each subgroup of students 
                described in section 1111(a)(2)(B)(ix); and
                  (B) close achievement gaps;
          (8) provide a description of the applicant's plan for 
        independently evaluating the effectiveness of 
        activities carried out with funds under this part;
          (9) provide an assurance that the applicant will--
                  (A) cooperate with evaluations, as requested 
                by the Secretary;
                  (B) make data available to third parties for 
                validation and further study; and
                  (C) participate in communities of practice; 
                and
          (10) if the applicant is a partnership that includes 
        a nonprofit organization that intends to make 
        subgrants, consistent with section 5205(b), provide an 
        assurance that the applicant will apply paragraphs (1) 
        through (9), as appropriate, in its selection of 
        subgrantees and in its oversight of those subgrants.

SEC. 5205. USES OF FUNDS.

  (a) Uses of Funds.--
          (1) Mandatory uses.--Each eligible entity that 
        receives a grant under this part shall carry out the 
        following:
                  (A) Use the grant funds to carry out, at a 
                minimum, 1 of the following activities:
                          (i) Improving the effectiveness of 
                        teachers and school leaders and 
                        increasing equity in the distribution 
                        of effective teachers and school 
                        leaders.
                          (ii) Strengthening the use of data to 
                        improve teaching and learning.
                          (iii) Providing high-quality 
                        instruction based on college and career 
                        ready standards and measuring students' 
                        mastery of standards using high-quality 
                        assessments aligned with those 
                        standards.
                          (iv) Turning around the lowest-
                        performing schools.
                          (v) Improving school readiness for 
                        students who are low-income, English 
                        learners, and children with 
                        disabilities.
                          (vi) Other areas relating to school 
                        improvement consistent with the 
                        purposes of this part, as determined by 
                        the Secretary.
                  (B) Use the grant funds to develop or expand 
                strategies to improve the performance of high-
                need students on the performance measures 
                described in section 5206.
          (2) Permissive use of funds.--Each eligible entity 
        that receives a grant under this part may use the grant 
        funds for an independent evaluation, as required under 
        section 5204(a)(8), of the innovative practice carried 
        out with the grant.
  (b) Authority To Subgrant.--
          (1) In general.--If an eligible entity that receives 
        a grant under this part includes a nonprofit 
        organization, such nonprofit organization may use the 
        grant funds to award subgrants to other entities to 
        provide support to 1 or more schools or local 
        educational agencies.
          (2) Compliance with requirements of grantees.--Each 
        entity awarded a subgrant under paragraph (1) shall 
        comply with the requirements of this part relating to 
        grantees, as appropriate.

SEC. 5206. PERFORMANCE MEASURES.

  The Secretary shall establish performance measures for the 
programs and activities carried out under this part. These 
measures, at a minimum, shall track the grantee's progress in 
improving outcomes for each subgroup of students described in 
section 1111(a)(2)(B)(ix) that is served by the grantee, 
including, as applicable, by--
          (1) increasing student achievement and decreasing 
        achievement gaps;
          (2) increasing high school graduation rates;
          (3) increasing college enrollment rates and rates of 
        college persistence;
          (4) improving teacher and school leader 
        effectiveness;
          (5) improving school readiness; and
          (6) any other indicator as the Secretary or grantee 
        may determine.

SEC. 5207. REPORTING.

  An eligible entity that receives a grant under this part 
shall submit to the Secretary, at such time and in such manner 
as the Secretary may require, an annual report that includes, 
among other things, information on the entity's progress on the 
performance measures established under section 5206, and the 
data supporting that progress.

                   PART C--MAGNET SCHOOLS ASSISTANCE

SEC. 5301. FINDINGS AND PURPOSE.

  (a) Findings.--Congress makes the following findings:
          (1) * * *
          [(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.]
          (2) The use of magnet schools has increased 
        dramatically since the inception of the magnet schools 
        assistance program under this Act, with more than 
        1,500,000 students nationwide attending such schools.
          (3) * * *
          (4) It is in the best interests of the United 
        States--
                  (A) * * *
                  [(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]
                  (B) to ensure that all students have 
                equitable access to a high-quality public 
                education that will prepare them to succeed in 
                a highly competitive economy comprised of 
                people from many different racial and ethnic 
                backgrounds; and

           *       *       *       *       *       *       *

  (b) Purpose.--* * *
          (1) * * *
          (2) the development and implementation of magnet 
        school programs, particularly whole-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]college and career ready State academic 
        content standards and student academic achievement 
        standards under section 1111(a);
          [(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;]
          (3) the development and design of evidence-based 
        educational methods and practices that promote 
        diversity and increase high-quality public educational 
        options;
          (4) courses of instruction within magnet schools that 
        will substantially increase the college and career 
        readiness of students attending such schools;

           *       *       *       *       *       *       *


SEC. 5303. PROGRAM AUTHORIZED.

  The Secretary, in accordance with this part, is authorized to 
award competitive 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) * * *

           *       *       *       *       *       *       *


SEC. 5305. APPLICATIONS AND REQUIREMENTS.

  (a) Applications.--* * *
  [(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.]
  (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--
                          (i) improve student academic 
                        achievement for all students and 
                        subgroups of students described in 
                        section 1111(a)(2)(B)(ix) attending the 
                        magnet school program; and
                          (ii) promote desegregation, including 
                        how the proposed magnet school program 
                        will increase interaction among 
                        students of different social, economic, 
                        ethnic, and racial backgrounds, 
                        including the policies, programs, and 
                        activities aimed at increasing 
                        interaction among such students;
                  (B)(i) a description of the evidence that the 
                magnet school program that the applicant 
                proposes to implement would improve student 
                academic achievement and reduce minority group 
                isolation; or
                  (ii) if such evidence is not available, a 
                rationale, based on current research findings, 
                for how the program would improve student 
                academic achievement and reduce minority group 
                isolation;
                  (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;
                  (E) the student application process, and 
                selection criteria, if any, to be used by the 
                proposed magnet school program;
                  (F) how the applicant will conduct outreach 
                and disseminate information about the proposed 
                magnet school program, including the 
                application and selection process, in a timely, 
                clear, and accessible manner to all students 
                and their parents and families and, to the 
                extent practicable, in a language they can 
                understand; and
                  (G) how the applicant will assess, monitor, 
                and evaluate the impact of the activities 
                funded under this part on student academic 
                achievement and integration; and
          (2) assurances that the applicant will--
                  (A) use grant funds under this part for the 
                purpose specified in section 5301(b);
                  (B) employ highly rated school leaders and 
                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 result in greater parent and 
                family decisionmaking and engagement; 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]are being 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.]
          (1) have the highest quality applications or 
        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, 
        significantly revise existing magnet school programs, 
        or significantly expand magnet school programs, in a 
        manner that--
                  (A) is aligned with other programs that have 
                demonstrated a record of success in increasing 
                student academic achievement and reducing 
                minority group isolation; or
                  (B) has a strong research basis for improving 
                student academic achievement and reducing 
                minority group isolation;
          (3) select, or propose to select, students to attend 
        magnet school programs solely or primarily by lottery, 
        rather than through academic examination or other 
        selective enrollment methods; and
          (4) propose to serve the entire student population of 
        a school.

           *       *       *       *       *       *       *


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.]
          (1) for planning, outreach, 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, educational 
        technology, materials, and equipment necessary to 
        conduct programs in magnet schools;
          (3) for--
                  (A) the compensation, or subsidization of the 
                compensation, of elementary school and 
                secondary school teachers, leaders, and other 
                instructional staff who are highly rated; and
                  (B) high-quality professional development and 
                staff capacity-building activities, including 
                those designed to recruit, prepare, support, 
                and retain highly rated school teachers, 
                leaders, and other instructional staff;
          (4) with respect to a magnet school program offered 
        to less than the entire student population of a school, 
        for instructional activities that 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;
          (5) for activities, which may include the formation 
        of partnerships with public or nonprofit organizations 
        to help enhance the program or promote parent and 
        family decisionmaking and engagement 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 designing magnet schools for students in all grades; 
        and
          (7) for other operational costs that cannot be met 
        with other State or local sources.
  (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]and growth and leading to students being on track to 
college and career readiness.

           *       *       *       *       *       *       *


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]an 
initial period of not more than 3 fiscal years, and may be 
renewed for not more than an additional 2 years if the 
Secretary finds that the grantee is achieving the intended 
outcomes of the grant and shows improvement in increasing 
student academic achievement and reducing minority-group 
isolation, and other indicators of success established by the 
Secretary.
  (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]40 
percent of the grant funds received under this part for the 
first year of the program and not more than [15]10 percent of 
such funds for each of the second and third such years.

           *       *       *       *       *       *       *


[SEC. 5310. [20 U.S.C. 7231I] 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. 5310. EVALUATIONS.

  (a) Impact of Activities.--From the amount reserved for 
evaluation activities in accordance with section 9601(a), the 
Secretary, acting through the Director of the Institute of 
Education Sciences, shall, in consultation with the relevant 
program office at the Department, evaluate the implementation 
and impact of the activities supported under this part, 
consistent with section 9601, including--
          (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.
  (b) Dissemination.--The Secretary shall collect and 
disseminate to the general public information on successful 
magnet school programs.

           *       *       *       *       *       *       *


[SEC. 5311. [20 U.S.C. 7231J] 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.]

SEC. 5311. AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT PREVIOUSLY 
                    ASSISTED.

  For any fiscal year for which the amount appropriated 
pursuant to section 3(t) 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 for the preceding fiscal year.

           *       *       *       *       *       *       *


            [PART D--FUND FOR THE IMPROVEMENT OF EDUCATION]

[SEC. 5401. [20 U.S.C. 7241] 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. [20 U.S.C. 7243] 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. [20 U.S.C. 7243A] 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. [20 U.S.C. 7243B] 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. [20 U.S.C. 7243C] 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. [20 U.S.C. 7245] 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. [20 U.S.C. 7247] 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. [20 U.S.C. 7249] 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. [20 U.S.C. 7251] 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. [20 U.S.C. 7253] SHORT TITLE.]

  [This subpart may be cited as the ``Jacob K. Javits Gifted 
and Talented Students Education Act of 2001''.]

[SEC. 5462. [20 U.S.C. 7253A] 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. [20 U.S.C. 7253B] 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. [20 U.S.C. 7253C] 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. [20 U.S.C. 7253D] 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. [20 U.S.C. 7253E] 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. [20 U.S.C. 7255] SHORT TITLE.]

  [This subpart may be cited as the ``Star Schools Act''.]

[SEC. 5472. [20 U.S.C. 7255A] 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. [20 U.S.C. 7255B] 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. [20 U.S.C. 7255C] 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. [20 U.S.C. 7255D] 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. [20 U.S.C. 7255E] 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. [20 U.S.C. 7255F] 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. [20 U.S.C. 7257] 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. [20 U.S.C. 7257A] 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. [20 U.S.C. 7257B] 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. [20 U.S.C. 7257C] 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. [20 U.S.C. 7257D] 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. [20 U.S.C. 7259] SHORT TITLE.]

  [This subpart may be cited as the ``Foreign Language 
Assistance Act of 2001''.]

[SEC. 5492. [20 U.S.C. 7259A] 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. [20 U.S.C. 7259B] 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. [20 U.S.C. 7259C] 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. [20 U.S.C. 7261] SHORT TITLE.]

  [This subpart may be cited as the ``Carol M. White Physical 
Education Program''.]

[SEC. 5502. [20 U.S.C. 7261A] 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. [20 U.S.C. 7261B] 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. [20 U.S.C. 7261C] 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. [20 U.S.C. 7261D] 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. [20 U.S.C. 7261E] 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. [20 U.S.C. 7261F] 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. [20 U.S.C. 7263] 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. [20 U.S.C. 7263A] 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. [20 U.S.C. 7263B] 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. [20 U.S.C. 7265] SHORT TITLE.]

  [This subpart may be cited as the ``Alaska Native and Native 
Hawaiian Education Through Cultural and Historical 
Organizations Act''.]

[SEC. 5522. [20 U.S.C. 7265A] 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. [20 U.S.C. 7265B] 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. [20 U.S.C. 7265C] 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. [20 U.S.C. 7265D] 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. [20 U.S.C. 7265E] 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. [20 U.S.C. 7267] SHORT TITLE.]

  [This subpart may be cited as the ``Excellence in Economic 
Education Act of 2001''.]

[SEC. 5532. [20 U.S.C. 7267A] 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. [20 U.S.C. 7267B] 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. [20 U.S.C. 7267C] 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)\1\ Such other individuals as 
                        the grantee determines to be necessary, 
                        especially members of the State and 
                        local business, banking, and finance 
                        communities.]

[SEC. 5535. [20 U.S.C. 7267D] 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. [20 U.S.C. 7267E] 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. [20 U.S.C. 7267F] 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. [20 U.S.C. 7269] 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. [20 U.S.C. 7269A] 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. [20 U.S.C. 7271] 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. [20 U.S.C. 7273] 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. [20 U.S.C. 7273A] 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. [20 U.S.C. 7273B] 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. [20 U.S.C. 7273C] 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. [20 U.S.C. 7273D] 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. [20 U.S.C. 7273E] 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. [20 U.S.C. 7275] 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. [20 U.S.C. 7277] 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. [20 U.S.C. 7277A] 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. [20 U.S.C. 7277B] 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. [20 U.S.C. 7277C] 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. [20 U.S.C. 7277D] 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. [20 U.S.C. 7277E] 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. [20 U.S.C. 7279] 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. [20 U.S.C. 7279A] 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. [20 U.S.C. 7279B] 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. [20 U.S.C. 7279C] 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. [20 U.S.C. 7279D] 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. [20 U.S.C. 7279E] 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. [20 U.S.C. 7281] 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. [20 U.S.C. 7281A] 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. [20 U.S.C. 7281B] 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. [20 U.S.C. 7283] 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. [20 U.S.C. 7283A] 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. [20 U.S.C. 7283B] 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. [20 U.S.C. 7283C] 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. [20 U.S.C. 7283D] 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. [20 U.S.C. 7283E] 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. [20 U.S.C. 7283F] 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. [20 U.S.C. 7283G] 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).]

                     PART D--PUBLIC CHARTER SCHOOLS

SEC. 5401. PURPOSE.

  The purpose of this part is to support the creation, 
expansion, and replication of high-performing charter schools 
that serve the needs and increase the academic achievement of 
all students.

SEC. 5402. DISTRIBUTION OF FUNDS.

  From the funds appropriated to carry out this part for a 
fiscal year--
          (1) 85 percent shall be available to carry out 
        subpart 1; and
          (2) 15 percent shall be available to carry out 
        subpart 2.

             Subpart 1--Successful Charter Schools Program

SEC. 5411. DEFINITIONS.

  In this subpart:
          (1) Charter school.--The term ``charter school'' 
        means a public school that--
                  (A) is governed by a separate and independent 
                board that exercises authority over 1 or more 
                schools, including authority in the areas of 
                governance, personnel, budget, schedule, and 
                instructional program;
                  (B) has ongoing, significant autonomy in the 
                areas of--
                          (i) the hiring, replacement, and 
                        salaries of the school staff;
                          (ii) the school budget;
                          (iii) scheduling formats for the 
                        school day and school year;
                          (iv) the instructional programs of 
                        the school, including instructional 
                        models and curricula; and
                          (v) the management and daily 
                        operation of the school;
                  (C) 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;
                  (D) 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;
                  (E) operates in pursuit of a specific set of 
                educational objectives determined by the 
                school's developer and agreed to by the charter 
                school authorizer;
                  (F) provides 1 or more programs of elementary 
                education, secondary education, or both, and 
                may also provide early childhood education and 
                care or adult education, in accordance with 
                State law;
                  (G) is nonsectarian in its programs, 
                admissions policies, employment practices, and 
                all other operations, and is not affiliated 
                with a sectarian school or religious 
                institution;
                  (H) does not charge tuition;
                  (I) 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, title II of the Americans with 
                Disabilities Act of 1990, and part B of the 
                Individuals with Disabilities Education Act;
                  (J) 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, 
                except as modified by the Secretary by 
                regulation in accordance with clause (v) or 
                (vi) of section 1116(c)(6)(B);
                  (K) complies with the same Federal and State 
                audit requirements as do other elementary 
                schools, secondary schools, and early childhood 
                education and care and adult education 
                programs, as applicable, in the State, unless 
                such requirements are specifically waived for 
                the purpose of this program;
                  (L) meets all applicable Federal, State, and 
                local health and safety requirements;
                  (M) operates in accordance with State law; 
                and
                  (N) has a written performance contract with a 
                charter school authorizer that includes--
                          (i) a description of how student 
                        performance will be measured on the 
                        basis of--
                                  (I) State assessments that 
                                are required of other public 
                                schools; and
                                  (II) any other assessments 
                                that are mutually agreeable to 
                                the charter school authorizer 
                                and the charter school;
                          (ii) a requirement that student 
                        academic achievement and growth, 
                        consistent with section 1111, for the 
                        students enrolled at the school as a 
                        whole and for each subgroup described 
                        in section 1116(b)(1)(B) will be used 
                        as a primary factor in decisions about 
                        the renewal or revocation of the 
                        charter, in addition to other criteria, 
                        as appropriate;
                          (iii) the student academic 
                        achievement, growth (consistent with 
                        section 1111), and student retention 
                        goals, and, in the case of a high 
                        school, graduation rate goals for the 
                        students enrolled at the school as a 
                        whole and for each subgroup described 
                        in section 1116(b)(1)(B), and any other 
                        goals to be achieved by the end of the 
                        contract period;
                          (iv) the obligations and 
                        responsibilities of the charter school 
                        and the charter school authorizer; and
                          (v) a description of the autonomy 
                        that will be granted to the charter 
                        school in each area described under 
                        subparagraph (B).
          (2) Charter school authorizer.--The term ``charter 
        school authorizer'' means any public or nonprofit 
        entity that has the authority under State law, and is 
        approved by the Secretary, to authorize or approve a 
        public charter school.
          (3) Developer.--The term ``developer'' means any 
        individual, group of individuals, or public nonprofit 
        organization that--
                  (A) has applied for, or been granted, a 
                charter for a charter school; or
                  (B) has received authorization to start a 
                charter school.
          (4) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a State educational agency;
                  (B) a local educational agency, except a 
                charter school that is considered a local 
                educational agency under State law;
                  (C) a charter school authorizer; or
                  (D) a charter management organization.
          (5) Expand.--The term ``expand'' means to increase 
        the student enrollment of an existing high-performing 
        charter school by more than 50 percent or through the 
        addition of not less than 2 grades to such existing 
        charter school over the course of a grant or subgrant 
        under this part.
          (6) High-performing charter school.--The term ``high-
        performing charter school'' means--
                  (A) in the case of a charter school that was 
                not open or did not enroll students in the 
                preceding school year, a charter school that 
                has a written performance contract with a 
                charter school authorizer that includes, for 
                the students enrolled at the school as a whole 
                and for each subgroup described in section 
                1116(b)(1)(B) for the most recent year for 
                which such data are available--
                          (i) student academic achievement and 
                        growth goals (as measured, in the case 
                        of a charter school that is an 
                        elementary school or secondary school, 
                        by performance on the statewide 
                        academic assessments required under 
                        section 1111(a)(2) and individual 
                        academic growth, consistent with 
                        section 1111) that are higher than the 
                        average student academic achievement 
                        and growth results, consistent with 
                        section 1111, in demographically 
                        similar schools in the State;
                          (ii) student retention goals that are 
                        similar to, or greater than, the 
                        average student retention rates in 
                        demographically similar schools in the 
                        State; and
                          (iii) if the charter school is a high 
                        school, goals for graduation rates, 
                        rates of student enrollment at 
                        institutions of higher education, and 
                        rates of student persistence at 
                        institutions of higher education that 
                        are higher than such average rates in 
                        demographically similar schools in the 
                        State; or
                  (B) in the case of a charter school that was 
                open and enrolled students for the preceding 
                school year, a charter school that has, for the 
                students enrolled at the school as a whole and 
                for each subgroup described in section 
                1116(b)(1)(B) for the most recent year for 
                which such data are available--
                          (i) student academic achievement and 
                        growth results (as measured, in the 
                        case of a charter school that is an 
                        elementary school or secondary school, 
                        by performance on the statewide 
                        academic assessments required under 
                        section 1111(a)(2) and individual 
                        academic growth, consistent with 
                        section 1111) that are significantly 
                        higher than the average student 
                        academic achievement and growth 
                        results, consistent with section 1111, 
                        in demographically similar schools in 
                        the State;
                          (ii) student retention rates that are 
                        similar to or higher than the average 
                        student retention rates in 
                        demographically similar schools in the 
                        State; and
                          (iii) if the school is a high school, 
                        higher graduation rates, rates of 
                        student enrollment at institutions of 
                        higher education, and rates of student 
                        persistence at institutions of higher 
                        education than such average rates in 
                        demographically similar schools in the 
                        State.
          (7) Replicate.--The term ``replicate'' means that an 
        existing high-performing charter school will open 1 or 
        more new campuses under a new or existing charter, or 
        both, over the course of a grant or subgrant under this 
        part.

SEC. 5412. PROGRAM AUTHORIZED.

  (a) In General.--From the amount available to carry out this 
subpart, the Secretary shall award grants, on a competitive 
basis, to eligible entities to enable such eligible entities to 
award subgrants to developers to create, expand, or replicate 1 
or more high-performing charter schools, including through 
conversion of an existing school into a charter school.
  (b) Allocations.--The Secretary shall use not less than 65 
percent of funds to award grants to eligible entities described 
in 5411(4)(A).
  (c) Considerations.--In awarding grants under this subpart, 
the Secretary shall consider--
          (1) the geographic diversity of the eligible 
        entities, including the distribution of grants among 
        urban, suburban, and rural areas; and
          (2) the number of eligible entities in a State that 
        are receiving grants under this subpart in any fiscal 
        year.
  (d) Grant Amount.--
          (1) In determining the amount of each grant to be 
        awarded under subsection (a), the Secretary shall 
        consider--
                  (A) the number of operating charter schools 
                under the jurisdiction or in the service area 
                of the eligible entity;
                  (B) to the extent practicable, the number of 
                students, including students on charter school 
                waiting lists, that will be served by high-
                performing charter schools that receive funds 
                under this subpart; and
                  (C) the amount of funds that is needed to 
                implement the activities described in the 
                approved application.
  (e) Duration.--
          (1) In general.--Each grant awarded under this 
        subpart shall be for an initial period of not more than 
        3 years.
          (2) Renewal.--The Secretary may renew a grant awarded 
        under this subpart for an additional period of not more 
        than 2 years, if the eligible entity is achieving the 
        objectives of the grant and has shown improvement on 
        the performance measures and targets described in 
        section 5417(a).
  (f) Limitations.--
          (1) Grants.--An eligible entity described under 
        subparagraph (A) of section 5411(4) may not receive 
        more than 1 grant at a time under this section.
          (2) Subgrants.--A developer may not receive more than 
        1 grant or subgrant at a time under this section.
  (g) Reservations.--
          (1) Administrative expenses.--An eligible entity that 
        receives a grant under this subpart may use not more 
        than a total of 5 percent of grant funds for 
        administrative expenses associated with the grant, 
        including for improvement of the eligible entity's 
        oversight or management of charter schools.
          (2) Improving authorizer quality.--An eligible entity 
        described in subparagraph (A), (B), or (C) of section 
        5411(4), shall use 5 percent of grant funds for 
        improving authorizer quality, including charter school 
        oversight and monitoring systems and procedures for 
        revoking or not renewing charters.
  (h) Waiver.--The Secretary may waive a statutory or 
regulatory requirement over which the Secretary exercises 
administrative authority, except a requirement described in 
section 5411(1), if--
          (1) the waiver is requested in an approved 
        application under this subpart; and
          (2) the Secretary determines that granting the waiver 
        will promote the purpose of this subpart.

SEC. 5413. APPLICATIONS.

  (a) In General.--Each eligible entity 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) Contents.--
          (1) Eligible entities.--At a minimum, the application 
        described in subsection (a) shall include a description 
        of --
                  (A) how the eligible entity will use grant 
                funds to create, expand, or replicate 1 or more 
                high-performing charter schools;
                  (B) the need for the high-performing charter 
                schools that the eligible entity seeks to 
                support, including information that 
                demonstrates the interest of parents and 
                communities in increasing charter school 
                enrollment capacity, such as the number of 
                students who are on waiting lists for charter 
                schools under the jurisdiction of the eligible 
                entity;
                  (C) the performance measures the eligible 
                entity will use to measure outcomes;
                  (D) how the eligible entity will provide 
                information and support to parents, families, 
                and students regarding the available charter 
                school options in a simple, clear, and easily 
                accessible format and, to the extent 
                practicable, in a language that such parents, 
                families, and students can understand;
                  (E) how the eligible entity will coordinate 
                the grant funds received under this subpart 
                with other Federal, State, and local funds;
                  (F) how the eligible entity will ensure that 
                each charter school within such eligible 
                entity's jurisdiction or service area--
                          (i) meets the requirements of section 
                        5411(1); and
                          (ii) provides equitable access and 
                        effectively serves the needs of all 
                        students, including children with 
                        disabilities and English learners, and 
                        implements outreach and recruitment 
                        practices that include families of such 
                        students;
                  (G) how the eligible entity will award 
                subgrants to developers, on a competitive basis 
                and through a high-quality review process, 
                including a description of the subgrant 
                application;
                  (H) how the eligible entity will target 
                subgrants to high-performing charter schools 
                that plan to serve students who attend schools 
                that have been identified through the State 
                accountability and improvement system described 
                in section 1116;
                  (I) the eligible entity's record, if 
                applicable, of success in creating, expanding, 
                replicating, managing, and overseeing high-
                performing charter schools, and closing 
                unsuccessful schools;
                  (J) how the eligible entity will hold charter 
                schools within such eligible entity's 
                jurisdiction accountable if such schools do not 
                meet the objectives specified in the 
                performance contract described in section 
                5411(1)(N), including by closing unsuccessful 
                schools; and
                  (K) how charter school authorizers are 
                approved, monitored, held accountable for 
                establishing rigorous standards, periodically 
                reviewed, and re-approved in the State in which 
                the eligible entity operates, based on the 
                performance of the charter schools that such 
                charter school authorizers authorize, including 
                in the areas of student safety, financial 
                management, and compliance with all applicable 
                statutes and regulations.
          (2) State educational agencies.--Each eligible entity 
        described in section 5411(4)(A) shall include in the 
        application described in paragraph (1) (in addition to 
        the requirements of such paragraph), the following:
                  (A) A description of the State's laws, 
                policies, or procedures, if applicable, that 
                address--
                          (i) how decisions are made to close 
                        unsuccessful charter schools, and how 
                        student academic achievement and 
                        growth, consistent with section 1111, 
                        for all students and for each subgroup 
                        of students described in section 
                        1116(b)(1)(B), is a primary factor in 
                        such decisions;
                          (ii) how charter schools are 
                        monitored and held accountable for--
                                  (I) meeting the requirements 
                                described in section 5411(1); 
                                and
                                  (II) providing equitable 
                                access and effectively serving 
                                the needs of all students, 
                                including students with 
                                disabilities and English 
                                learners; and
                          (iii) 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 subsections 
                        (a)(5) and (e)(1)(B) of section 613 of 
                        the Individuals with Disabilities 
                        Education Act.
                  (B) Information about the eligible entity's 
                record of funding charter schools, including 
                funding charter school facilities.
                  (C) Information about the number of charter 
                schools in the State that--
                          (i) have been closed or have had 
                        charters revoked or not renewed in the 
                        preceding 5-year period, and the 
                        reasons for such closures, revocations, 
                        or nonrenewals;
                          (ii) have been identified through the 
                        State accountability and improvement 
                        system described in section 1116 in the 
                        preceding 5-year period;
                          (iii) have met objectives specified 
                        in the performance contract described 
                        in section 5411(1)(N); and
                          (iv) the charter school authorizer 
                        has authorized that are high-performing 
                        charter schools, and the percentage of 
                        such charter schools as compared to the 
                        total number of charter schools that 
                        the charter school authorizer has 
                        authorized.
          (3) Local educational agencies.--Each eligible entity 
        described in section 5411(4)(B) shall include in the 
        application described in paragraph (1) (in addition to 
        the requirements described in such paragraph), a 
        description of the eligible entity's policies and 
        procedures for--
                  (A) ensuring that charter schools under the 
                jurisdiction of such eligible entity have 
                equitable access to school facilities;
                  (B) complying with subsections (a)(5) and 
                (e)(1)(B) of section 613 of the Individuals 
                with Disabilities Education Act; and
                  (C) supporting public school choice.
          (4) Charter school authorizers.--Each eligible entity 
        described in section 5411(4)(C) shall include in the 
        application described in paragraph (1) (in addition to 
        the requirements of such paragraph), the following:
                  (A) A demonstration that the eligible entity 
                has explicit and clear policies and procedures 
                in place for the approval, monitoring, renewal, 
                and closure of charter schools, and an 
                assurance that such policies and procedures 
                make student academic achievement and growth, 
                consistent with section 1111, for all students 
                and for each subgroup of students described in 
                section 1116(b)(1)(B), a primary factor in such 
                decisions.
                  (B) A description of how the eligible entity 
                will make publicly available (in a clear and 
                uniform format, a timely manner, and a form 
                that is easily accessible, and, to the extent 
                practicable, in a language that families and 
                students can understand)--
                          (i) information about the criteria 
                        and procedures for granting, denying, 
                        revoking, and renewing charters for 
                        charter schools; and
                          (ii) the results of decisions 
                        relating to the granting, denial, 
                        revocation, and renewal of charters for 
                        charter schools, including performance 
                        data and other relevant information on 
                        which each decision is based.
                  (C) Information about the number of charter 
                schools that--
                          (i) the charter school authorizer has 
                        authorized that have been closed or 
                        have had charters revoked or not 
                        renewed by the eligible entity in the 
                        preceding 5-year period, and the 
                        reasons for such closures, revocations, 
                        or nonrenewals;
                          (ii) have been identified through the 
                        State accountability and improvement 
                        system described in section 1116;
                          (iii) have met objectives specified 
                        in the performance contract described 
                        in section 5411(1)(N); and
                          (iv) the charter school authorizer 
                        has authorized that are high-performing 
                        charter schools, and the percentage of 
                        such charter schools as compared to the 
                        total number of charter schools that 
                        the charter school authorizer has 
                        authorized.
          (5) Charter management organizations.--Each eligible 
        entity described in section 5411(4)(D) shall include in 
        the application described in paragraph (1) (in addition 
        to the requirements of such paragraph), a description 
        of--
                  (A) the qualifications of such eligible 
                entity's management team; and
                  (B) a multi-year financial and operating 
                model for each of the high-performing charter 
                schools that such eligible entity will create, 
                expand, or replicate under the grant.
          (6) Special rule.--In the case of a developer that 
        plans to open a charter school in a jurisdiction or 
        service area where no eligible entity will be awarding 
        subgrants under this subpart for the fiscal year for 
        which the developer applies, the Secretary may award a 
        grant to such developer if such developer has an 
        approved application that includes the requirements 
        described in subparagraphs (A) through (F) of paragraph 
        (1) and paragraph (5). The requirements of subsections 
        (b) and (c) of section 5416 and section 5417(c) shall 
        apply to a developer receiving a grant under this 
        paragraph in the same manner as such sections apply to 
        a developer receiving a subgrant under section 5416, 
        except that the developer shall submit the data under 
        section 5417(c) directly to the Secretary.

SEC. 5414. SELECTION CRITERIA; PRIORITY.

  (a) Selection Criteria.--
          (1) In general.--In awarding grants to eligible 
        entities under this subpart, the Secretary shall 
        consider--
                  (A) the quality of the eligible entity's 
                application;
                  (B) the eligible entity's record, if 
                applicable, of success in creating, expanding, 
                replicating, managing, and overseeing high-
                performing charter schools;
                  (C) the eligible entity's record of 
                discontinuing funding or closing low-performing 
                charter schools, including, as applicable, by 
                revoking or not renewing the charters of such 
                charter schools, and the eligible entity's 
                commitment to discontinuing funding or closing 
                low-performing charter schools in the future;
                  (D) the extent to which the eligible entity 
                demonstrates that such eligible entity will 
                award subgrants targeted to serving students 
                who attend schools that have been identified 
                through the State accountability and 
                improvement system described in section 1116;
                  (E) the quality of the eligible entity's plan 
                for supporting subgrant recipients, through 
                such activities as technical assistance, 
                directly or through grants, contracts, or 
                cooperative agreements, in order to--
                          (i) improve student academic 
                        achievement and growth, consistent with 
                        section 1111, for all students and for 
                        each subgroup of students described in 
                        section 1116(b)(1)(B); and
                          (ii) promote effective outreach to, 
                        and recruitment of, students who are 
                        children with disabilities and students 
                        who are English learners, and the 
                        parents and families of such students; 
                        and
                  (F) the extent to which the State in which 
                the eligible entity operates provides for and 
                enforces high-quality standards for charter 
                school authorizers, including by establishing 
                standards for rigorous and periodic reviews.
          (2) State educational agencies.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(A), in addition to the elements 
        described in paragraph (1), the Secretary shall also 
        consider, the extent to which such eligible entity--
                  (A) ensures that charter schools receive 
                equitable funding compared to other public 
                schools in the State, and a commensurate share 
                of Federal, State, and local revenues compared 
                to public schools in the State, including 
                equitable State funding to support early 
                childhood education and care programs operated 
                by charter schools in the State, in accordance 
                with State law; and
                  (B) provides charter schools with equitable 
                access to funds for facilities (which may 
                include funds for leasing or purchasing 
                facilities or for making tenant improvements), 
                assistance for facilities acquisition, access 
                to public facilities, the ability to share in 
                the proceeds of bonds and levies, or other 
                support related to facilities.
          (3) Local educational agencies.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(B) (except for a charter school that is 
        considered a local educational agency under State law) 
        in addition to the elements described in paragraph (1), 
        the Secretary shall also consider--
                  (A) if charter schools are operating within 
                the area served by such eligible entity, the 
                extent to which the eligible entity has 
                policies and procedures in place to ensure 
                that--
                          (i) charter schools have equitable 
                        access to school facilities; or
                          (ii) charter schools are not denied 
                        access to available public school 
                        facilities; and
                  (B) the extent to which the eligible entity 
                demonstrates support for public school choice.
          (4) Charter school authorizers.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(C), in addition to the elements 
        described in paragraph (1), the Secretary shall also 
        consider the eligible entity's record of success in 
        authorizing and supporting high-performing charter 
        schools.
          (5) Charter management organizations.--In the case of 
        an applicant that is an eligible entity described in 
        section 5411(4)(D), in addition to the elements 
        described in paragraph (1), as applicable, the 
        Secretary shall also consider--
                  (A) the quality of the eligible entity's 
                management team; and
                  (B) the quality and sustainability of the 
                eligible entity's multi-year financial and 
                operating model.
  (b) Priority.--
          (1) Students from low-income families.--In awarding 
        grants under this subpart, the Secretary shall give 
        priority to eligible entities that propose to create, 
        expand, or replicate high-performing charter schools 
        that plan to enroll a large percentage of students from 
        low-income families.
          (2) Diversity.--In awarding grants under this 
        subpart, the Secretary may give priority to eligible 
        entities that propose to create, expand, or replicate a 
        high-performing charter school that will have a diverse 
        student population.
          (3) State educational agencies.--In the case of an 
        applicant that is an eligible entity described in 
        section 5411(4)(A), the Secretary shall give priority 
        to such eligible entities--
                  (A) from States that do not have a law that 
                prohibits, or effectively inhibits, increasing 
                the number of high-performing charter schools 
                in the State;
                  (B) from States that--
                          (i) provide for, and adequately 
                        support, 2 or more charter school 
                        authorizers, of which not less than 1 
                        is a statewide charter school 
                        authorizer; or
                          (ii) in the case of a State in which 
                        local educational agencies are the only 
                        charter school authorizers--
                                  (I) allow for an appeals 
                                process through which 
                                developers have an opportunity 
                                to appeal a denial to another 
                                authorizer that will issue a 
                                final determination regarding 
                                whether or not to grant the 
                                developer a charter; and
                                  (II) require charter school 
                                authorizers to indicate an 
                                affirmative interest in serving 
                                as charter school authorizers; 
                                and
                  (C) that have a policy or procedure in place 
                that ensures that charter schools are 
                reauthorized or have their charter renewed not 
                less than once every 5 years.

SEC. 5415. USES OF FUNDS.

  (a) Required Uses of Funds.--Each eligible entity receiving a 
grant under section 5412(a) shall--
          (1) use not less than 95 percent of the remaining 
        grant funds, after the reservations made under section 
        5412(g), to award subgrants to 1 or more developers, as 
        described under section 5416, to enable such developers 
        to create, expand, or replicate 1 or more high-
        performing charter schools (which may include opening 
        new schools or converting existing schools into charter 
        schools) in the area served by the eligible entity or 
        under the jurisdiction of the eligible entity;
          (2) in awarding subgrants, give priority to 
        developers that propose to create, expand, or replicate 
        a high-performing charter school in which a large 
        percentage of the students enrolled are from low-income 
        families;
          (3) provide developers who are receiving a subgrant 
        with support and technical assistance in--
                  (A) improving student academic achievement 
                and growth, consistent with section 1111;
                  (B) effectively serving the needs of all 
                students, including students who are children 
                with disabilities and students who are English 
                learners; and
                  (C) implementing outreach and recruitment 
                practices that includes families of students 
                who are children with disabilities and English 
                learners;
          (4) directly, or through a partnership with a 
        nonprofit organization (such as a community-based 
        organization), develop and implement parent, family, 
        and student information, outreach, and recruitment 
        programs to provide information and support to parents, 
        families, and students about the public school choice 
        options available to them, including students who are 
        children with disabilities and students who are English 
        learners, in a simple, clear, and easily accessible 
        format and, to the extent practicable, in a language 
        that such parents, families, and students can 
        understand.
  (b) Permissible Use of Funds.--Each eligible entity receiving 
a grant under section 5412(a) may use not more than 1 percent 
of grant funds to disseminate information to public schools in 
the eligible entity's jurisdiction or service area about 
lessons learned through the grant activities, in order to--
          (1) successfully address the education needs of all 
        students, including students who are children with 
        disabilities and students who are English learners; and
          (2) replicate high-performing charter school models.

SEC. 5416. SUBGRANTS.

  (a) Applications.--Each developer that desires to receive a 
subgrant under this subpart shall submit an application to the 
appropriate eligible entity at such time, in such form, and 
including such information and assurances as the eligible 
entity may reasonably require, which shall include the 
information required under subparagraphs (A) through (F) of 
paragraph (1) and paragraph (5) of section 5413(b).
  (b) Use of Funds.--A developer that receives a subgrant under 
this subpart shall use such subgrant funds to create, expand, 
or replicate 1 or more high-performing charter schools, which 
may include carrying out the following activities:
          (1) If necessary, carrying out not more than 12 
        months of planning and program design, unless such 
        developer demonstrates the need for an additional 
        planning period of not more than 3 months.
          (2) Recruiting and providing preparation, induction, 
        and professional development for teachers, school 
        leaders, and other staff who will work in a charter 
        school that is supported by the developer.
          (3) Acquiring necessary equipment, supplies, and 
        educational materials, including curricula, 
        assessments, and instructional materials.
          (4) Professional development and implementation of 
        systems for the delivery of appropriate services for 
        students who are children with disabilities and 
        students who are English learners, including through 
        centralizing, purchasing, or sharing the provision of 
        such services with other organizations.
          (5) Providing transportation to students to and from 
        the school.
          (6) Paying operational costs for a charter school 
        that cannot be met through State or local funding 
        sources.
          (7) Directly, or through a partnership with a 
        nonprofit organization (including a community-based 
        organization), developing and implementing parent, 
        family, and student information and outreach programs 
        to provide information and support to parents, 
        families, and students about each charter school, in a 
        simple, clear, and easily accessible format and, to the 
        extent practicable, in a language that the parents, 
        families, and students can understand.
          (8) Developing and implementing effective outreach 
        and recruitment strategies to inform families of 
        students who are children with disabilities and 
        students who are English learners about the charter 
        school, the charter school admissions process, and the 
        charter school's plan to effectively provide 
        appropriate educational and related services to such 
        students.
          (9) Evaluating and disseminating information, 
        including through technical assistance, about the 
        effectiveness of the activities supported by the 
        subgrant.
  (c) Limitations.--Not more than 1 percent of subgrant funds 
may be used to carry out the activities described in subsection 
(b)(9).

SEC. 5417. PERFORMANCE MEASURES; REPORTS.

  (a) Performance Measures and Targets.--Each eligible entity 
receiving a grant under this subpart shall establish 
performance measures and annual targets, approved by the 
Secretary, for the charter schools that are created, expanded, 
or replicated with funds provided through a grant or subgrant 
under this subpart. Such measures and targets shall include, at 
a minimum, in the aggregate and disaggregated by each subgroup 
of students described in section 1116(b)(1)(B)--
          (1) the number of students enrolled in each charter 
        school;
          (2) the number of students enrolled in each high-
        performing charter school;
          (3) the number of students enrolled in each high-
        performing charter school who were formerly attending a 
        school that has been identified through the State 
        accountability and improvement system described in 
        section 1116;
          (4) student academic achievement and growth, 
        consistent with section 1111, including, if applicable, 
        performance on the State academic assessments required 
        under section 1111(a)(2), and student growth consistent 
        with section 1111;
          (5) student retention rates;
          (6) in the case of a public charter school that is a 
        secondary school, student graduation rates, and student 
        rates of enrollment and persistence in institutions of 
        higher education; and
          (7) other measures required by the Secretary.
  (b) Reports.--Each eligible entity receiving a grant under 
this subpart shall annually prepare and submit a report to the 
Secretary containing the information described under subsection 
(a).
  (c) Developers.--Each developer receiving a subgrant under 
this subpart from an eligible entity shall provide the eligible 
entity with the data necessary to comply with the requirements 
of this section.

SEC. 5418. 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. 5419. RECORDS TRANSFER.

  State educational agencies and local educational agencies 
receiving funds under part A of title I or any other Federal 
funds from the Secretary, shall, in the most timely manner 
possible and to the extent practicable, ensure that a student's 
records and, if applicable, a student's individualized 
education program as defined in section 602(11) 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. 5420. NATIONAL ACTIVITIES.

  From funds made available under this subpart for each fiscal 
year, the Secretary may reserve not more than 2.5 percent for 
national activities to carry out (directly or through grants, 
contracts that use a competitive bidding process, or 
cooperative agreements) research, development, data collection, 
technical assistance, outreach, and dissemination activities, 
including--
          (1) research, technical assistance, and other 
        activities to assist eligible entities receiving a 
        grant under this subpart, and other eligible entities 
        in improving the entity's capacity to--
                  (A) create, expand, replicate, operate, or 
                support high-performing charter schools that 
                meet the needs of, and improve the outcomes 
                for, all students, including students who are 
                children with disabilities and students who are 
                English learners;
                  (B) support charter school authorizers to 
                improve quality through the adoption of 
                research-based policies and procedures and 
                increased capacity; and
                  (C) work to turn around schools that have 
                been identified through the State 
                accountability and improvement system described 
                in section 1116;
          (2) providing for the research and dissemination of 
        information about specific charter school models and 
        program characteristics for which there is strong 
        evidence of a significant impact on improving student 
        academic achievement and growth, consistent with 
        section 1111, for all students, including students who 
        are children with disabilities and English learners;
          (3) developing and implementing activities that help 
        parents, families, students, and the community identify 
        and access high-performing charter schools;
          (4) providing for the collection of information 
        regarding the financial resources available to charter 
        schools (including access to private capital) and 
        widely disseminating to charter schools any such 
        relevant information and model descriptions of 
        successful programs; and
          (5) carrying out other related activities.

   Subpart 2--Charter School Facility Acquisition, Construction, and 
                               Renovation

SEC. 5431. PURPOSE.

  The purpose of this subpart is to provide grants to eligible 
entities to improve access to facilities and facilities 
financing for high-performing charter schools and assist such 
schools to address the cost of acquiring, constructing, and 
renovating facilities.

SEC. 5432. DEFINITIONS.

  In this subpart:
          (1) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) a State educational agency;
                  (B) a local educational agency, except a 
                charter school that is considered a local 
                educational agency under State law;
                  (C) a nonprofit entity;
                  (D) a State financing authority; or
                  (E) a consortium of entities described in any 
                of subparagraphs (A) through (D).
          (2) High-performing charter school.--The term ``high-
        performing charter school'' has the meaning given such 
        term in section 5411(6).
          (3) Per-pupil facilities aid program.--The term 
        ``per-pupil facilities aid program'' means a program--
                  (A) that is specified in State law;
                  (B) that provides annual financing, on a per-
                pupil basis, for charter school facilities; and
                  (C) in which a State makes payments, on a 
                per-pupil basis, to charter schools to provide 
                such schools with financing--
                          (i) that is dedicated solely for 
                        funding charter school facilities; or
                          (ii) a portion of which is dedicated 
                        for funding charter school facilities.

SEC. 5433. GRANTS TO ELIGIBLE ENTITIES.

  (a) Credit Enhancement Grants.--The Secretary shall use not 
less than 65 percent of the amount available to carry out this 
subpart to award grants on a competitive basis to eligible 
entities to enable such eligible entities to demonstrate 
innovative credit enhancement methods of assisting high-
performing charter schools to access private sector capital to 
address the cost of acquiring, constructing, and renovating 
facilities by enhancing the availability of loans or bond 
financing.
  (b) Other Facilities Grants.--The Secretary shall use the 
remainder of the amount available to carry out this subpart to 
award grants on a competitive basis to eligible entities to--
          (1) improve access to facilities and facilities 
        financing for high-performing charter schools, through 
        methods that may include--
                  (A) leveraging State and local facilities 
                funds, including the cost of implementing 
                school bond programs that include high-
                performing charter schools;
                  (B) implementing open-facilities-access 
                programs or making available renovated or 
                adapted space for high-performing charter 
                schools; and
                  (C) assisting with constructing or improving, 
                at low cost, facilities for high-performing 
                charter schools through innovative methods; and
          (2) support an eligible entity described in section 
        5432(1)(A) in the establishment, enhancement, and 
        administration of a per-pupil facilities aid program 
        through Federal payments that shall be not more than--
                  (A) 90 percent of the cost, for the first 
                fiscal year for which the program receives 
                assistance under this subsection;
                  (B) 80 percent in the second such year;
                  (C) 60 percent in the third such year;
                  (D) 40 percent in the fourth such year; and
                  (E) 20 percent in the fifth such year.
  (c) State Share of Per-Pupil Facilities Aid Program.--A State 
receiving a grant under subsection (b)(2) may partner with 1 or 
more organizations to provide not more than 50 percent of the 
State share of the cost of establishing, enhancing, or 
administering the per-pupil facilities aid program.
  (d) Grant Amount.--In determining the amount of each grant to 
be awarded under this subpart, the Secretary shall consider--
          (1) the quality of the application submitted under 
        section 5435;
          (2) the number of students that are served or may be 
        served by high-performing charter schools that would 
        receive assistance under the grant program; and
          (3) the amount of funds that is needed to implement 
        the activities described in the approved application.
  (e) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement, and not supplant, State 
and local public funds expended to provide programs for charter 
schools.

SEC. 5434. CHARTER SCHOOL OBJECTIVES.

  An eligible entity receiving a grant under this subpart shall 
use the funds to assist 1 or more high-performing charter 
schools to accomplish 1 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. 5435. APPLICATIONS; SELECTION CRITERIA.

  (a) In General.--Each eligible entity 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) Contents.--An application submitted under subsection (a) 
shall include--
          (1) a description of the activities that the eligible 
        entity proposes to carry out using funds received under 
        this subpart;
          (2) a demonstration that the eligible entity will 
        consider the quality of a charter school when 
        determining--
                  (A) which charter schools will receive 
                assistance under this subpart;
                  (B) how much grant assistance will be 
                provided to each charter school; and
                  (C) the type of assistance that each charter 
                school will receive;
          (3) a description of the eligible entity's record of 
        successfully carrying out the activities that such 
        eligible entity proposes to carry out;
          (4) if applicable, the eligible entity's record of 
        leveraging private-sector funding and a description of 
        how the proposed activities will leverage the maximum 
        amount of private-sector financing capital relative to 
        the amount of government funding;
          (5) an explanation of how the eligible entity 
        possesses sufficient expertise in education to evaluate 
        the likelihood of success of a charter school for which 
        facilities financing is sought;
          (6) in the case of an application submitted by an 
        eligible entity that includes 1 or more State or local 
        educational agencies, a description of the agency's 
        policies and procedures for ensuring that charter 
        schools have equitable access to school facilities; and
          (7) such other information as the Secretary may 
        reasonably require.
  (c) Selection Criteria.--In awarding grants under this 
subpart, the Secretary shall consider--
          (1) the quality of the eligible entity's application;
          (2) the extent to which the eligible entity proposes 
        to support high-performing charter schools that plan to 
        enroll a large percentage of students from low-income 
        families;
          (3) the geographic diversity of the eligible 
        entities, including the distribution of grants between 
        urban and rural areas; and
          (4) the number of eligible entities in a State that 
        are receiving grants under this subpart in any fiscal 
        year.

SEC. 5436. RESERVE ACCOUNT.

  (a) Use of Funds.--To assist charter schools with addressing 
the cost of acquiring, constructing, and renovating facilities 
and accessing facilities and facilities financing, an eligible 
entity receiving a grant under section 5433(a) 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 5437) 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 1 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 5434.
          (2) Guaranteeing and insuring leases of personal and 
        real property for an objective described in section 
        5434.
          (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. 5437. LIMITATION ON ADMINISTRATIVE COSTS.

  An eligible entity may use not more than 2.5 percent of the 
funds received under this subpart for the administrative costs 
of carrying out its responsibilities under this subpart.

SEC. 5438. 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) if applicable, 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 and 
                the performance of such charter schools in 
                increasing student achievement and growth, 
                consistent with section 1111;
                  (E) a description of the activities carried 
                out by the eligible entity to assist charter 
                schools in meeting the objectives set forth in 
                section 5434; 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, if applicable.
          (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. 5439. 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. 5440. 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 5436(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 5436(a); or
          (2) all or a portion of the funds in a reserve 
        account established by an eligible entity under section 
        5436(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 5436(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 1 or more of the purposes described in section 5436(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.

           *       *       *       *       *       *       *


            PART E--VOLUNTARY PUBLIC SCHOOL CHOICE PROGRAMS

SEC. 5501. GRANTS.

  (a) Authorization.--From funds made available 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 3 years and may be renewed for not more 
than an additional 2 years if the Secretary finds that the 
grantee is achieving the objectives of the grant.

SEC. 5502. USES OF FUNDS.

  (a) Required Use of Funds.--An eligible entity that receives 
a grant under this subpart shall use the grant funds to 
establish or expand inter- or intra-district public school 
choice programs for students attending the lowest-performing 
schools to attend high-quality public elementary schools and 
secondary schools, including charter schools.
  (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) transportation services to and from high-quality 
        schools for participating students;
          (3) improving public school finance systems to allow 
        school funding to follow students, including tuition 
        transfer payments to high-quality public elementary 
        schools or secondary schools to which students transfer 
        under the program;
          (4) capacity-enhancing activities that enable high-
        quality public elementary schools or secondary schools 
        to accommodate transfer requests under the program;
          (5) public education and recruitment campaigns to 
        inform students attending the lowest-performing schools 
        and their parents about the program and to facilitate 
        their participation; and
          (6) other costs reasonably necessary to implement the 
        program, such as the development of lottery systems.
  (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. 5503. 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 a comprehensive plan that describes--
          (1) the activities to be carried out;
          (2) how the activities--
                  (A) will increase access to high-quality 
                schools for students attending the lowest-
                performing schools;
                  (B) will increase the student academic 
                achievement and student growth of students 
                participating in the grant activities, 
                including English learners and students with 
                disabilities; and
                  (C) if applicable, will increase diversity;
          (3) how students will be selected to participate in 
        grant activities, including the design and 
        implementation of a lottery system if the program is 
        oversubscribed, and how students and parents will be 
        informed of their opportunity to participate;
          (4) how the program will be coordinated with and 
        leverage other related Federal and non-Federal funding 
        and programs;
          (5) how the applicant will continue to implement the 
        plan after the period of the grant has expired;
          (6) if the activities required under section 
        5505(a)(2) are to be carried out in partnership with a 
        public or other nonprofit organization, a description 
        of the organization's experience, capacity, 
        responsibilities, and how the eligible entity will 
        monitor the public or other nonprofit organization's 
        effectiveness in carrying our such activities; and
          (7) such other information as the Secretary may 
        require.
  (c) Selection Criteria.--In selecting grantees under this 
part, the Secretary shall consider--
          (1) the quality of the applicant's comprehensive 
        plan;
          (2) the extent to which the applicant can demonstrate 
        that its grant activities will increase student 
        academic achievement and student growth for students 
        participating in the grant activities, including 
        English learners and students with disabilities; and
          (3) the extent to which the applicant can demonstrate 
        that its grant activities will ensure that parents and 
        students are informed of the program, in a clear and 
        uniform format and, to the extent practicable, in a 
        language that the parents and students can understand, 
        to increase the likelihood that parents will have their 
        children participate in the grantee's program.

SEC. 5504. PRIORITIES.

  In awarding grants under this subpart, the Secretary shall 
give priority to an eligible entity that proposes to--
          (1) establish or expand an inter-district choice 
        program that serves a large percentage of students from 
        low-income families; and
          (2) establish or expand a program that will increase 
        diversity.

SEC. 5505. REQUIREMENTS AND VOLUNTARY PARTICIPATION.

  (a) Parent and Community Involvement and Notice.--In carrying 
out a program under this subpart, an eligible entity shall 
carry out the following:
          (1) Develop the program with--
                  (A) the involvement of parents and other 
                education stakeholders in the community to be 
                served; and
                  (B) individuals who will carry out the 
                program, including administrators, teachers, 
                principals, and other staff.
          (2) Develop and carry out the following activities, 
        alone or in partnership with a public or other 
        nonprofit organization that has a record of success in 
        implementing such activities:
                  (A) Disseminating timely and accurate 
                information about the program to parents of 
                students attending the lowest-performing 
                schools, in a clear and uniform format and, to 
                the extent practicable, in a language that they 
                can understand, including through the use of a 
                variety of effective and innovative outreach 
                approaches, such as by sending customized 
                letters to each family about available 
                programs.
                  (B) Providing education and training to 
                parents of students attending the lowest-
                performing schools to enable the parents to use 
                the information provided under subparagraph (A) 
                in their decisions about their children's 
                education.
  (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.
  (d) Performance Measures.--
          (1) In general.--Each eligible entity awarded a grant 
        under this part shall establish performance measures 
        and targets that--
                  (A) are approved by the Secretary;
                  (B) are implemented for each program 
                established or expanded with funds provided 
                under this part; and
                  (C) at a minimum, track--
                          (i) the number of students 
                        participating;
                          (ii) the participating students' 
                        academic achievement and student 
                        growth;
                          (iii) in the case of participating 
                        high school students, their graduation 
                        rates; and
                          (iv) any other measure required by 
                        the Secretary.
          (2) Reports.--Each eligible entity awarded a grant 
        under this part shall annually report to the Secretary 
        on its performance on the measures and targets 
        established under paragraph (1), and shall provide that 
        information both in the aggregate and disaggregated for 
        each subgroup of students described in section 
        1111(a)(2)(B)(ix).

SEC. 5506. EVALUATIONS.

  From the amount reserved for evaluation activities in 
accordance with section 9601(a), the Secretary, acting through 
the Director of the Institute of Education Sciences, shall, in 
consultation with the relevant program office at the 
Department, evaluate the implementation and impact of the 
activities supported under this part, consistent with section 
9601, including--
          (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 and student growth of students 
        participating in the programs both in the aggregate and 
        disaggregated for each subgroup of students described 
        in section 1111(a)(2)(B)(ix).

SEC. 5507. DEFINITIONS.

  In this subpart:
          (1) Charter school.--The term ``charter school'' has 
        the meaning given such term in section 5411.
          (2) Eligible entity.--The term ``eligible entity'' 
        means--
                  (A) 1 or more high-need local educational 
                agencies applying with 1 or more other local 
                educational agencies; or
                  (B) a State educational agency applying with 
                1 or more high-need local educational agencies.
          (3) Lowest-performing school.--The term ``lowest-
        performing school'' means a public elementary school or 
        secondary school that has been identified as an 
        achievement gap school pursuant to section 1116(b) or a 
        persistently low-achieving school pursuant to section 
        1116(c).

           *       *       *       *       *       *       *


TITLE VI--[FLEXIBILITY AND ACCOUNTABILITY]PROMOTING FLEXIBILITY; RURAL 
                               EDUCATION

                [PART A--IMPROVING ACADEMIC ACHIEVEMENT]

                      [Subpart 1--Accountability]

[SEC. 6111. [20 U.S.C. 7301] GRANTS FOR STATE ASSESSMENTS AND RELATED 
                    ACTIVITIES.]

  [The Secretary shall make grants to States to enable the 
States--
          [(1) to pay the costs of the development of the 
        additional State assessments and standards required by 
        section 1111(b), which may include the costs of working 
        in voluntary partnerships with other States, at the 
        sole discretion of each such State; and
          [(2) if a State has developed the assessments and 
        standards required by section 1111(b), to administer 
        those assessments or to carry out other activities 
        described in this subpart and other activities related 
        to ensuring that the State's schools and local 
        educational agencies are held accountable for results, 
        such as the following:
                  [(A) Developing challenging State academic 
                content and student academic achievement 
                standards and aligned assessments in academic 
                subjects for which standards and assessments 
                are not required by section 1111(b).
                  [(B) Developing or improving assessments of 
                English language proficiency necessary to 
                comply with section 1111(b)(7).
                  [(C) Ensuring the continued validity and 
                reliability of State assessments.
                  [(D) Refining State assessments to ensure 
                their continued alignment with the State's 
                academic content standards and to improve the 
                alignment of curricula and instructional 
                materials.
                  [(E) Developing multiple measures to increase 
                the reliability and validity of State 
                assessment systems.
                  [(F) Strengthening the capacity of local 
                educational agencies and schools to provide all 
                students the opportunity to increase 
                educational achievement, including carrying out 
                professional development activities aligned 
                with State student academic achievement 
                standards and assessments.
                  [(G) Expanding the range of accommodations 
                available to students with limited English 
                proficiency and students with disabilities to 
                improve the rates of inclusion of such 
                students, including professional development 
                activities aligned with State academic 
                achievement standards and assessments.
                  [(H) Improving the dissemination of 
                information on student achievement and school 
                performance to parents and the community, 
                including the development of information and 
                reporting systems designed to identify best 
                educational practices based on scientifically 
                based research or to assist in linking records 
                of student achievement, length of enrollment, 
                and graduation over time.]

[SEC. 6112. [20 U.S.C. 7301A] GRANTS FOR ENHANCED ASSESSMENT 
                    INSTRUMENTS.]

  [(a) Grant Program Authorized.--From funds made available to 
carry out this subpart, the Secretary shall award, on a 
competitive basis, grants to State educational agencies that 
have submitted an application at such time, in such manner, and 
containing such information as the Secretary may require, which 
demonstrate to the satisfaction of the Secretary, that the 
requirements of this section will be met, for the following:
          [(1) To enable States (or consortia of States) to 
        collaborate with institutions of higher education, 
        other research institutions, or other organizations to 
        improve the quality, validity, and reliability of State 
        academic assessments beyond the requirements for such 
        assessments described in section 1111(b)(3).
          [(2) To measure student academic achievement using 
        multiple measures of student academic achievement from 
        multiple sources.
          [(3) To chart student progress over time.
          [(4) To evaluate student academic achievement through 
        the development of comprehensive academic assessment 
        instruments, such as performance and technology-based 
        academic assessments.
  [(b) Application.--Each State wishing to apply for funds 
under this section shall include in its State plan under part A 
of title I such information as the Secretary may require.
  [(c) Annual Report.--Each State educational agency receiving 
a grant under this section shall submit an annual report to the 
Secretary describing its activities, and the result of those 
activities, under the grant.]

[SEC. 6113. [20 U.S.C. 7301B] FUNDING.]

  [(a) Authorization of Appropriations.--
          [(1) National assessment of educational progress.--
        For the purpose of administering the State assessments 
        under the National Assessment of Educational Progress, 
        there are authorized to be appropriated $72,000,000 for 
        fiscal year 2002, and such sums as may be necessary for 
        each of the 5 succeeding fiscal years.
          [(2) State assessments and related activities.--For 
        the purpose of carrying out this subpart, there are 
        authorized to be appropriated $490,000,000 for fiscal 
        year 2002, and such sums as may be necessary for each 
        of the 5 succeeding fiscal years.
  [(b) Allotment of Appropriated Funds.--
          [(1) In general.--From amounts made available for 
        each fiscal year under subsection (a)(2) that are equal 
        to or less than the amount described in section 
        1111(b)(3)(D) (hereinafter in this subsection referred 
        to as the ``trigger amount''), the Secretary shall--
                  [(A) reserve one-half of 1 percent for the 
                Bureau of Indian Affairs;
                  [(B) reserve one-half of 1 percent for the 
                outlying areas; and
                  [(C) from the remainder, allocate to each 
                State an amount equal to--
                          [(i) $3,000,000; and
                          [(ii) with respect to any amounts 
                        remaining after the allocation is made 
                        under clause (i), an amount that bears 
                        the same relationship to such total 
                        remaining amounts as the number of 
                        students ages 5 through 17 in the State 
                        (as determined by the Secretary on the 
                        basis of the most recent satisfactory 
                        data) bears to the total number of such 
                        students in all States.
          [(2) Remainder.--Any amounts remaining for a fiscal 
        year after the Secretary carries out paragraph (1) 
        shall be made available as follows:
                  [(A)(i) To award funds under section 6112 to 
                States according to the quality, needs, and 
                scope of the State application under that 
                section.
                  [(ii) In determining the grant amount under 
                clause (i), the Secretary shall ensure that a 
                State's grant shall include an amount that 
                bears the same relationship to the total funds 
                available under this paragraph for the fiscal 
                year as the number of students ages 5 through 
                17 in the State (as determined by the Secretary 
                on the basis of the most recent satisfactory 
                data) bears to the total number of such 
                students in all States.
                  [(B) Any amounts remaining after the 
                Secretary awards funds under subparagraph (A) 
                shall be allocated to each State that did not 
                receive a grant under such subparagraph, in an 
                amount that bears the same relationship to the 
                total funds available under this subparagraph 
                as the number of students ages 5 through 17 in 
                the State (as determined by the Secretary on 
                the basis of the most recent satisfactory data) 
                bears to the total number of such students in 
                all States.
  [(c) State Defined.--In this section, the term ``State'' 
means each of the 50 States, the District of Columbia, and the 
Commonwealth of Puerto Rico.]

  [Subpart 2--Funding Transferability for State and Local Educational 
                               Agencies]

[SEC. 6121. [20 U.S.C. 7305] SHORT TITLE.]

  [This subpart may be cited as the ``State and Local 
Transferability Act''.]

[SEC. 6122. [20 U.S.C. 7305A] PURPOSE.]

  [The purpose of this subpart is to allow States and local 
educational agencies the flexibility--
          [(1) to target Federal funds to Federal programs that 
        most effectively address the unique needs of States and 
        localities; and
          [(2) to transfer Federal funds allocated to other 
        activities to allocations for certain activities 
        authorized under title I.]

[SEC. 6123. [20 U.S.C. 7305B] TRANSFERABILITY OF FUNDS.]

  [(a) Transfers by States.--
          [(1) In general.--In accordance with this subpart, a 
        State may transfer not more than 50 percent of the 
        nonadministrative State funds (including funds 
        transferred under paragraph (2)) allotted to the State 
        for use for State-level activities under the following 
        provisions for a fiscal year to one or more of the 
        State's allotments for such fiscal year under any other 
        of such provisions:
                  [(A) Section 2113(a)(3).
                  [(B) Section 2412(a)(1).
                  [(C) Subsections (a)(1) (with the agreement 
                of the Governor) and (c)(1) of section 4112 and 
                section 4202(c)(3).
                  [(D) Section 5112(b).
          [(2) Additional funds for title i.--In accordance 
        with this subpart and subject to the 50 percent 
        limitation described in paragraph (1), a State may 
        transfer any funds allotted to the State under a 
        provision listed in paragraph (1) to its allotment 
        under title I.
  [(b) Transfers by Local Educational Agencies.--
          [(1) Authority to transfer funds.--
                  [(A) In general.--In accordance with this 
                subpart, a local educational agency (except a 
                local educational agency identified for 
                improvement under section 1116(c) or subject to 
                corrective action under section 1116(c)(9)) may 
                transfer not more than 50 percent of the funds 
                allocated to it (including funds transferred 
                under subparagraph (C)) under each of the 
                provisions listed in paragraph (2) for a fiscal 
                year to one or more of its allocations for such 
                fiscal year under any other provision listed in 
                paragraph (2).
                  [(B) Agencies identified for improvement.--In 
                accordance with this subpart, a local 
                educational agency identified for improvement 
                under section 1116(c) may transfer not more 
                than 30 percent of the funds allocated to it 
                (including funds transferred under subparagraph 
                (C)) under each of the provisions listed in 
                paragraph (2) for a fiscal year--
                          [(i) to its allocation for school 
                        improvement for such fiscal year under 
                        section 1003; or
                          [(ii) to any other allocation for 
                        such fiscal year if such transferred 
                        funds are used only for local 
                        educational agency improvement 
                        activities consistent with section 
                        1116(c).
                  [(C) Additional funds for title i.--In 
                accordance with this subpart and subject to the 
                percentage limitation described in subparagraph 
                (A) or (B), as applicable, a local educational 
                agency may transfer funds allocated to such 
                agency under any of the provisions listed in 
                paragraph (2) for a fiscal year to its 
                allocation for part A of title I for that 
                fiscal year.
          [(2) Applicable provisions.--A local educational 
        agency may transfer funds under subparagraph (A), (B), 
        or (C) of paragraph (1) from allocations made under 
        each of the following provisions:
                  [(A) Section 2121.
                  [(B) Section 2412(a)(2)(A).
                  [(C) Section 4112(b)(1).
                  [(D) Section 5112(a).
  [(c) No Transfer of Title I Funds.--A State or a local 
educational agency may not transfer under this subpart to any 
other program any funds allotted or allocated to it for part A 
of title I.
  [(d) Modification of Plans and Applications; Notification.--
          [(1) State transfers.--Each State that makes a 
        transfer of funds under this section shall--
                  [(A) modify, to account for such transfer, 
                each State plan, or application submitted by 
                the State, to which such funds relate;
                  [(B) not later than 30 days after the date of 
                such transfer, submit a copy of such modified 
                plan or application to the Secretary; and
                  [(C) not later than 30 days before the 
                effective date of such transfer, notify the 
                Secretary of such transfer.
          [(2) Local transfers.--Each local educational agency 
        that makes a transfer of funds under this section 
        shall--
                  [(A) modify, to account for such transfer, 
                each local plan, or application submitted by 
                the agency, to which such funds relate;
                  [(B) not later than 30 days after the date of 
                such transfer, submit a copy of such modified 
                plan or application to the State; and
                  [(C) not later than 30 days before the 
                effective date of such transfer, notify the 
                State of such transfer.
  [(e) Applicable Rules.--
          [(1) In general.--Except as otherwise provided in 
        this subpart, funds transferred under this section are 
        subject to each of the rules and requirements 
        applicable to the funds under the provision to which 
        the transferred funds are transferred.
          [(2) Consultation.--Each State educational agency or 
        local educational agency that transfers funds under 
        this section shall conduct consultations in accordance 
        with section 9501, if such transfer transfers funds 
        from a program that provides for the participation of 
        students, teachers, or other educational personnel, 
        from private schools.]

         [Subpart 3--State and Local Flexibility Demonstration]

[SEC. 6131. [20 U.S.C. 7311] SHORT TITLE.]

  [This subpart may be cited as the ``State and Local 
Flexibility Demonstration Act''.]

[SEC. 6132. [20 U.S.C. 7311A] PURPOSE.]

  [The purpose of this subpart is to create options for 
selected State educational agencies and local educational 
agencies--
          [(1) to improve the academic achievement of all 
        students, and to focus the resources of the Federal 
        Government upon such achievement;
          [(2) to improve teacher quality and subject matter 
        mastery, especially in mathematics, reading, and 
        science;
          [(3) to better empower parents, educators, 
        administrators, and schools to effectively address the 
        needs of their children and students;
          [(4) to give participating State educational agencies 
        and local educational agencies greater flexibility in 
        determining how to increase their students' academic 
        achievement and implement education reforms in their 
        schools;
          [(5) to eliminate barriers to implementing effective 
        State and local education reform, while preserving the 
        goals of opportunity for all students and 
        accountability for student progress;
          [(6) to hold participating State educational agencies 
        and local educational agencies accountable for 
        increasing the academic achievement of all students, 
        especially disadvantaged students; and
          [(7) to narrow achievement gaps between the lowest 
        and highest achieving groups of students so that no 
        child is left behind.]

[SEC. 6133. [20 U.S.C. 7311B] GENERAL PROVISION.]

  [For purposes of this subpart, any State that is one local 
educational agency shall be considered a State educational 
agency and not a local educational agency.]

                [CHAPTER A--STATE FLEXIBILITY AUTHORITY]

[SEC. 6141. [20 U.S.C. 7315] STATE FLEXIBILITY.]

  [(a) Flexibility Authority.--Except as otherwise provided in 
this chapter, the Secretary shall, on a competitive basis, 
grant flexibility authority to not more than seven eligible 
State educational agencies, under which the agencies may 
consolidate and use funds in accordance with section 6142.
  [(b) Definitions.--In this chapter:
          [(1) Eligible state educational agency.--The term 
        ``eligible State educational agency'' means a State 
        educational agency that--
                  [(A) submits an approvable application under 
                subsection (c); and
                  [(B) proposes performance agreements--
                          [(i) that shall be entered into with 
                        not fewer than 4, and not more than 10, 
                        local educational agencies;
                          [(ii) not fewer than half of which 
                        shall be entered into with high-poverty 
                        local educational agencies; and
                          [(iii) that require the local 
                        educational agencies described in 
                        clause (i) to align their use of 
                        consolidated funds under section 6152 
                        with the State educational agency's use 
                        of consolidated funds under section 
                        6142.
          [(2) High-poverty local educational agency.--The term 
        ``high-poverty local educational agency'' means a local 
        educational agency for which 20 percent or more of the 
        children who are age 5 through 17, and served by the 
        local educational agency, are from families with 
        incomes below the poverty line.
  [(c) State Applications.--
          [(1) Applications.--To be eligible to receive 
        flexibility authority under this chapter, a State 
        educational agency shall submit an application to the 
        Secretary at such time, in such manner, and containing 
        such information as the Secretary may require, 
        including--
                  [(A) information demonstrating, to the 
                satisfaction of the Secretary, that the grant 
                of authority offers substantial promise of--
                          [(i) assisting the State educational 
                        agency in making adequate yearly 
                        progress, as defined under section 
                        1111(b)(2); and
                          [(ii) aligning State and local 
                        reforms and assisting the local 
                        educational agencies that enter into 
                        performance agreements with the State 
                        educational agency under paragraph (2) 
                        in making such adequate yearly 
                        progress;
                  [(B) the performance agreements that the 
                State educational agency proposes to enter into 
                with eligible local educational agencies under 
                paragraph (2);
                  [(C) information demonstrating that the State 
                educational agency has consulted with and 
                involved parents, representatives of local 
                educational agencies, and other educators in 
                the development of the terms of the grant of 
                authority;
                  [(D) a provision specifying that the grant of 
                flexibility authority shall be for a term of 
                not more than 5 years;
                  [(E) a list of the programs described in 
                section 6142(b) that are included in the scope 
                of the grant of authority;
                  [(F) a provision specifying that no 
                requirements of any program described in 
                section 6142(b) and included by a State 
                educational agency in the scope of the grant of 
                authority shall apply to that agency, except as 
                otherwise provided in this chapter;
                  [(G) a 5-year plan describing how the State 
                educational agency intends to consolidate and 
                use the funds from programs included in the 
                scope of the grant of authority, for any 
                educational purpose authorized under this Act, 
                in order to make adequate yearly progress and 
                advance the education priorities of the State 
                and the local educational agencies with which 
                the State educational agency enters into 
                performance agreements;
                  [(H) an assurance that the State educational 
                agency will provide parents, teachers, and 
                representatives of local educational agencies 
                and schools with notice and an opportunity to 
                comment on the proposed terms of the grant of 
                authority;
                  [(I) an assurance that the State educational 
                agency, and the local educational agencies with 
                which the State educational agency enters into 
                performance agreements, will use fiscal control 
                and fund accounting procedures that will ensure 
                proper disbursement of, and accounting for, 
                Federal funds consolidated and used under the 
                grant of authority;
                  [(J) an assurance that the State educational 
                agency, and the local educational agencies with 
                which the State educational agency enters into 
                performance agreements, will meet the 
                requirements of all applicable Federal civil 
                rights laws in carrying out the grant of 
                authority, including consolidating and using 
                funds under the grant of authority;
                  [(K) an assurance that, in consolidating and 
                using funds under the grant of authority--
                          [(i) the State educational agency, 
                        and the local educational agencies with 
                        which the State educational agency 
                        enters into performance agreements, 
                        will provide for the equitable 
                        participation of students and 
                        professional staff in private schools 
                        consistent with section 9501; and
                          [(ii) that sections 9502, 9503, and 
                        9504 shall apply to all services and 
                        assistance provided with such funds in 
                        the same manner as such sections apply 
                        to services and assistance provided in 
                        accordance with section 9501;
                  [(L) an assurance that the State educational 
                agency will, for the duration of the grant of 
                authority, use funds consolidated under section 
                6142 only to supplement the amount of funds 
                that would, in the absence of those Federal 
                funds, be made available from non-Federal 
                sources for the education of students 
                participating in programs assisted with the 
                consolidated funds, and not to supplant those 
                funds; and
                  [(M) an assurance that the State educational 
                agency shall, not later than 1 year after the 
                date on which the Secretary makes the grant of 
                authority, and annually thereafter during the 
                term of the grant of authority, disseminate 
                widely to parents and the general public, 
                transmit to the Secretary, distribute to print 
                and broadcast media, and post on the Internet, 
                a report, which shall include a detailed 
                description of how the State educational 
                agency, and the local educational agencies with 
                which the State educational agency enters into 
                performance agreements, used the funds 
                consolidated under the grant of authority to 
                make adequate yearly progress and advance the 
                education priorities of the State and local 
                educational agencies in the State.
          [(2) Proposed performance agreements with local 
        educational agencies.--
                  [(A) In general.--A State educational agency 
                that wishes to receive flexibility authority 
                under this subpart shall propose performance 
                agreements that meet the requirements of 
                clauses (i) and (ii) of subsection (b)(1)(B) 
                (subject to approval of the application or 
                amendment involved under subsection (d) or 
                (e)).
                  [(B) Performance agreements.--Each proposed 
                performance agreement with a local educational 
                agency shall--
                          [(i) contain plans for the local 
                        educational agency to consolidate and 
                        use funds in accordance with section 
                        6152, for activities that are aligned 
                        with the State educational agency's 
                        plan described in paragraph (1)(G);
                          [(ii) be subject to the requirements 
                        of chapter B relating to agreements 
                        between the Secretary and a local 
                        educational agency, except--
                                  [(I) that, as appropriate, 
                                references in that chapter to 
                                the Secretary shall be deemed 
                                to be references to the State 
                                educational agency; and
                                  [(II) as otherwise provided 
                                in this chapter; and
                          [(iii) contain an assurance that the 
                        local educational agency will, for the 
                        duration of the grant of authority, use 
                        funds consolidated under section 6152 
                        only to supplement the amount of funds 
                        that would, in the absence of those 
                        Federal funds, be made available from 
                        non-Federal sources for the education 
                        of students participating in programs 
                        assisted with the consolidated funds, 
                        and not to supplant those funds.
  [(d) Approval and Selection.--The Secretary shall--
          [(1) establish a peer review process to assist in the 
        review of proposed State applications under this 
        section; and
          [(2) appoint individuals to participate in the peer 
        review process who are--
                  [(A) representative of parents, teachers, 
                State educational agencies, and local 
                educational agencies; and
                  [(B) familiar with educational standards, 
                assessments, accountability, curricula, 
                instruction, and staff development, and other 
                diverse educational needs of students.
  [(e) Amendment to Grant of Authority.--
          [(1) In general.--Subject to paragraph (2), the 
        Secretary shall amend the grant of flexibility 
        authority made to a State educational agency under this 
        chapter, in each of the following circumstances:
                  [(A) Reduction in scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to remove from the scope of 
                the grant of authority any program described in 
                section 6142(b).
                  [(B) Expansion of scope of the grant of 
                authority.--Not later than 1 year after 
                receiving a grant of flexibility authority, the 
                State educational agency seeks to amend the 
                grant of authority to include in the scope of 
                the grant of authority any additional program 
                described in section 6142(b) or any additional 
                achievement indicators for which the State will 
                be held accountable.
                  [(C) Changes with respect to number of 
                performance agreements.--The State educational 
                agency seeks to amend the grant of authority to 
                include or remove performance agreements that 
                the State educational agency proposes to enter 
                into with eligible local educational agencies, 
                except that in no case may the State 
                educational agency enter into performance 
                agreements that do not meet the requirements of 
                clauses (i) and (ii) of subsection (b)(1)(B).
          [(2) Approval and disapproval.--
                  [(A) Deemed approval.--A proposed amendment 
                to a grant of flexibility authority submitted 
                by a State educational agency pursuant to 
                paragraph (1) shall be deemed to be approved by 
                the Secretary unless the Secretary makes a 
                written determination, prior to the expiration 
                of the 120-day period beginning on the date on 
                which the Secretary received the proposed 
                amendment, that the proposed amendment is not 
                in compliance with this chapter.
                  [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the State educational 
                agency notice and an opportunity for a hearing.
                  [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                          [(i) give the State educational 
                        agency notice and an opportunity for a 
                        hearing; and
                          [(ii) notify the State educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                  [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                  [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                  [(D) Response.--If the State educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                          [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                          [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                  [(E) Failure to respond.--If the State 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
          [(3) Treatment of program funds withdrawn from grant 
        of authority.--Beginning on the effective date of an 
        amendment executed under paragraph (1)(A), each program 
        requirement of each program removed from the scope of a 
        grant of authority shall apply to the use of funds made 
        available under the program by the State educational 
        agency and each local educational agency with which the 
        State educational agency has a performance agreement.]

[SEC. 6142. [20 U.S.C. 7315A] CONSOLIDATION AND USE OF FUNDS.]

  [(a) In General.--
          [(1) Authority.--Under a grant of flexibility 
        authority made under this chapter, a State educational 
        agency may consolidate Federal funds described in 
        subsection (b) and made available to the agency, and 
        use such funds for any educational purpose authorized 
        under this Act.
          [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a State educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the State.
  [(b) Eligible Funds and Programs.--
          [(1) Funds.--The funds described in this subsection 
        are funds, for State-level activities and State 
        administration, that are described in the following 
        provisions:
                  [(A) Section 1004.
                  [(B) Paragraphs (4) and (5) of section 
                1202(d).
                  [(C) Section 2113(a)(3).
                  [(D) Section 2412(a)(1).
                  [(E) Subsections (a) (with the agreement of 
                the Governor), (b)(2), and (c)(1) of section 
                4112.
                  [(F) Paragraphs (2) and (3) of section 
                4202(c).
                  [(G) Section 5112(b).
          [(2) Programs.--The programs described in this 
        subsection are the programs authorized to be carried 
        out with funds described in paragraph (1).
  [(c) Special Rule.--A State educational agency that receives 
a grant of flexibility authority under this chapter--
          [(1) shall ensure that the funds described in section 
        5112(a) are allocated to local educational agencies in 
        the State in accordance with section 5112(a); but
          [(2) may specify how the local educational agencies 
        shall use the allocated funds.]

[SEC. 6143. [20 U.S.C. 7315B] PERFORMANCE REVIEW AND PENALTIES.]

  [(a) Midterm Review.--
          [(1) Failure to make adequate yearly progress.--If, 
        during the term of a grant of flexibility authority 
        under this chapter, a State educational agency fails to 
        make adequate yearly progress for 2 consecutive years, 
        the Secretary shall, after providing notice and an 
        opportunity for a hearing, terminate the grant of 
        authority promptly.
          [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide evidence as 
        described in paragraph (3)), terminate a grant of 
        flexibility authority for a State if there is evidence 
        that the State educational agency involved has failed 
        to comply with the terms of the grant of authority.
          [(3) Evidence.--If a State educational agency 
        believes that a determination of the Secretary under 
        this subsection is in error for statistical or other 
        substantive reasons, the State educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final termination determination under this subsection.
  [(b) Final Review.--
          [(1) In general.--If, at the end of the 5-year term 
        of a grant of flexibility authority made under this 
        chapter, the State educational agency has not met the 
        requirements described in section 6141(c), the 
        Secretary may not renew the grant of flexibility 
        authority under section 6144.
          [(2) Compliance.--Beginning on the date on which such 
        term ends, the State educational agency, and the local 
        educational agencies with which the State educational 
        agency has entered into performance agreements, shall 
        be required to comply with each of the program 
        requirements in effect on such date for each program 
        that was included in the grant of authority.]

[SEC. 6144. [20 U.S.C. 7315C] RENEWAL OF GRANT OF FLEXIBILITY 
                    AUTHORITY.]

  [(a) In General.--Except as provided in section 6143 and in 
accordance with this section, if a State educational agency has 
met, by the end of the original 5-year term of a grant of 
flexibility authority under this chapter, the requirements 
described in section 6141(c), the Secretary shall renew a grant 
of flexibility authority for one additional 5-year term.
  [(b) Renewal.--The Secretary may not renew a grant of 
flexibility authority under this chapter unless, not later than 
6 months before the end of the original term of the grant of 
authority, the State educational agency seeking the renewal 
notifies the Secretary, and the local educational agencies with 
which the State educational agency has entered into performance 
agreements, of the agency's intention to renew the grant of 
authority.
  [(c) Effective Date.--A renewal under this section shall be 
effective on the later of--
          [(1) the expiration of the original term of the grant 
        of authority; or
          [(2) the date on which the State educational agency 
        seeking the renewal provides to the Secretary all data 
        required for the application described in section 
        6141(c).]

              [CHAPTER B--LOCAL FLEXIBILITY DEMONSTRATION]

[SEC. 6151. [20 U.S.C. 7321] LOCAL FLEXIBILITY DEMONSTRATION 
                    AGREEMENTS.]

  [(a) Authority.--Except as otherwise provided in this 
chapter, the Secretary shall, on a competitive basis, enter 
into local flexibility demonstration agreements--
          [(1) with local educational agencies that submit 
        approvable proposed agreements under subsection (c) and 
        that are selected under subsection (b); and
          [(2) under which those agencies may consolidate and 
        use funds in accordance with section 6152.
  [(b) Selection of Local Educational Agencies.--
          [(1) In general.--Subject to paragraph (2), the 
        Secretary shall enter into local flexibility 
        demonstration agreements under this chapter with not 
        more than 80 local educational agencies. Each local 
        educational agency shall be selected on a competitive 
        basis from among those local educational agencies 
        that--
                  [(A) submit a proposed local flexibility 
                demonstration agreement under subsection (c) to 
                the Secretary and demonstrate, to the 
                satisfaction of the Secretary, that the 
                agreement--
                          [(i) has a substantial promise of 
                        assisting the local educational agency 
                        in meeting the State's definition of 
                        adequate yearly progress, advancing the 
                        education priorities of the local 
                        educational agency, meeting the general 
                        purposes of the programs included under 
                        this chapter and the purposes of this 
                        part, improving student achievement, 
                        and narrowing achievement gaps in 
                        accordance with section 1111(b);
                          [(ii) meets the requirements of this 
                        chapter; and
                          [(iii) contains a plan to consolidate 
                        and use funds in accordance with 
                        section 6152 in order to meet the 
                        State's definition of adequate yearly 
                        progress and the local educational 
                        agency's specific, measurable goals for 
                        improving student achievement and 
                        narrowing achievement gaps; and
                  [(B) have consulted and involved parents and 
                other educators in the development of the 
                proposed local flexibility demonstration 
                agreement.
          [(2) Geographic distribution.--
                  [(A) Initial agreements.--The Secretary may 
                enter into not more than three local 
                flexibility demonstration agreements under this 
                chapter with local educational agencies in each 
                State that does not have a grant of flexibility 
                authority under chapter A.
                  [(B) Urban and rural areas.--If more than 
                three local educational agencies in a State 
                submit approvable local flexibility 
                demonstration agreements under this chapter, 
                the Secretary shall select local educational 
                agencies with which to enter into such 
                agreements in a manner that ensures an 
                equitable distribution among such agencies 
                serving urban and rural areas.
                  [(C) Priority of states to enter into state 
                flexibility demonstration agreements.--
                Notwithstanding any other provision of this 
                part, a local educational agency may not seek 
                to enter into a local flexibility demonstration 
                agreement under this chapter if that agency is 
                located in a State for which the State 
                educational agency--
                          [(i) has, not later than 4 months 
                        after the date of enactment of the No 
                        Child Left Behind Act of 2001, notified 
                        the Secretary of its intent to apply 
                        for a grant of flexibility authority 
                        under chapter A and, within such period 
                        of time as the Secretary may establish, 
                        is provided with such authority by the 
                        Secretary; or
                          [(ii) has, at any time after such 
                        period, been granted flexibility 
                        authority under chapter A.
  [(c) Required Terms of Local Flexibility Demonstration 
Agreement.--Each local flexibility demonstration agreement 
entered into with the Secretary under this chapter shall 
contain each of the following terms:
          [(1) Duration.--The local flexibility demonstration 
        agreement shall be for a term of 5 years.
          [(2) Application of program requirements.--The local 
        flexibility demonstration agreement shall provide that 
        no requirements of any program described in section 
        6152 and included by a local educational agency in the 
        scope of its agreement shall apply to that agency, 
        except as otherwise provided in this chapter.
          [(3) List of programs.--The local flexibility 
        demonstration agreement shall list which of the 
        programs described in section 6152 are included in the 
        scope of the agreement.
          [(4) Use of funds to improve student achievement.--
        The local flexibility demonstration agreement shall 
        contain a 5-year plan describing how the local 
        educational agency intends to consolidate and use the 
        funds from programs included in the scope of the 
        agreement for any educational purpose authorized under 
        this Act to advance the education priorities of the 
        local educational agency, meet the general purposes of 
        the included programs, improve student achievement, and 
        narrow achievement gaps in accordance with section 
        1111(b).
          [(5) Local input.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will provide parents, 
        teachers, and representatives of schools with notice 
        and an opportunity to comment on the proposed terms of 
        the local flexibility demonstration agreement.
          [(6) Fiscal responsibilities.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will use fiscal control 
        and fund accounting procedures that will ensure proper 
        disbursement of, and accounting for, Federal funds 
        consolidated and used under the agreement.
          [(7) Civil rights.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will meet the requirements 
        of all applicable Federal civil rights laws in carrying 
        out the agreement and in consolidating and using the 
        funds under the agreement.
          [(8) Private school participation.--The local 
        flexibility demonstration agreement shall contain an 
        assurance that the local educational agency agrees that 
        in consolidating and using funds under the agreement--
                  [(A) the local educational agency, will 
                provide for the equitable participation of 
                students and professional staff in private 
                schools consistent with section 9501; and
                  [(B) that sections 9502, 9503, and 9504 shall 
                apply to all services and assistance provided 
                with such funds in the same manner as such 
                sections apply to services and assistance 
                provided in accordance with section 9501.
          [(9) Supplanting.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency will, for the duration of 
        the grant of authority, use funds consolidated under 
        section 6152 only to supplement the amount of funds 
        that would, in the absence of those Federal funds, be 
        made available from non-Federal sources for the 
        education of students participating in programs 
        assisted with the consolidated funds, and not to 
        supplant those funds.
          [(10) Annual reports.--The local flexibility 
        demonstration agreement shall contain an assurance that 
        the local educational agency shall, not later than 1 
        year after the date on which the Secretary enters into 
        the agreement, and annually thereafter during the term 
        of the agreement, disseminate widely to parents and the 
        general public, transmit to the Secretary, and the 
        State educational agency for the State in which the 
        local educational agency is located, distribute to 
        print and broadcast media, and post on the Internet, a 
        report that includes a detailed description of how the 
        local educational agency used the funds consolidated 
        under the agreement to improve student academic 
        achievement and reduce achievement gaps.
  [(d) Peer Review.--The Secretary shall--
          [(1) establish a peer review process to assist in the 
        review of proposed local flexibility demonstration 
        agreements under this chapter; and
          [(2) 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, curriculum, instruction 
        and staff development, and other diverse educational 
        needs of students.
  [(e) Amendment to Performance Agreement.--
          [(1) In general.--In each of the following 
        circumstances, the Secretary shall amend a local 
        flexibility demonstration agreement entered into with a 
        local educational agency under this chapter:
                  [(A) Reduction in scope of local flexibility 
                demonstration agreement.--Not later than 1 year 
                after entering into a local flexibility 
                demonstration agreement, the local educational 
                agency seeks to amend the agreement to remove 
                from the scope any program described in section 
                6152.
                  [(B) Expansion of scope of local flexibility 
                demonstration agreement.--Not later than 1 year 
                after entering into the local flexibility 
                demonstration agreement, a local educational 
                agency seeks to amend the agreement to include 
                in its scope any additional program described 
                in section 6251 or any additional achievement 
                indicators for which the local educational 
                agency will be held accountable.
          [(2) Approval and disapproval.--
                  [(A) Deemed approval.--A proposed amendment 
                to a local flexibility demonstration agreement 
                pursuant to paragraph (1) shall be deemed to be 
                approved by the Secretary unless the Secretary 
                makes a written determination, prior to the 
                expiration of the 120-day period beginning on 
                the date on which the Secretary received the 
                proposed amendment, that the proposed amendment 
                is not in compliance with this chapter.
                  [(B) Disapproval.--The Secretary shall not 
                finally disapprove the proposed amendment, 
                except after giving the local educational 
                agency notice and an opportunity for a hearing.
                  [(C) Notification.--If the Secretary finds 
                that the proposed amendment is not in 
                compliance, in whole or in part, with this 
                chapter, the Secretary shall--
                          [(i) give the local educational 
                        agency notice and an opportunity for a 
                        hearing; and
                          [(ii) notify the local educational 
                        agency of the finding of noncompliance 
                        and, in such notification, shall--
                                  [(I) cite the specific 
                                provisions in the proposed 
                                amendment that are not in 
                                compliance; and
                                  [(II) request additional 
                                information, only as to the 
                                noncompliant provisions, needed 
                                to make the proposed amendment 
                                compliant.
                  [(D) Response.--If the local educational 
                agency responds to the Secretary's notification 
                described in subparagraph (C)(ii) during the 
                45-day period beginning on the date on which 
                the agency received the notification, and 
                resubmits the proposed amendment with the 
                requested information described in subparagraph 
                (C)(ii)(II), the Secretary shall approve or 
                disapprove such proposed amendment prior to the 
                later of--
                          [(i) the expiration of the 45-day 
                        period beginning on the date on which 
                        the proposed amendment is resubmitted; 
                        or
                          [(ii) the expiration of the 120-day 
                        period described in subparagraph (A).
                  [(E) Failure to respond.--If the local 
                educational agency does not respond to the 
                Secretary's notification described in 
                subparagraph (C)(ii) during the 45-day period 
                beginning on the date on which the agency 
                received the notification, such proposed 
                amendment shall be deemed to be disapproved.
          [(3) Treatment of program funds withdrawn from 
        agreement.--Beginning on the effective date of an 
        amendment executed under paragraph (1)(A), each program 
        requirement of each program removed from the scope of a 
        local flexibility demonstration agreement shall apply 
        to the use of funds made available under the program by 
        the local educational agency.]

[SEC. 6152. [20 U.S.C. 7321A] CONSOLIDATION AND USE OF FUNDS.]

  [(a) In General.--
          [(1) Authority.--Under a local flexibility 
        demonstration agreement entered into under this 
        chapter, a local educational agency may consolidate 
        Federal funds made available to the agency under the 
        provisions listed in subsection (b) and use such funds 
        for any educational purpose permitted under this Act.
          [(2) Program requirements.--Except as otherwise 
        provided in this chapter, a local educational agency 
        may use funds under paragraph (1) notwithstanding the 
        program requirements of the program under which the 
        funds were made available to the agency.
  [(b) Eligible Programs.--Program funds made available to 
local educational agencies on the basis of a formula under the 
following provisions may be consolidated and used under 
subsection (a):
          [(1) Subpart 2 of part A of title II.
          [(2) Subpart 1 of part D of title II.
          [(3) Subpart 1 of part A of title IV.
          [(4) Subpart 1 of part A of title V.]

[SEC. 6153. [20 U.S.C. 7321B] LIMITATIONS ON ADMINISTRATIVE 
                    EXPENDITURES.]

  [Each local educational agency that has entered into a local 
flexibility demonstration agreement with the Secretary under 
this chapter may use for administrative purposes not more than 
4 percent of the total amount of funds allocated to the agency 
under the programs included in the scope of the agreement.]

[SEC. 6154. [20 U.S.C. 7321C] PERFORMANCE REVIEW AND PENALTIES.]

  [(a) Midterm Review.--
          [(1) Failure to make adequate yearly progress.--If, 
        during the term of a local flexibility demonstration 
        agreement, a local educational agency fails to make 
        adequate yearly progress for 2 consecutive years, the 
        Secretary shall, after notice and opportunity for a 
        hearing, promptly terminate the agreement.
          [(2) Noncompliance.--The Secretary may, after 
        providing notice and an opportunity for a hearing 
        (including the opportunity to provide information as 
        provided for in paragraph (3)), terminate a local 
        flexibility demonstration agreement under this chapter 
        if there is evidence that the local educational agency 
        has failed to comply with the terms of the agreement.
          [(3) Evidence.--If a local educational agency 
        believes that the Secretary's determination under this 
        subsection is in error for statistical or other 
        substantive reasons, the local educational agency may 
        provide supporting evidence to the Secretary, and the 
        Secretary shall consider that evidence before making a 
        final early termination determination.
  [(b) Final Review.--If, at the end of the 5-year term of a 
local flexibility demonstration agreement entered into under 
this chapter, the local educational agency has not met the 
requirements described in section 6151(c), the Secretary may 
not renew the agreement under section 6155 and, beginning on 
the date on which such term ends, the local educational agency 
shall be required to comply with each of the program 
requirements in effect on such date for each program included 
in the local flexibility demonstration agreement.]

[SEC. 6155. [20 U.S.C. 7321D] RENEWAL OF LOCAL FLEXIBILITY 
                    DEMONSTRATION AGREEMENT.]

  [(a) In General.--Except as provided in section 6154 and in 
accordance with this section, the Secretary shall renew for one 
additional 5-year term a local flexibility demonstration 
agreement entered into under this chapter if the local 
educational agency has met, by the end of the original term of 
the agreement, the requirements described in section 6151(c).
  [(b) Notification.--The Secretary may not renew a local 
flexibility demonstration agreement under this chapter unless, 
not less than 6 months before the end of the original term of 
the agreement, the local educational agency seeking the renewal 
notifies the Secretary of its intention to renew.
  [(c) Effective Date.--A renewal under this section shall be 
effective at the end of the original term of the agreement or 
on the date on which the local educational agency seeking 
renewal provides to the Secretary all data required under the 
agreement, whichever is later.]

[SEC. 6156. [20 U.S.C. 7321E] REPORTS.]

  [(a) Transmittal to Congress.--Not later than 60 days after 
the Secretary receives a report described in section 
6151(b)(10), the Secretary shall make the report available 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.
  [(b) Limitation.--A State in which a local educational agency 
that has a local flexibility demonstration agreement is located 
may not require such local educational agency to provide any 
application information with respect to the programs included 
within the scope of that agreement other than that information 
that is required to be included in the report described in 
section 6151(b)(10).]

     [Subpart 4--State Accountability for Adequate Yearly Progress]

[SEC. 6161. [20 U.S.C. 7325] ACCOUNTABILITY FOR ADEQUATE YEARLY 
                    PROGRESS.]

  [In the case of a State educational agency that has a plan 
approved under subpart 1 of part A of title I after the date of 
enactment of the No Child Left Behind Act of 2001, and has a 
plan approved under subpart 1 of part A of title III of such 
Act after such date of enactment, the Secretary shall annually, 
starting with the beginning of the first school year following 
the first two school years for which such plans were 
implemented, review whether the State has--
          [(1) made adequate yearly progress, as defined in 
        section 1111(b)(2)(B), for each of the groups of 
        students described in section 1111(b)(2)(C)(v); and
          [(2) met its annual measurable achievement objectives 
        under section 3122(a).]

[SEC. 6162. [20 U.S.C. 7325A] PEER REVIEW.]

  [The Secretary shall use a peer review process to review, 
based on data from the State assessments administered under 
section 1111(b)(3) and on data from the evaluations conducted 
under section 3121, whether the State has failed to make 
adequate yearly progress for 2 consecutive years or whether the 
State has met its annual measurable achievement objectives.]

[SEC. 6163. [20 U.S.C. 7325B] TECHNICAL ASSISTANCE.]

  [(a) Provision of Assistance.--
          [(1) Adequate yearly progress.--Based on the review 
        described in section 6161(1), the Secretary shall 
        provide technical assistance to a State that has failed 
        to make adequate yearly progress, as defined in section 
        1111(b)(2), for 2 consecutive years. The Secretary 
        shall provide such assistance not later than the 
        beginning of the first school year that begins after 
        such determination is made.
          [(2) Annual measurable achievement objectives.--Based 
        on the reviews described in section 6161(2), the 
        Secretary may provide technical assistance to a State 
        that has failed to meet its annual measurable 
        achievement objectives under section 3122(a) for 2 
        consecutive years. The Secretary shall provide such 
        assistance not later than the beginning of the first 
        school year that begins after such determination is 
        made.
  [(b) Characteristics.--The technical assistance described in 
subsection (a) shall--
          [(1) be valid, reliable and rigorous; and
          [(2) provide constructive feedback to help the State 
        make adequate yearly progress, as defined in section 
        1111(b)(2), or meet the annual measurable achievement 
        objectives under section 3122(a).]

[SEC. 6164. [20 U.S.C. 7325C] REPORT TO CONGRESS.]

  [Beginning with the school year that begins in 2005, the 
Secretary shall submit an annual 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 containing the following:
          [(1) A list of each State that has not made adequate 
        yearly progress based on the review conducted under 
        section 6161(1).
          [(2) A list of each State that has not met its annual 
        measurable achievement objectives based on the review 
        conducted under section 6161(2).
          [(3) The information reported by the State to the 
        Secretary pursuant to section 1119(a).
          [(4) A description of any technical assistance 
        provided pursuant to section 6163.]

                        PART A--TRANSFERABILITY

SEC. 6101. TRANSFERABILITY OF FUNDS.

  (a) Transfers by States.--
          (1) Authority to transfer.--Except as provided in 
        paragraph (2), in accordance with this part, a State 
        may transfer up to 100 percent of the State funds 
        allotted to the State for a fiscal year for use for 
        State-level activities described in this Act that are 
        carried out as part of a grant program in which funds 
        for the grant are distributed by a formula to 1 or more 
        other State formula grant programs under this Act for 
        such fiscal year.
          (2) Prohibition against transferring funds out 
        certain titles.--A State may not transfer, pursuant to 
        paragraph (1), any funds that originate in title I, 
        III, VII, or VIII out of such respective title.
  (b) Transfers by Local Educational Agencies.--
          (1) Authority to transfer.--Except as provided in 
        paragraph (2), in accordance with this part, a local 
        educational agency may transfer 100 percent of the 
        funds allocated to it for a fiscal year for use for 
        local-level activities described in this Act that are 
        carried out as part of a grant program in which funds 
        for the grant are distributed by a formula to 1 or more 
        other local educational agency formula grant programs 
        under this Act for such fiscal year.
          (2) Prohibition against transferring funds out of 
        certain titles.--A local educational agency may not 
        transfer, pursuant to paragraph (1), any funds that 
        originate in title I, III, VII, or VIII out of such 
        respective title.
          (3) Special rule with respect to rural districts.--
        Except as provided in paragraph (2), a local 
        educational agency that is eligible to receive 
        assistance under part B may transfer 100 percent of the 
        funds allocated to it for a fiscal year for use for 
        local-level activities described in this Act that are 
        carried out as part of a grant program in which funds 
        for the grant are distributed by a formula to 1 or more 
        other local educational agency formula grant programs 
        under this Act for such fiscal year or to carry out 
        activities under a grant program in which funds for the 
        grant are distributed by formula to States.
  (c) Modification of Plans and Applications; Notification.--
          (1) State transfers.--Each State that makes a 
        transfer of funds under this section shall--
                  (A) modify, to account for such transfer, 
                each State plan, or application submitted by 
                the State, to which such funds relate;
                  (B) not later than 30 days after the date of 
                such transfer, submit a copy of such modified 
                plan or application to the Secretary; and
                  (C) not later than 30 days before the 
                effective date of such transfer, notify the 
                Secretary of such transfer.
          (2) Local transfers.--Each local educational agency 
        that makes a transfer of funds under this section 
        shall--
                  (A) modify, to account for such transfer, 
                each local plan, or application submitted by 
                the agency, to which such funds relate;
                  (B) not later than 30 days after the date of 
                such transfer, submit a copy of such modified 
                plan or application to the State; and
                  (C) not later than 30 days before the 
                effective date of such transfer, notify the 
                State of such transfer.
  (d) Applicable Rules.--
          (1) In general.--Except as otherwise provided in this 
        part, funds transferred pursuant to this section are 
        subject to each of the rules and requirements 
        applicable to the funds under the provision--
                  (A) to which the transferred funds are 
                transferred; and
                  (B) from which the transferred funds are 
                transferred.
          (2) Consultation.--Each State educational agency or 
        local educational agency that transfers funds under 
        this section shall conduct consultations in accordance 
        with section 9501, if such transfer transfers funds 
        from a program that provides for the participation of 
        students, teachers, or other educational personnel, 
        from private schools.

                   PART B--RURAL EDUCATION INITIATIVE

SEC. 6201. SHORT TITLE.

   * * *

           *       *       *       *       *       *       *


           Subpart 1--Small, Rural School Achievement Program

[SEC. 6211. [20 U.S.C. 7345] USE OF APPLICABLE FUNDING.]

  [(a) Alternative Uses.--
          [(1) In general.--Notwithstanding any other provision 
        of law, an eligible local educational agency may use 
        the applicable funding that the agency is eligible to 
        receive from the State educational agency for a fiscal 
        year to carry out local activities authorized under any 
        of the following provisions:
                  [(A) Part A of title I.
                  [(B) Part A or D of title II.
                  [(C) Title III.
                  [(D) Part A or B of title IV.
                  [(E) Part A of title V.
          [(2) Notification.--An eligible local educational 
        agency shall notify the State educational agency of the 
        local educational agency's intention to use the 
        applicable funding in accordance with paragraph (1), by 
        a date that is established by the State educational 
        agency for the notification.
  [(b) 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 7 or 8, 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.
  [(c) Applicable Funding Defined.--In this section, the term 
``applicable funding'' means funds provided under any of the 
following provisions:
          [(1) Subpart 2 and section 2412(a)(2)(A) of title II.
          [(2) Section 4114.
          [(3) Part A of title V.
  [(d) 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 this section 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.
  [(e) Applicable Rules.--Applicable funding under this section 
shall be available to carry out local activities authorized 
under subsection (a).]

SEC. [6212]6211. [GRANT]PROGRAM AUTHORIZED.

  (a) In General--The Secretary is authorized 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) Part A or D of title II.
          [(3) Title III.
          [(4) Part A or B of title IV.
          [(5) Part A of title V.]activities consistent with 
        section 6101(b).
  (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 [section 
        6211(b)]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 under the provisions of law described in 
        [section 6211(c)]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.]
          (2) Determination of initial amount.--
                  (A) In general.--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.
                  (B) Appropriation more than $211,723,832.--
                Notwithstanding subparagraph (A), if the 
                appropriation for this part is more than 
                $211,723,832, a grant under this part shall not 
                be less than $25,000, and the initial amount 
                may not exceed $80,000.

           *       *       *       *       *       *       *

  (c) Disbursement.--* * *
  (d) Eligibility.--
          (1) In general.--A local educational agency shall be 
        eligible for a grant under this section 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 or locale 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) each of the schools served by the local 
                educational agency is designated with a school 
                locale code of 33, 41, 42, or 43, as determined 
                by the Secretary; or
                  (B) the agency meets at least 1 of the 
                criteria established in subparagraph (A)(i) and 
                the Secretary, in accordance with paragraph 
                (2), grants the State educational agency's 
                request to waive the criterion described in 
                subparagraph (A)(ii).
          (2) Certification.--The Secretary shall determine 
        whether to waive the criterion described in paragraph 
        (1)(A)(ii) based on a demonstration by the local 
        educational agency, and with the concurrence of the 
        State educational agency, that the local educational 
        agency is located in an area defined as rural by a 
        governmental agency of the State.
  [(d)](e) Special Eligibility Rule.--A local educational 
agency that is eligible to receive a grant under this subpart 
for a fiscal year is not eligible to receive funds for such 
fiscal year under subpart 2.]
          (1) Eligibility.--A local educational agency that is 
        eligible to receive a grant under this subpart for a 
        fiscal year shall be eligible to receive funds for such 
        fiscal year under subpart 2.
          (2) Limitation on receipt of grants.--A local 
        educational agency may receive grant funding under 
        subpart 1 or subpart 2, but may not receive grant 
        funding under both such subparts.

           *       *       *       *       *       *       *


[SEC. [6213]6212. ACCOUNTABILITY.]

  [(a) Academic Achievement Assessment.--Each local educational 
agency that uses or receives funds under this subpart for a 
fiscal year shall administer an assessment that is consistent 
with section 1111(b)(3).
  [(b) Determination Regarding Continuing Participation.--Each 
State educational agency that receives funding under the 
provisions of law described in section 6211(c) shall--
          [(1) after the third year that a local educational 
        agency in the State participates in a program under 
        this subpart and on the basis of the results of the 
        assessments described in subsection (a), determine 
        whether the local educational agency participating in 
        the program made adequate yearly progress, as described 
        in section 1111(b)(2);
          [(2) permit only those local educational agencies 
        that participated and made adequate yearly progress, as 
        described in section 1111(b)(2), to continue to 
        participate; and
          [(3) permit those local educational agencies that 
        participated and failed to make adequate yearly 
        progress, as described in section 1111(b)(2), to 
        continue to participate only if such local educational 
        agencies use applicable funding under this subpart to 
        carry out the requirements of section 1116.]

SEC. 6212. ACADEMIC ACHIEVEMENT ASSESSMENTS.

  Each local educational agency that uses or receives funds 
under this subpart for a fiscal year shall administer 
assessments that are consistent with section 1111(a)(2).

           *       *       *       *       *       *       *


             Subpart 2--Rural and Low-Income School Program

SEC. 6221. PROGRAM AUTHORIZED.

  (a) Grants to States.--
          (1) In general.--From amounts appropriated [under 
        section 6234 for]to carry out this subpart for a fiscal 
        year that are not reserved under subsection (c), the 
        Secretary shall award grants (from allotments made 
        under paragraph (2)) for the fiscal year to State 
        educational agencies that have applications submitted 
        under section 6223 approved to enable the State 
        educational agencies to award grants to eligible local 
        educational agencies for local authorized activities 
        described in section 6222(a).

           *       *       *       *       *       *       *

  (b) Local Awards.--
          (1) Eligibility.--A local educational agency shall be 
        eligible to receive a grant under this subpart if--
                  (A) * * *
                  (B) all of the schools served by the agency 
                are designated with a school locale code of [6, 
                7, or 8]33, 41, 42, or 43, as determined by the 
                Secretary.

           *       *       *       *       *       *       *

  (c) Reservations.--From amounts appropriated [under section 
6234 for]to carry out this subpart 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 Affairs]Bureau of 
        Indian Education, to carry out the activities 
        authorized under this subpart; and

           *       *       *       *       *       *       *


SEC. 6222. USES OF FUNDS.

  [(a) Local Awards.--Grant funds awarded to local educational 
agencies under this subpart shall be used for any of the 
following:
          [(1) Teacher recruitment and retention, including the 
        use of signing bonuses and other financial incentives.
          [(2) Teacher professional development, including 
        programs that train teachers to utilize technology to 
        improve teaching and to train special needs teachers.
          [(3) Educational technology, including software and 
        hardware, as described in part D of title II.
          [(4) Parental involvement activities.
          [(5) Activities authorized under the Safe and Drug-
        Free Schools program under part A of title IV.
          [(6) Activities authorized under part A of title I.
          [(7) Activities authorized under title III.]
  (a) Local Awards.--Grant funds awarded to local educational 
agencies under this subpart shall be used to carry out local-
level activities consistent with section 6101(b).

           *       *       *       *       *       *       *


SEC. 6224. ACCOUNTABILITY.

  (a) State Report.--* * *

           *       *       *       *       *       *       *

  (c) 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]the authorizing 
committees a biennial report. The report shall describe--
          (1) the methods the State educational agencies used 
        to award grants to eligible local educational agencies, 
        and to provide assistance to schools, under this 
        subpart;
          [local educational agencies and schools](2) how local 
        educational agencies and schools used funds provided 
        under this subpart; and

           *       *       *       *       *       *       *

  (d) Academic Achievement [Assessment]Assessments.--Each local 
educational agency or specially qualified agency that receives 
a grant under this subpart for a fiscal year shall administer 
[an assessment that is consistent with section 
1111(b)(3)]assessments that are consistent with section 
1111(a)(2).
  [(e) Determination Regarding Continuing Participation.--Each 
State educational agency or specially qualified agency that 
receives a grant under this subpart shall--
          [(1) after the third year that a local educational 
        agency or specially qualified agency in the State 
        receives funds under this subpart, and on the basis of 
        the results of the assessments described in subsection 
        (d)--
                  [(A) in the case of a local educational 
                agency, determine whether the local educational 
                agency made adequate yearly progress, as 
                described in section 1111(b)(2); and
                  [(B) in the case of a specially qualified 
                agency, submit to the Secretary information 
                that would allow the Secretary to determine 
                whether the specially qualified agency has made 
                adequate yearly progress, as described in 
                section 1111(b)(2);
          [(2) permit only those local educational agencies or 
        specially qualified agencies that made adequate yearly 
        progress, as described in section 1111(b)(2), to 
        continue to receive grants under this subpart; and
          [(3) permit those local educational agencies or 
        specially qualified agencies that failed to make 
        adequate yearly progress, as described in section 
        1111(b)(2), to continue to receive such grants only if 
        the State educational agency disbursed such grants to 
        the local educational agencies or specially qualified 
        agencies to carry out the requirements of section 
        1116.]

                     Subpart 3--General Provisions

SEC. 6231. CHOICE OF PARTICIPATION.

  If a local educational agency is eligible for funding under 
subpart 1 and subpart 2 of this part, such local educational 
agency may choose to participate in either subpart 1 or subpart 
2.

SEC. [6231]6232. ANNUAL AVERAGE DAILY ATTENDANCE DETERMINATION.

  (a) Census Determination.--Each local educational agency 
desiring a grant under section [6212]6211 and each local 
educational agency or specially qualified agency desiring a 
grant under subpart 2 shall--

           *       *       *       *       *       *       *

  (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 6212 or 
subpart 2]under this part, then the agency shall be fined an 
amount equal to twice the difference between the amount the 
agency received [under this section]under this part and the 
correct amount the agency would have received [under section 
6212 or subpart 2]under this part if the agency had submitted 
accurate information under subsection (a).

           *       *       *       *       *       *       *


SEC. [6232]6233. SUPPLEMENT, NOT SUPPLANT.

  Funds made available under [subpart 1 or subpart 2]this part 
shall be used to supplement, and not supplant, any other 
Federal, State, or local education funds.

           *       *       *       *       *       *       *


SEC. [6233]6234. RULE OF CONSTRUCTION.

           *       *       *       *       *       *       *


[SEC. 6234. [20 U.S.C. 7355C] AUTHORIZATION OF APPROPRIATIONS.]

  [There are authorized to be appropriated to carry out this 
part $300,000,000 for fiscal year 2002 and such sums as may be 
necessary for each of the 5 succeeding fiscal years, to be 
distributed equally between subparts 1 and 2.]

                      [PART C--GENERAL PROVISIONS]

[SEC. 6301. [20 U.S.C. 7371] 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, as a condition of eligibility to receive funds 
under this Act.]

[SEC. 6302. [20 U.S.C. 7372] ]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 VII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                        PART A--INDIAN EDUCATION

SEC. 7101. STATEMENT OF POLICY.

  * * *

           *       *       *       *       *       *       *


[SEC. 7102. [20 U.S.C. 7402] 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.]

SEC. 7102. PURPOSE.

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

           *       *       *       *       *       *       *


        Subpart 1--Formula Grants to Local Educational Agencies

[SEC. 7111. [20 U.S.C. 7421] 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. 7111. PURPOSE.

  It is the purpose of this subpart to support local 
educational agencies in developing elementary school and 
secondary school programs that are designed to--
          (1) meet the unique cultural, language, and 
        educational needs of Indian students; and
          (2) ensure that all students meet the college and 
        career ready student academic achievement standards 
        adopted under section 1111(a)(1).

           *       *       *       *       *       *       *


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]Indian tribes, and tribal 
organizations, in accordance with this section and section 
7113.
  (b) Local Educational Agencies.--
          (1) Enrollment requirements.--* * *
          (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]an Indian 
        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.]
  (c) Indian Tribes and Tribal Organizations.--
          (1) In general.--If a local educational agency that 
        is otherwise eligible for a grant under this subpart 
        does not establish a committee under section 7114(c)(5) 
        for such grant, an Indian tribe, a tribal organization 
        (as defined for purposes of this title by section 4 of 
        the Indian Self Determination and Education Act (25 
        U.S.C. 450b)), or a consortium of such entities that 
        represents not less than one-third of the eligible 
        Indian children who are served by such local 
        educational agency may apply for such grant.
          (2) Special rule.--
                  (A) In general.--The Secretary shall treat 
                each Indian tribe, tribal organization, or 
                consortium of such entities applying for a 
                grant pursuant to paragraph (1) as if such 
                entity were a local educational agency for 
                purposes of this subpart.
                  (B) Exceptions.--Notwithstanding subparagraph 
                (A), such Indian tribe, tribal organization, or 
                consortium shall not be subject to the 
                requirements of subsections (b)(9) or (c)(5) of 
                section 7114 or section 7118(c).
          (3) Eligibility.--If more than 1 Indian tribe, tribal 
        organization, or consortium of such entities qualify 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.
          (4) Unaffiliated indian tribes.--An Indian tribe that 
        operates a school and is not affiliated with either the 
        local educational agency or the Bureau of Indian 
        Education, shall be eligible to apply for a grant under 
        this subpart.
          (5) Assurance to serve all indian children.--An 
        Indian tribe, tribal organization, or consortium of 
        such entities that qualifies to apply for a grant under 
        paragraph (1) shall provide in the application an 
        assurance that the entity will use the grant funds to 
        provide services to all Indian students served by the 
        local educational agency.

           *       *       *       *       *       *       *


SEC. 7113. AMOUNT OF GRANTS.

  (a) Amount of Grant Awards.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (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]Bureau of Indian Education 
        that is eligible for a grant under subsection (d), that 
        submits an application that is approved by the 
        Secretary, shall, subject to appropriations, receive a 
        grant under this subpart in an amount that is not less 
        than $3,000.
          (2) Consortia.--Local educational agencies may form a 
        consortium with other local educational agencies, 
        Indian tribes, or tribal organizations for the purpose 
        of obtaining grants and operating programs under this 
        subpart.

           *       *       *       *       *       *       *

  (d) Schools Operated or Supported by the [Bureau of Indian 
Affairs]Bureau of Indian Education--
          (1) In general.--* * *
                  (A) * * *
                          (i) [the Bureau of Indian Affairs]the 
                        Bureau of Indian Education; or

           *       *       *       *       *       *       *

          (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 7114(c)(5), section 
        7118(c), or section 7119.
  (e) Ratable Reductions.--If the sums appropriated for any 
fiscal year [under section 7152(a)]to carry out this subpart 
are insufficient to pay in full the amounts determined for 
local educational agencies under subsection (a)(1) and for the 
Secretary of the Interior under subsection (d), each of those 
amounts shall be ratably reduced.

           *       *       *       *       *       *       *


SEC. 7114. APPLICATIONS.

  (a) Application Required.--* * *
  (b) Comprehensive Program Required.--* * *
          (1) * * *
          (2)(A) [is consistent with]supports the State, 
        tribal, and local plans submitted under other 
        provisions of this Act; and
          (B) includes academic content and student academic 
        achievement goals for such children, and benchmarks for 
        attaining [such goals, that are based on the 
        challenging State academic content and student academic 
        achievement standards adopted under title I for all 
        children;]such goals, to ensure such students meet the 
        same college and career ready State academic 
        achievement standards under section 1111(a)(1) 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;]
          (3) explains how the local educational agency will 
        use the funds made available under this subpart to 
        supplement other Federal, State, and local programs 
        that meet the needs of such students;

           *       *       *       *       *       *       *

          (5) * * *
                  (A) * * *
                  (B) all teachers who will be involved in 
                programs assisted under this subpart have been 
                properly trained to carry out such programs; 
                [and]

           *       *       *       *       *       *       *

          (6) * * *
                  (A) * * *
                  (B) will provide the results of each 
                assessment referred to in subparagraph (A) to--
                          (i) the committee described in 
                        [subsection (c)(4)]subsection (c)(5); 
                        and
                          [(ii) the community served by the 
                        local educational agency; and)]
                          (ii) the 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)[.];
          (7) provides an assurance that the local educational 
        agency will coordinate activities under this title with 
        other Federal programs supporting educational and 
        related services administered by such agency;
          (8) provides an assurance that the local educational 
        agency conducted outreach to parents and family members 
        to meet the requirements under subsection (c)(5); and
          (9) describes--
                  (A) the formal process the local educational 
                agency used to collaborate with Indian tribes 
                located in the community in the development of 
                the comprehensive programs; and
                  (B) the actions taken as a result of the 
                collaboration.
  (c) Assurances.--* * *
          (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]services and activities 
        consistent with those described in this subpart, and 
        not to supplant such funds;
          (2) the local educational agency will use funds 
        received under this subpart only for activities 
        described and authorized under this subpart;
          [(2)](3) the local educational agency will prepare 
        and submit to the Secretary such reports, in such form 
        and containing such information, as the Secretary may 
        require to--
                  (A) * * *
                  (B) determine the extent to which activities 
                carried out with funds provided to the local 
                educational agency under this subpart are 
                effective, as measured by the State academic 
                assessments required under section 1111(a)(2), 
                high school graduation rates, and other 
                academic outcomes as appropriate, in improving 
                the educational achievement of Indian students 
                served by such agency;
          [(3)](4) the program for which assistance is sought--
                  (A) * * *

           *       *       *       *       *       *       *

                  (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)](5) * * *
                  (A) * * *
                          (i) parents and family members of 
                        Indian children in the local 
                        educational agency's schools;

           *       *       *       *       *       *       *

                  (B) a majority of whose members are parents 
                and family members 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 and family members of the children, and 
                representatives of the area, to be served;
                  (D) * * *
                          (i) * * *
                          (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[.];
                  (F) that shall determine the extent to which 
                the activities of the local educational agency 
                will address the unique cultural, language, and 
                education needs of Indian students; and
                  (G) that shall determine the extent to which 
                grant funds will directly enhance the 
                educational experiences of American Indian 
                students.

           *       *       *       *       *       *       *


SEC. 7115. AUTHORIZED SERVICES AND ACTIVITIES.

  (a) General Requirements.--* * *
          (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) solely for the services and activities 
        described in such application;
          (2) * * *
          (3) * * *
  (b) Particular Activities.--The services and activities 
referred to in subsection (a) may include--
          (1) activities that support Native American language 
        immersion programs and Native American language 
        restoration programs, which may be taught by 
        traditional leaders;
          [(1)](2) * * *
          [(2)](3) [early childhood]high-quality early care and 
        education and family programs that emphasize school 
        readiness;
          [(3)](4) enrichment programs that focus on problem 
        solving and cognitive skills development and directly 
        support the attainment of [challenging State academic 
        content and student academic achievement 
        standards]college and career ready State academic 
        content and student academic achievement standards 
        under section 1111(a);
          [(4)](5) integrated educational services in 
        combination with other programs that meet the needs of 
        Indian children and their families;]
          (5) programs that promote parent, family, and tribal 
        engagement to meet the unique needs of Indian and 
        Alaska Native children;
          [(5)](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, including programs for 
        tech-prep education, mentoring, and apprenticeship;
          [(6)](7) activities to educate individuals concerning 
        substance abuse and to prevent substance abuse;]
          (7) activities to educate individuals so as to 
        prevent violence, suicide, and substance abuse;
          [(7)](8) * * *
          [(8)](9) * * *
          [(9)](10) 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) activities that incorporate culturally and 
        linguistically relevant curriculum content into 
        classroom instruction that is responsive to the unique 
        learning styles of Indian and Alaska Native children to 
        ensure that such children are better able to meet the 
        student academic achievement standards, consistent with 
        section 1111(a);
          [(10)](11) family literacy services; and]
          (11) family literacy activities;
          [(11)](12) activities that recognize and support the 
        unique cultural and educational needs of Indian 
        children, and incorporate appropriately [qualified 
        tribal elders and seniors.]traditional leaders; and
          (13) dropout prevention strategies, and strategies--
                  (A) to meet the educational needs of at-risk 
                Indian students in correctional facilities; and
                  (B) to support Indian students who are 
                transitioning from such facilities to schools 
                served by local educational agencies.
  (c) Schoolwide Programs.--* * *
          (1) the committee established pursuant to [section 
        7114(c)(4)]section 7114(c)(5) approves the use of the 
        funds for the schoolwide program; and

           *       *       *       *       *       *       *

  (e) Limitation on Use of Funds.--Funds provided to a grantee 
under this subpart may not be used for long-distance travel 
expenses for training activities available locally or 
regionally.

           *       *       *       *       *       *       *


SEC. 7116. INTEGRATION OF SERVICES AUTHORIZED.

  (a) Plan.--* * *

           *       *       *       *       *       *       *

  (d) Plan Requirements.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (9) be approved by a committee formed in accordance 
        with [section 7114(c)(4)]section 7114(c)(5), if such a 
        committee exists.

           *       *       *       *       *       *       *

  (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 Elementary and Secondary Education 
Reauthorization Act of 2011, the Secretary of Education, the 
Secretary of the Interior, the Secretary of Health and Human 
Services, and the head of any other Federal department or 
agency identified by the Secretary of Education, shall enter 
into an interdepartmental memorandum of agreement providing for 
the implementation and coordination of the demonstration 
projects authorized under this section. The lead agency head 
for a demonstration project under this section shall be--
          (1) * * *

           *       *       *       *       *       *       *

  [(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.]
  (o) Report on Statutory Obstacles to, and Best Practices for, 
Program Integration.--
          (1) In general.--Not later than 3 years after the 
        date of enactment of the Elementary and Secondary 
        Education Reauthorization Act of 2011, the Secretary of 
        Education shall submit a report to the authorizing 
        committees, the Committee on Indian Affairs of the 
        Senate, and the Committee on Natural Resources of the 
        House of Representatives on the results 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 integrate more effectively 
                their education and related services to Indian 
                students in a manner consistent with the 
                objectives of this section; and
                  (B) the best practices for program 
                integration that result in increased student 
                proficiency, graduation rates, and other 
                relevant academic outcomes for Indian and 
                Alaska Native students.

           *       *       *       *       *       *       *


SEC. 7117. STUDENT ELIGIBILITY FORMS.

  (a) In General.--* * *
  (b) Forms.--The form described in subsection (a) shall 
include--
          (1) either--
                  (A)(i) * * *
                  (ii) the enrollment or membership number 
                establishing the membership of the child (if 
                readily available); and

           *       *       *       *       *       *       *

                  (B) the name, the enrollment or membership 
                number (if readily available), and the name and 
                address of the organization responsible for 
                maintaining updated and accurate membership 
                data, of any parent or grandparent of the child 
                from whom the child claims eligibility under 
                this subpart, if the child is not a member of 
                the tribe or band of Indians (as so defined);

           *       *       *       *       *       *       *

  [(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).]
  (d) Forms and Standards of Proof.--
          (1) Types of proof.--For purposes of determining 
        whether a child is eligible to be counted for the 
        purpose of computing the amount of a grant award under 
        section 7113, the membership of the child, or any 
        parent or grandparent of the child, in a tribe or 
        tribal organization may be established by proof other 
        than an enrollment number, notwithstanding the 
        availability of an enrollment number for a member of 
        such tribe or tribal organization.
          (2) Previously filed forms.--An Indian student 
        eligibility form that was on file as required by this 
        section on the day before the date of enactment of the 
        Elementary and Secondary Education Reauthorization Act 
        of 2011 and that met the requirements of this section, 
        as this section was in effect on the day before the 
        date of enactment of such Act, shall remain valid for 
        such Indian student.
  [(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)](e) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


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

SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN 
                    AND YOUTH.

  (a) Purpose.--
          (1) In general.--It is the purpose of this section to 
        support projects to develop, test, and demonstrate the 
        effectiveness of services and programs to improve 
        educational opportunities and achievement of Indian 
        children and youth.
          (2) Coordination.--* * *
                  (A) * * *
                  (B) other Federal programs operated for the 
                benefit of American Indian and Alaska Native 
                children and youth.

           *       *       *       *       *       *       *

  (c) Grants Authorized.--
          (1) In general.--* * *
                  (A) innovative programs related to the 
                educational needs of educationally 
                disadvantaged children and youth;
                  (B) educational services that are not 
                available to such children and youth in 
                sufficient quantity or quality, including 
                remedial instruction, to raise the achievement 
                of Indian children and youth 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, emotional, and 
                psychological problems of Indian children and 
                youth;
                  (E) special compensatory and other programs 
                and projects designed to assist and encourage 
                Indian children and youth to enter, remain in, 
                or reenter school, and to increase the rate of 
                high school graduation for Indian children and 
                youth;
                  (F) * * *
                  [(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 and youth with 
                disabilities;]
                  (G) high-quality early childhood education 
                and care programs that are effective in 
                preparing young children to be on track for 
                college and career readiness by the end of 
                grade 3, including kindergarten and 
                prekindergarten programs, family-based 
                preschool programs that emphasize school 
                readiness, screening and referral, and the 
                provision of services to Indian children and 
                youth with disabilities;
                  (H) * * *

           *       *       *       *       *       *       *

                  (K) [family literacy services]family literacy 
                activities;
                  (L) activities that recognize and support the 
                unique cultural and educational needs of Indian 
                children and youth, and incorporate 
                appropriately [qualified tribal elders and 
                seniors; or]traditional leaders;
                  (M) other services that meet the purpose 
                described in this section[.]; or
                  (N) other services that meet the purpose 
                described in this section.
          (2) Professional development.--[Professional 
        development of]High-quality 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.--* * *

           *       *       *       *       *       *       *

                  (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]award grants for an 
                initial period of not more than 3 years and may 
                renew such grants for not more than an 
                additional 2 years if the Secretary 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.

           *       *       *       *       *       *       *

          (3) Application.--
                  (A) In general.--* * *
                  (B) Contents.--* * *
                          (i) a description of how [parents of 
                        Indian children and representatives of 
                        Indian tribes]family members of Indian 
                        children and youth and official 
                        representatives designated by the 
                        Indian tribes have been, and will be, 
                        involved in developing and implementing 
                        the activities for which assistance is 
                        sought;

           *       *       *       *       *       *       *

                          (iii) [information]evidence 
                        demonstrating that the proposed program 
                        for the activities is a [scientifically 
                        based]evidence-based research program, 
                        where applicable, which may include a 
                        program that has been modified to be 
                        culturally appropriate for students who 
                        will be served;
  (e) Administrative Costs.--* * *
  (f) Continuation.--Notwithstanding any other provision of 
this section, a grantee that is carrying out activities 
pursuant to a grant awarded under this section prior to the 
date of enactment of the Elementary and Secondary Education 
Reauthorization Act of 2011 may continue to carry out such 
activities under such grant in accordance with the terms of 
that grant award.

           *       *       *       *       *       *       *


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]
          (1) to increase the number of qualified Indian 
        teachers and administrators serving Indian students;
          (2) to recruit and provide training and support to 
        qualified Indian individuals to enable such individuals 
        to become highly rated teachers or administrators; and

           *       *       *       *       *       *       *

  (d) Authorized Activities.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (3) Continuation.--Notwithstanding any other 
        provision of this section, a grantee that is carrying 
        out activities pursuant to a grant awarded under this 
        section prior to the date of enactment of the 
        Elementary and Secondary Education Reauthorization Act 
        of 2011 may continue to carry out such activities under 
        such grant in accordance with the terms of that award.
  [(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.]
  (e) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at 
such time, in such manner, and accompanied by such information, 
as the Secretary may reasonably require. At a minimum, an 
application under this section shall describe how the eligible 
entity will--
          (1) recruit qualified Indian individuals, such as 
        students who may not be of traditional college age, to 
        become teachers or principals;
          (2) use funds made available under the grant to 
        support the recruitment, preparation, and professional 
        development of Indian teachers or principals in local 
        educational agencies that serve a high proportion of 
        Indian students; and
          (3) assist participants in meeting the requirements 
        under subsection (h).

           *       *       *       *       *       *       *

  [(g) Grant Period.--Each grant under this section shall be 
awarded for a period of not more than 5 years.]
  (g) Grant Period.--The Secretary shall award grants under 
this section for an initial period of not more than 3 years, 
and may renew such grants for not more than an additional 2 
years if the Secretary finds that the grantee is achieving the 
objectives of the grant.
  (h) Service Obligation.--
          (1) In general.--* * *
                  (A) perform work--
                          (i) * * *
                          [(ii) that benefits Indian people; or 
                        ]
                          (ii) in a local educational agency 
                        that serves a high proportion of Indian 
                        students; or

           *       *       *       *       *       *       *


                     Subpart 3--National Activities

SEC. 7131. NATIONAL RESEARCH ACTIVITIES.

  (a) Authorized Activities.--The Secretary may use funds made 
available [under section 7152(b)]to carry out this subpart for 
each fiscal year to--
          (1) conduct research related to effective approaches 
        for [the education]improving the academic achievement 
        and development of Indian children and adults;
          [(2) evaluate federally assisted education programs 
        from which Indian children and adults may benefit;]
          [(3)](2) collect and analyze data on the educational 
        status and needs of [Indians; and]Indian students;
          (3) provide technical assistance and logistical 
        support to grantees under this subpart; and

           *       *       *       *       *       *       *

  [(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.]
  (c) Coordination.--Research activities supported under this 
section--
          (1) shall be coordinated with appropriate offices 
        within the Department; and
          (2) may include collaborative research activities 
        that are jointly funded and carried out by the Bureau 
        of Indian Education and the Institute of Education 
        Sciences.

[SEC. 7132. [20 U.S.C. 7452] 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. [20 U.S.C. 7453] 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. [20 U.S.C. 7454] 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. [20 U.S.C. 7455] 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. [20 U.S.C. 7456] 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.]

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

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

SEC. 7133. IMPROVING STATE AND TRIBAL EDUCATIONAL AGENCY COLLABORATION.

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

           *       *       *       *       *       *       *


                   Subpart 4--Federal Administration

SEC. 7141. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

  (a) Membership.--* * *

           *       *       *       *       *       *       *

  (b) Duties.--The Council shall--
          (1) advise the Secretary and the Secretary of the 
        Interior 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) * * *

           *       *       *       *       *       *       *


       Subpart 5--Definitions[; Authorizations of Appropriations]

SEC. 7151. DEFINITIONS.

  For the purposes of this part:
          (1) Adult.--* * *

           *       *       *       *       *       *       *

          [(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)](2) Indian.--* * *

           *       *       *       *       *       *       *

          (3) Traditional leaders.--The term ``traditional 
        leaders'' has the meaning given the term in the Native 
        American Languages Act of 1990 (25 U.S.C. 2902).

           *       *       *       *       *       *       *


[SEC. 7152. [20 U.S.C. 7492] 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]NATIVE HAWAIIAN EDUCATION; ALASKA 
                            NATIVE EDUCATION

                  Subpart 1_Native Hawaiian Education

SEC. 7201. SHORT TITLE.

  This [part]subpart may be cited as the ``Native Hawaiian 
Education Act''.

           *       *       *       *       *       *       *


[SEC. 7202. [20 U.S.C. 7512] 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 
        no ke 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. 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) 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.
          (3) 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.).
          (4) In 1993, 2005, and 2009 the Kamehameha Schools 
        Bishop Estate released an updated 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) Native Hawaiian students continue to 
                begin their school experience lagging behind 
                other students in terms of readiness factors 
                such as vocabulary test scores;
                  (B) Native Hawaiian students continue to 
                score below national norms on standardized 
                education achievement tests at all grade 
                levels;
                  (C) 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;
                  (D) Native Hawaiian students continue to be 
                overrepresented among students qualifying for 
                special education programs provided to students 
                with learning disabilities, mild mental 
                retardation, emotional impairment, and other 
                such disabilities;
                  (E) Native Hawaiians continue to be 
                underrepresented in institutions of higher 
                education and among adults who have completed 4 
                or more years of college; and
                  (F) Native Hawaiians continue to be 
                disproportionately represented in many negative 
                social and physical statistics indicative of 
                special educational needs.
          (5) Native Hawaiian students served by the State of 
        Hawaii Department of Education has risen from 20 
        percent in 1980 to 26 percent in 2008, and there are 
        and will continue to be geographically rural, isolated 
        areas with a high Native Hawaiian population density.
          (6) Despite the consequences of more than 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.
          (7) 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. [20U.S.C. 7513] 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. 7203. PURPOSES.

  The purposes of this subpart are to--
          (1) develop, implement, assess, expand, and evaluate 
        innovative educational programs, Native Hawaiian 
        language medium programs, Native Hawaiian culture-based 
        education programs, and other education programs to 
        improve the academic achievement of Native Hawaiian 
        students by meeting their unique cultural and language 
        needs to help such students meet college and career 
        ready State academic content and student academic 
        achievement standards adopted under section 1111(a)(1);
          (2) provide guidance to appropriate Federal, State, 
        and local agencies to more effectively and efficiently 
        focus resources, including resources made available 
        under this subpart, on the development and 
        implementation of--
                  (A) innovative educational programs for 
                Native Hawaiian students;
                  (B) rigorous and substantive Native Hawaiian 
                language programs; and
                  (C) Native Hawaiian culture-based educational 
                programs; and
          (3) create a system by which information from 
        programs funded under this subpart will be collected, 
        analyzed, evaluated, reported, and used in decision 
        making activities with respect to the types of grants 
        awarded under this subpart.

[SEC. 7204. [20 U.S.C. 7514] 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. 7204. NATIVE HAWAIIAN EDUCATION COUNCIL.

  (a) Establishment of Native Hawaiian Education Council.--In 
order to better effectuate the purposes of this subpart through 
the coordination of educational and related services and 
programs available to Native Hawaiian students, including those 
programs receiving funding under this subpart, the Secretary 
shall establish a Native Hawaiian Education Council (referred 
to in this subpart as the ``Education Council'').
  (b) Composition.--
          (1) In general.--The Education Council shall consist 
        of 15 members of whom--
                  (A) 1 shall be the President of the 
                University of Hawaii (or a designee);
                  (B) 1 shall be the Governor of the State of 
                Hawaii (or a designee);
                  (C) 1 shall be the Superintendent of the 
                State of Hawaii Department of Education (or a 
                designee);
                  (D) 1 shall be the chairperson of the Office 
                of Hawaiian Affairs (or a designee);
                  (E) 1 shall be the executive director of the 
                Hawaii Charter School Network (or a designee);
                  (F) 1 shall be the chief executive officer of 
                the Kamehameha Schools (or a designee);
                  (G) 1 shall be the chairperson of the Queen 
                Liliuokalani Trust (or a designee);
                  (H) 1 shall be a member, selected by the 
                other members of the Education Council, who 
                represents a private grant making entity (or a 
                designee);
                  (I) 1 shall be the mayor of the County of 
                Hawaii (or a designee);
                  (J) 1 shall be the Mayor of Maui County (or a 
                designee from the Island of Maui);
                  (K) 1 shall be the Mayor of the County of 
                Kauai (or a designee);
                  (L) 1 shall be appointed by the Mayor of Maui 
                County from the Island of either Molokai or 
                Lanai;
                  (M) 1 shall be the Mayor of the City and 
                County of Honolulu (or a designee);
                  (N) 1 shall be the Chairperson of the 
                Hawaiian Homes Commission (or a designee); and
                  (O) 1 shall be the Chairperson of the Hawaii 
                Workforce Development Council (or a designee 
                representing the private sector).
          (2) Limitation.--A member of the Education Council, 
        including a designee, may not receive, as an 
        individual, grant funds awarded under this subpart 
        while serving on the Education Council.
  (c) Chair, Vice Chair.--
          (1) Selection.--The Education Council shall select a 
        Chair and Vice Chair from among the members of the 
        Education Council.
          (2) Service.--The Chair and Vice Chair selected under 
        paragraph (1) shall each serve for one 2-year term.
  (d) Native Hawaiian Education Council Grant.--The Secretary 
shall make a grant to the Education Council to carry out the 
following activities:
          (1) Coordinate the educational and related services 
        and programs available to Native Hawaiian students, 
        including the programs assisted under this subpart.
          (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 subpart, relating to Native 
        Hawaiian student education, and serve, where 
        appropriate, in an advisory capacity.
          (4) Make direct grants and subgrants, if such grants 
        and subgrants would enable the Education Council to 
        carry out the duties of the Education Council, as 
        described in paragraphs (1) through (3).
          (5) Hire an executive director who shall, through the 
        Education Council, execute the duties and powers of the 
        Education Council as described in subsection (e).
  (e) Duties and Powers of the Education Council.--The 
Education Council shall--
          (1) obtain from the Secretary information regarding 
        grants awarded under this subpart;
          (2) provide technical assistance to Native Hawaiian 
        organizations that are grantees or potential grantees 
        under this subpart;
          (3) assess and define the educational needs of Native 
        Hawaiian students;
          (4) assess the programs and services currently 
        available to address the educational needs of Native 
        Hawaiian students;
          (5) assess and evaluate the individual and aggregate 
        impact achieved by grantees in improving Native 
        Hawaiian educational performance and meeting the goals 
        of this subpart;
          (6) prepare and submit to the Secretary, before the 
        end of each calendar year, annual reports that 
        contain--
                  (A) a description of the activities of the 
                Education Council during the preceding calendar 
                year;
                  (B) recommendations of the Education Council, 
                if any, regarding priorities established under 
                section 7205(b);
                  (C) significant barriers to achieving the 
                goals under this part;
                  (D) a summary of each community consultation 
                session, as described in subsection (f);
                  (E) recommendations to establish funding 
                priorities based on an assessment of--
                          (i) the educational needs of Native 
                        Hawaiians;
                          (ii) programs and services currently 
                        available to address such needs, 
                        including the effectiveness of such 
                        programs in improving educational 
                        performance of Native Hawaiians; and
                          (iii) priorities for funding in 
                        specific geographic communities; and
          (7) hold annual community consultations as described 
        in subsection (f).
  (f) Community Consultations.--
          (1) In general.--The Education Council shall hold not 
        less than 1 community consultation each year on each of 
        the Islands of Hawaii, Maui, Molokai, Lanai, Oahu, and 
        Kauai--
                  (A) which not less than 3 members of the 
                Education Council shall attend;
                  (B) at which the Education Council shall 
                gather community input regarding--
                          (i) entities that are, at the time of 
                        the community consultation, receiving a 
                        grant under this subpart;
                          (ii) priorities and needs;
                          (iii) other Native Hawaiian 
                        educational issues; and
                  (C) at which the Education Council shall 
                report to the community on the outcomes of the 
                grants awarded under this subpart.
          (2) Support for community consultations.--The 
        Education Council may, from funds made available under 
        section 7205(h)(1), provide such financial support to 
        the community consultations described in paragraph (1) 
        as the Education Council determines to be appropriate.
  (g) Administrative Provisions Relating to Education 
Council.--The Education Council shall meet at the call of the 
Chair of the Council, or upon request by a majority of the 
members of the Education Council, but in any event not less 
often than every 120 days.
  (h) Funding.--
          (1) In general.--For each fiscal year, the Secretary 
        shall provide to the Education Council (including 
        through grants and contracts) the amount described in 
        section 7205(h)(1), to remain available until expended.
          (2) No compensation.--Each member of the Education 
        Council, and each member of a community consultation or 
        other working group established by the Education 
        Council, shall serve without compensation.
  (i) Report.--Not later than 2 years after the date of 
enactment of the Elementary and Secondary Education 
Reauthorization Act of 2011, the Secretary shall prepare and 
submit to the Committee on Indian Affairs and the authorizing 
committees a report that--
          (1) summarizes the annual reports of the Education 
        Council;
          (2) describes the allocation and use of funds under 
        this subpart and the information gathered since the 
        first annual report submitted by the Education Council 
        to the Secretary under this section; and
          (3) contains recommendations for changes in Federal, 
        State, and local policy to advance the purposes of this 
        subpart.
  (j) Federal Advisory Committee Act Applicability.--The 
provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall apply to the Education Council, except that section 
14 of such Act shall not apply.
  (k) Termination.--The Education Council shall terminate on 
the date that is the expiration of the 10-year period following 
the date of enactment of the Elementary and Secondary Education 
Reauthorization Act of 2011.

           *       *       *       *       *       *       *


[SEC. 7205. [20 U.S.C. 7515] 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. 7205. PROGRAM AUTHORIZED.

  (a) Grants and Contracts.--In order to carry out programs 
that meet the purposes of this subpart, the Secretary is 
authorized to award grants to, or enter into contracts with--
          (1) Native Hawaiian educational organizations;
          (2) Native Hawaiian community-based organizations;
          (3) public and private nonprofit organizations, 
        agencies, and institutions with experience in 
        successfully developing or operating Native Hawaiian 
        education and workforce development programs or 
        programs of instruction in the Native Hawaiian 
        language;
          (4) charter schools; and
          (5) consortia of the organizations, agencies, and 
        institutions described in paragraphs (1) through (4).
  (b) Priority.--In providing grants and entering into 
contracts under this subpart, the Secretary shall give priority 
to--
          (1) programs that meet the educational priorities 
        established by the Education Council under section 
        7204(e)(6);
          (2) programs designed to improve the academic 
        achievement of Native Hawaiian students by meeting 
        their unique cultural and language needs in order to 
        help such students meet college and career ready State 
        academic content and student academic achievement 
        standards adopted under section 1111(a)(1), including 
        activities relating to--
                  (A) achieving competence in reading, 
                literacy, mathematics, and science for students 
                in preschool through grade 3;
                  (B) the educational needs of at-risk children 
                and youth;
                  (C) professional development for teachers and 
                administrators;
                  (D) the use of Native Hawaiian language and 
                preservation or reclamation of Native Hawaiian 
                culture-based educational practices;
                  (E) preparation for employment in fields in 
                which Native Hawaiians are underemployed or 
                underrepresented; and
                  (F) other programs relating to the activities 
                described in this subpart; and
          (3) programs in which a State educational agency, 
        local educational agency, institution of higher 
        education, or a State educational agency or local 
        educational agency in partnership with an institution 
        of higher education apply for a grant or contract under 
        this subpart as part of a partnership or consortium 
        involving--
                  (A) a Native Hawaiian community-based 
                organization;
                  (B) a Native Hawaiian education organization;
                  (C) a Native Hawaiian focused public charter 
                school; or
                  (D) a Native Hawaiian organization.
  (c) Authorized Activities.--Activities provided through 
programs carried out under this subpart may include--
          (1) the development and maintenance of a statewide 
        Native Hawaiian early childhood education and care 
        system to provide a continuum of high-quality services 
        for Native Hawaiian children from the prenatal period 
        through the age of kindergarten entry;
          (2) the operation of family-based education centers 
        that provide such services as--
                  (A) programs for Native Hawaiian parents and 
                their infants from the prenatal period of 
                infancy through age 3;
                  (B) preschool programs for Native Hawaiian 
                children; and
                  (C) research on, and development and 
                assessment of, family-based early care and 
                education and preschool programs for Native 
                Hawaiians;
          (3) activities that enhance beginning reading and 
        literacy in either the Hawaiian or the English language 
        among Native Hawaiian students in kindergarten through 
        grade 3 and assistance in addressing the distinct 
        features of combined English and Hawaiian literacy for 
        Hawaiian speakers grades 5 and 6;
          (4) activities to meet the special needs of Native 
        Hawaiian students with disabilities, including--
                  (A) the identification of such students and 
                their needs;
                  (B) the provision of support services to the 
                families of those students; and
                  (C) other activities consistent with the 
                requirements of the Individuals with 
                Disabilities Education Act;
          (5) activities that address the special needs of 
        Native Hawaiian students who are gifted and talented, 
        including--
                  (A) educational, psychological, social, 
                emotional, and developmental activities 
                designed to assist in the educational progress 
                of such students; and
                  (B) activities that involve the parents of 
                such students in a manner designed to assist in 
                the students' educational progress;
          (6) the development of academic and vocational 
        curricula to address the needs of Native Hawaiian 
        children, youth, and adults, including curricula 
        materials in the Hawaiian language, mathematics, 
        science, engineering, and technology curricula that 
        incorporate Native Hawaiian tradition and culture;
          (7) professional development activities for 
        educators, including--
                  (A) the development of programs to prepare 
                prospective teachers to address the unique 
                needs of Native Hawaiian students within the 
                context of Native Hawaiian culture, language, 
                and traditions;
                  (B) in-service programs to improve the 
                ability of teachers who teach in schools with 
                concentrations of Native Hawaiian students to 
                meet those students' unique needs; and
                  (C) the recruitment and preparation of Native 
                Hawaiian individuals, and other individuals who 
                live in communities with a high concentration 
                of Native Hawaiians, to become teachers or 
                leaders;
          (8) 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--
                  (A) early care and education programs, 
                including preschool programs;
                  (B) before- and after-school programs and 
                Saturday academies;
                  (C) career and technical and adult education 
                programs; and
                  (D) programs that recognize and support the 
                unique cultural and educational needs of Native 
                Hawaiian children and youth and incorporate 
                appropriately qualified Native Hawaiian elders 
                and seniors;
          (9) activities, including program co-location, to 
        enable Native Hawaiian individuals to enter and 
        complete programs of postsecondary education, 
        including--
                  (A) the 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 
                Native Hawaiian students entering professions 
                in which Native Hawaiians are underrepresented;
                  (B) family literacy activities;
                  (C) counseling and support services for 
                students receiving scholarship assistance;
                  (D) counseling and guidance for Native 
                Hawaiian secondary school students who have the 
                potential to receive scholarships;
                  (E) assistance with completing the college 
                admissions and financial aid application 
                process; and
                  (F) faculty development activities designed 
                to promote the matriculation of Native Hawaiian 
                students;
          (10) activities that recognize and support the unique 
        needs of Native Hawaiian youth regarding the completion 
        of quality workforce preparation and training programs 
        and activities, including apprenticeship programs;
          (11) research and data collection activities to 
        determine the educational status and needs of Native 
        Hawaiian children and youth;
          (12) other research and evaluation activities related 
        to programs carried out under this subpart; and
          (13) other activities, consistent with the purposes 
        of this subpart, to meet the educational needs of 
        Native Hawaiian children and youth.
  (d) Additional Activities.--From funds made available to 
carry out this section, the Secretary shall support the 
following:
          (1) The development of a body of Native Hawaiian law.
          (2) The repair and renovation of public schools that 
        serve high concentrations of Native Hawaiian students.
          (3) Informal education programs that present 
        traditional Hawaiian knowledge, science, astronomy, and 
        the environment through State museums or learning 
        centers.
  (e) Special Rule and Conditions.--
          (1) Institutions outside hawaii.--The Secretary may 
        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 subsection (c)(9)(A).
          (2) Scholarship conditions.--The Secretary shall 
        establish conditions for receipt of a scholarship 
        awarded under subsection (c)(9)(A). 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.
  (f) Treatment of Funds.--
          (1) In general.--Except as provided in paragraph (2), 
        funds made available under this subpart shall be used 
        to supplement, and not supplant, any State or local 
        funds used to achieve the purposes of this subpart.
          (2) Exception.--Paragraph (1) shall not apply to any 
        nonprofit entity or Native Hawaiian community-based 
        organization that receives a grant or other funds under 
        this subpart.
  (g) Administrative Costs.--
          (1) In general.--Except as provided in paragraph (2), 
        not more than 5 percent of funds provided to a 
        recipient of a grant or contract under subsection (a) 
        for any fiscal year may be used for administrative 
        purposes.
          (2) Exception.--Not more than 10 percent of funds 
        provided under subsection (a) for any fiscal year to a 
        nonprofit entity serving the Native Hawaiian community 
        may be used for administrative purposes.
  (h) Reservation; Availability of Funds.--
          (1) Reservation.--From the funds made available to 
        carry out this subpart, the Secretary shall reserve, 
        for each of fiscal years 2012 through 2017 not less 
        than $500,000 for the Education Council.
          (2) Availability.--Funds made available to carry out 
        this subpart and funds reserved under this subsection 
        shall remain available until expended.

[SEC. 7206. [20 U.S.C. 7516] 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. 7206. ADMINISTRATIVE PROVISIONS.

  (a) Application Required.--
          (1) In general.--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.
          (2) Academic projects.--Applications submitted under 
        this subpart to carry out projects and activities that 
        are academic in nature shall describe--
                  (A) the criteria that will be used to ensure 
                that such projects and activities use evidence-
                based strategies and methods; and
                  (B) the process through which the applicant 
                will monitor and report such activities, 
                including the achievement of identified 
                objectives.
  (b) Applications to Education Council.--The Secretary shall 
provide to the Education Council a copy of each grant or 
contract application submitted under this subpart.
  (c) Annual Report.--
          (1) In general.--Each entity that receives a grant 
        under this subpart shall submit to the Secretary an 
        annual report, in such form and containing such 
        information as the Secretary may require that 
        determines the extent to which activities carried out 
        with funds provided under this subpart are effective in 
        improving the educational achievement of Native 
        Hawaiian students served by such funds.
          (2) Content.--As a part of the information reported 
        under paragraph (1), each entity that receives a grant 
        under this subpart shall provide data, using 
        information from the most recent year for which data 
        are available, on--
                  (A) the academic achievement of the Native 
                Hawaiian students the entity serves, as 
                measured by the State assessments required 
                under section 1111(a) and the high school 
                graduation and college attendance rates of 
                those students; and
                  (B) such other measures as the Secretary may 
                prescribe.

SEC. 7207. DEFINITIONS.

  In this [part]subpart:
          (1) Community consultation.--The term ``community 
        consultation'' means a public gathering--
                  (A) to discuss Native Hawaiian education 
                concerns; and
                  (B) about which the public has been given not 
                less than 30 days notice.
          [(1)](2) Native hawaiian.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

          [(2)](3) Native hawaiian community-based 
        organization.--* * *
          [(3)](4) Native hawaiian educational organization.--* 
        * *
                  (A) * * *

           *       *       *       *       *       *       *

          [(4)](5) Native hawaiian language.--* * *
          [(5)](6) Native hawaiian organization.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

          [(6)](7) Office of hawaiian affairs.--* * *

  [PART C]Subpart 2--[ALASKA NATIVE EDUCATION]Alaska Native Education

[SEC. 7301. [20 U.S.C. 7541] SHORT TITLE.]

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

[SEC. 7302. [20 U.S.C. 7542] 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. [20 U.S.C. 7543] 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. [20 U.S.C. 7544] 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. [20 U.S.C. 7545] 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. [20 U.S.C. 7546] 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.]

SEC. 7301. SHORT TITLE.

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

SEC. 7302. FINDINGS.

  Congress finds 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 and languages 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 and to support efforts developed by 
        and undertaken within the Alaska Native community to 
        improve educational opportunity for all students.
          (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, Natives are 
        significantly underrepresented among holders of 
        baccalaureate degrees in the State of Alaska, and 
        Alaska Natives are more likely than other Alaskans to 
        be without access to employment. As a result, Native 
        students are being denied their opportunity to become 
        full participants in society and an entire generation 
        is being condemned to an underclass status and a life 
        of limited choices.
          (5) The programs and activities authorized in this 
        subpart are essential if educational handicaps are to 
        be overcome.
          (6) The sheer magnitude of the geographic and other 
        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) Alaska 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.
          (8) In 1983, pursuant to Public Law 98-63, Alaska 
        ceased to receive educational funding from the Bureau 
        of Indian Affairs.

SEC. 7303. PURPOSES.

  The purposes of this subpart are as follows:
          (1) To address the critical need to meet the unique 
        educational needs of Alaska Natives.
          (2) To authorize the development and expansion of 
        effective 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 subpart.
          (4) To provide direction and guidance to appropriate 
        Federal, State, and local agencies to focus resources, 
        including resources made available under this subpart, 
        on meeting the educational needs of Alaska Natives.
          (5) To ensure the maximum participation by Alaska 
        Natives in the planning and management of programs 
        designed to serve 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, the following entities in order to enable such 
        entities to carry out programs that meet the purposes 
        of this subpart:
                  (A) Alaska Native organizations.
                  (B) Educational entities with experience in 
                developing or operating Alaska Native programs 
                or programs of instruction conducted in Alaska 
                Native languages.
                  (C) Cultural and community-based 
                organizations with experience in developing or 
                operating programs to benefit the educational 
                needs of Alaska Natives.
                  (D) Consortia of organizations and entities 
                described in this paragraph.
          (2) Permissible activities.--Activities provided 
        through programs carried out under this subpart 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 programs 
                that address the educational needs of Alaska 
                Native students, including the following:
                          (i) Curricula materials that reflect 
                        the cultural diversity, languages, 
                        history, or the contributions of Alaska 
                        Natives.
                          (ii) Instructional programs that make 
                        use of Alaska Native languages and 
                        cultures.
                          (iii) Networks that develop, test, 
                        and disseminate best practices and 
                        introduce successful programs, 
                        materials, and techniques to meet the 
                        educational needs of Alaska Native 
                        students in urban and rural schools.
                  (C) Training and professional development 
                activities for educators, including the 
                following:
                          (i) Pre-service and in-service 
                        training and professional development 
                        programs to prepare teachers to develop 
                        appreciation for and understanding of 
                        Alaska Native cultures, values, and 
                        ways of knowing and learning in order 
                        to effectively address the cultural 
                        diversity and unique needs of Alaska 
                        Native students.
                          (ii) The recruitment and preparation 
                        of teachers who are Alaska Native.
                          (iii) Programs that will lead to the 
                        certification and licensing of Alaska 
                        Native teachers, principals, and 
                        superintendents.
                  (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 activities.
                  (F) The development and operation of student 
                enrichment programs, including such programs in 
                science, technology, engineering, and 
                mathematics that--
                          (i) are designed to prepare Alaska 
                        Native students to excel in such 
                        subjects;
                          (ii) provide appropriate support 
                        services to the families of such 
                        students that are needed to enable such 
                        students to benefit from the programs; 
                        and
                          (iii) include activities that 
                        recognize and support the unique 
                        cultural and educational needs of 
                        Alaska Native children, and incorporate 
                        appropriately qualified Alaska Native 
                        elders and other tradition bearers.
                  (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 
                subpart.
                  (I) Remedial and enrichment programs to 
                assist Alaska Native students to be college or 
                career ready upon graduation from high school.
                  (J) 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.
                  (K) Culturally based education programs 
                designed and provided by an entity with 
                demonstrated experience in--
                          (i) providing programs of study, both 
                        on site and in local schools, to share 
                        the rich and diverse cultures of Alaska 
                        Native peoples among youth, elders, 
                        teachers, and the larger community;
                          (ii) instructing Alaska Native youth 
                        in leadership, communication, Native 
                        culture, arts, and languages;
                          (iii) increasing the high school 
                        graduation rate of the Alaska Native 
                        students who are served;
                          (iv) providing instruction in Alaska 
                        Native history and ways of living to 
                        students and teachers in the local 
                        school district;
                          (v) providing intergenerational 
                        learning and internship opportunities 
                        to Alaska Native youth and young 
                        adults; and
                          (vi) providing cultural immersion 
                        activities aimed at Alaska Native 
                        cultural preservation.
                  (L) A statewide on-site exchange program, for 
                both students and teachers, involving schools 
                and culture camps that demonstrates 
                effectiveness in facilitating cultural 
                relationships between urban and rural Alaskans 
                to build mutual respect and understanding, and 
                foster a statewide sense of common identity 
                through host family, school, and community 
                cross-cultural immersion. Such a program should 
                be competively awarded.
                  (M) Activities carried out through Head Start 
                programs carried out under the Head Start Act, 
                including the training of teachers for such 
                programs.
                  (N) Other early learning and preschool 
                programs.
                  (O) Education programs for at-risk urban 
                Alaska Native students in kindergarten through 
                grade 12 that are operated by tribes or tribal 
                organizations that have demonstrated experience 
                in increasing graduation rates among such 
                students and that--
                          (i) include a culturally informed 
                        curriculum intended to preserve and 
                        promote Alaska Native culture;
                          (ii) partner effectively with the 
                        local school district by providing a 
                        school-within-a school program model;
                          (iii) provide high-quality academic 
                        instruction, small classroom sizes, and 
                        social-emotional support for students 
                        from elementary school through high 
                        school;
                          (iv) work with parents to increase 
                        parental involvement in their students' 
                        education;
                          (v) have a proven track record of 
                        improving academic proficiency and 
                        increasing graduation rates;
                          (vi) provide college preparation and 
                        career planning; and
                          (vii) incorporate a strong data 
                        collection and continuous evaluation 
                        component at all levels of the program.
                  (P) A statewide program that has demonstrated 
                effectiveness in providing technical assistance 
                and support to schools and communities in order 
                to engage adults in promoting the academic 
                progress and overall well-being of young people 
                through strengths-based approaches to child and 
                youth development, positive youth-adult 
                relationships, improved conditions for learning 
                (such as school climate and student connection 
                to school and community), and increased 
                connections between schools and families.
                  (Q) Career preparation activities to enable 
                Alaska Native children and adults to prepare 
                for meaningful employment, including programs 
                providing career and technical preparation, 
                mentoring, training, and apprenticeship 
                activities.
                  (R) The provision of operational support and 
                the purchase 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.
                  (S) Other activities, consistent with the 
                purposes of this subpart, to meet the 
                educational needs of Alaska Native children and 
                adults.
                  (T) Regional leadership academies that 
                demonstrate effectiveness in building respect 
                and understanding and fostering a sense of 
                Alaska Native identity to promote Alaska Native 
                students pursuit of, and success in, completing 
                higher education or career training.
          (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 this subpart, the Secretary shall give 
priority to applications from Alaska Native regional nonprofit 
organizations, Alaska Native organizations, or consortia that 
include not less than 1 Alaska Native regional nonprofit 
organization.

SEC. 7305. 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 in such form, in such 
manner, and containing such information as the Secretary may 
determine necessary to carry out the provisions of this 
subpart.
  (b) Applications.--A State educational agency or local 
educational agency may apply for an award under this subpart 
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 subpart shall provide for ongoing advice from and 
consultation with representatives of the Alaska Native 
community.
  (d) Local Educational Agency Coordination.--Each entity that 
applies for an award under this subpart shall inform each local 
educational agency that serves students who would participate 
in the program that such entity plans to carry out under the 
grant or contract about the application described in subsection 
(a).

SEC. 7306. DEFINITIONS.

  In this subpart:
          (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 (43 U.S.C. 
        1602(b)).
          (2) Alaska native organization.--The term ``Alaska 
        Native organization'' means--
                  (A) a federally recognized tribe
                  (B) a consortium of tribes;
                  (C) a regional nonprofit Native association; 
                or
                  (D) another organization that--
                          (i) has or commits to acquire 
                        expertise in the education of Alaska 
                        Natives; and
                          (ii) has Alaska Natives in 
                        substantive and policymaking positions 
                        within the organization.

           *       *       *       *       *       *       *


                         TITLE VIII--IMPACT AID

SEC. 8001. PURPOSE.

  In order to fulfill the Federal responsibility to assist with 
the provision of educational services to federally connected 
children in a manner that promotes control by local educational 
agencies with little or no Federal or State involvement, 
because certain activities of the Federal Government, such as 
activities to fulfill the responsibilities of the Federal 
Government with respect to Indian tribes and activities under 
section 511 of the Servicemembers Civil Relief Act, place a 
financial burden on the local educational agencies serving 
areas where such activities are carried out, and to help such 
children meet [challenging State standards]college and career 
ready State academic content and student academic achievement 
standards under section 1111(a)(1), it is the purpose of this 
title to provide financial assistance to local educational 
agencies that--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

  (a) In General.--* * *

           *       *       *       *       *       *       *

  (b) Amount.--
          (1) In general.--(A)(i)(I) * * *

           *       *       *       *       *       *       *

          (B) If funds appropriated under section 
        [8014(a)]3(aa)(1) are insufficient to pay the amount 
        determined under subparagraph (A), the Secretary shall 
        calculate the payment for each eligible local 
        educational agency in accordance with subsection (h).

           *       *       *       *       *       *       *

          (2) Application of current levied real property tax 
        rate.--In calculating the amount that a local 
        educational agency is eligible to receive for a fiscal 
        year, the Secretary shall apply the current levied real 
        property tax rate for current expenditures levied by 
        fiscally independent local educational agencies, or 
        imputed for fiscally dependent local educational 
        agencies, to the current annually determined [aggregate 
        assessed]estimated taxable value of such acquired 
        Federal property.
          [(3) Determination of aggregate assessed value.--Such 
        aggregate assessed value of such acquired Federal 
        property shall be determined on the basis of the 
        highest and best use of property adjacent to such 
        acquired Federal property as of the time such value is 
        determined, and provided to the Secretary, by the local 
        official responsible for assessing the value of real 
        property located in the jurisdiction of such local 
        educational agency for the purpose of levying a 
        property tax.]
          (3) Determination of taxable value for eligible 
        federal property.--
                  (A) In general.--In determining the total 
                taxable value of such acquired Federal property 
                for fiscal year 2011 and each succeeding fiscal 
                year, the Secretary shall--
                          (i) first determine the total taxable 
                        value for the purpose of levying 
                        property tax for school purposes for 
                        current expenditures of real property 
                        located within the boundaries of such 
                        local educational agency;
                          (ii) then determine the per acre 
                        value of the eligible Federal property 
                        by dividing the total taxable value as 
                        determined in clause (i) by the 
                        difference between the total acres 
                        located within the boundaries of the 
                        local educational agency and the number 
                        of Federal acres eligible under this 
                        section; and
                          (iii) multiply the per acre value as 
                        calculated under clause (ii) by the 
                        number of Federal acres eligible under 
                        this section.
                  (B) Special rule.--When 2 or more local 
                educational agencies share Federal property 
                eligible under this section, a local 
                educational agency may ask the Secretary to 
                calculate the per acre value of each local 
                educational agency as provided under 
                subparagraph (A) and apply the average of these 
                per acre values to the acres of the Federal 
                property in that agency.
  (c) Applicability to Tennessee Valley Authority Act.--* * *

           *       *       *       *       *       *       *

  [(f) Special Rule.--(1) Beginning with fiscal year 1994, and 
notwithstanding any other provision of law limiting the period 
during which fiscal year 1994 funds may be obligated, the 
Secretary shall treat the local educational agency serving the 
Wheatland R-II School District, Wheatland, Missouri, as meeting 
the eligibility requirements of section 2(a)(1)(C) of the Act 
of September 30, 1950 (Public Law 874, 81st Congress) (as such 
section was in effect on the day preceding the date of 
enactment of the Improving America's Schools Act of 1994) (20 
U.S.C. 237(a)(1)(C)) or subsection (a)(1)(C).]
  (f) Special Rule.--
          (1) Beginning with fiscal year 1994, and 
        notwithstanding any other provision of law limiting the 
        period during which fiscal year 1994 funds may be 
        obligated, the Secretary shall treat the local 
        educational agency serving the Wheatland R-II School 
        District, Wheatland, Missouri, as meeting the 
        eligibility requirements of section 2(a)(1)(C) of the 
        Act of September 30, 1950 (Public Law 874, 81st 
        Congress) (as such section was in effect on the day 
        preceding the date of enactment of the Improving 
        America's Schools Act of 1994) (20 U.S.C. 237(a)(1)(C)) 
        or subsection (a)(1)(C).
          (2) For each fiscal year beginning with fiscal year 
        1999, the Secretary shall treat the Webster School 
        District, Day County, South Dakota as meeting the 
        eligibility requirements of subsection (a)(1)(C) of 
        this section.
          (3) For each fiscal year beginning with fiscal year 
        2000, the Secretary shall treat the Central Union, 
        California; Island, California; Hill City, South 
        Dakota; and Wall, South Dakota local educational 
        agencies as meeting the eligibility requirements of 
        subsection (a)(1)(C) of this section.
          [(4) For the purposes of payments under this section 
        for each fiscal year beginning with fiscal year 2000, 
        the Secretary shall treat the Hot Springs, South Dakota 
        local educational agency as if it had filed a timely 
        application under section 8002 of the Elementary and 
        Secondary Education Act of 1965 for fiscal year 1994 if 
        the Secretary has received the fiscal year 1994 
        application, as well as Exhibits A and B not later than 
        December 1, 1999.
          [(5) For purposes of payments under this section for 
        each fiscal year beginning with fiscal year 2000, the 
        Secretary shall treat the Hueneme, California local 
        educational agency as if it had filed a timely 
        application under section 8002 of the Elementary and 
        Secondary Education Act of 1965 if the Secretary has 
        received the fiscal year 1995 application not later 
        than December 1, 1999.]
  [(g) Former Districts.--
          [(1) In general.--Where the school district of any 
        local educational agency described in paragraph (2) is 
        formed at any time after 1938 by the consolidation of 
        two or more former school districts, such agency may 
        elect (at any time such agency files an application 
        under section 8005) for any fiscal year after fiscal 
        year 1994 to have (A) the eligibility of such local 
        educational agency, and (B) the amount which such 
        agency shall be eligible to receive, determined under 
        this section only with respect to such of the former 
        school districts comprising such consolidated school 
        districts as such agency shall designate in such 
        election.
          [(2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is any 
        local 
        educational agency that, for fiscal year 1994 or any 
        preceding fiscal year, applied for and was determined 
        eligible under section 2(c) of the Act of September 30, 
        1950 (Public Law 874, 81st Congress) as such section 
        was in effect for such fiscal year.]
  (g) Former Districts.--
          (1) Consolidations.--For fiscal year 2006 and all 
        succeeding fiscal years, if a local educational agency 
        described in paragraph (2) is formed at any time after 
        1938 by the consolidation of 2 or more former school 
        districts, the local educational agency may elect to 
        have the Secretary determine its eligibility and any 
        amount for which the local educational agency is 
        eligible under this section for any fiscal year on the 
        basis of 1 or more of those former districts, as 
        designated by the local educational agency.
          (2) Eligible local educational agencies.--A local 
        educational agency referred to in paragraph (1) is--
                  (A) any local educational agency that, for 
                fiscal year 1994 or any preceding fiscal year, 
                applied, and was determined to be eligible 
                under section 2(c) of the Act of September 30, 
                1950 (Public Law 874, 81st Congress) as the 
                section was in effect for that fiscal year; or
                  (B) a local educational agency formed by the 
                consolidation of 2 or more districts, at least 
                1 of which was eligible for assistance under 
                this section for the fiscal year proceeding the 
                year of consolidation, if--
                          (i) for fiscal years 2006 through 
                        2011, the local educational agency had 
                        notified the Secretary of the 
                        designation not later than 30 days 
                        after the date of enactment of the 
                        Elementary and Secondary Education 
                        Reauthorization Act of 2011; and
                          (ii) for fiscal year 2012, and any 
                        subsequent fiscal year, the local 
                        educational agency includes the 
                        designation in its application under 
                        section 8005 or any timely amendment to 
                        such application.
          (3) Availability of funds.--Notwithstanding any other 
        provision of law limiting the period during which the 
        Secretary may obligate funds appropriated for any 
        fiscal year after 2005, the Secretary may obligate 
        funds remaining after final payments have been made 
        from any of such fiscal years to carry out this 
        subsection.
  (h) /Payments With Respect to Fiscal Years in Which 
Insufficient Funds Are Appropriated.--For any fiscal year for 
which the amount appropriated under section [8014(a)]3(aa)(1) 
is insufficient to pay to each eligible local educational 
agency the full amount determined under subsection (b), the 
Secretary shall make payments to each local educational agency 
under this section as follows:
          (1) /Foundation payments [for pre-1995 recipients].--
                  (A) /In general.--The Secretary shall first 
                make a foundation payment to each local 
                educational agency that [is eligible to receive 
                a payment under this section for the fiscal 
                year involved and that filed, or has been 
                determined pursuant to statute to have filed a 
                timely application, and met, or has been 
                determined pursuant to statute to meet, the 
                eligibility requirements of section 2(a)(1)(C) 
                of the Act of September 30, 1950 (Public Law 
                874, 81st Congress) (as such section was in 
                effect on the day preceding the date of the 
                enactment of the Improving America's Schools 
                Act of 1994) for any of the fiscal years 1989 
                through 1994.]was eligible to receive a payment 
                under this section for fiscal year 2007.
                  (B) /Amount.--The amount of a payment under 
                subparagraph (A) for a local educational agency 
                shall be equal to [38 percent of the local 
                educational agency's maximum entitlement amount 
                under section 2 of the Act of September 30, 
                1950, for fiscal year 1994 (or if the local 
                educational agency did not meet, or has not 
                been determined pursuant to statute to meet, 
                the eligibility requirements of section 
                2(a)(1)(C) of the Act of September 30, 1950 for 
                fiscal year 1994, the local educational 
                agency's maximum entitlement amount under such 
                section 2 for the most recent fiscal year 
                preceding 1994).]90 percent of the payment the 
                local educational agency received in 2006.
                  (C) /Insufficient appropriations.--If the 
                amount appropriated under section 
                [8014(a)]3(aa)(1) is insufficient to pay the 
                full amount determined under this paragraph for 
                all eligible local educational agencies for the 
                fiscal year, then the Secretary shall ratably 
                reduce the payment to each local educational 
                agency under this paragraph.

           *       *       *       *       *       *       *

          [(2) /Payments for 1995 recipients.--
                  [(A) /In general.--From any amounts remaining 
                after making payments under paragraph (1) for 
                the fiscal year involved, the Secretary shall 
                make a payment to each eligible local 
                educational agency that received a payment 
                under this section for fiscal year 1995, or 
                whose application under this section for fiscal 
                year 1995 was determined pursuant to statute to 
                be timely filed for purposes of payments for 
                subsequent fiscal years.
                  [(B) /Amount.--The amount of a payment under 
                subparagraph (A) for a local educational agency 
                shall be determined as follows:
                          [(i) Calculate the difference between 
                        the amount appropriated to carry out 
                        this section for fiscal year 1995 and 
                        the total amount of foundation payments 
                        made under paragraph (1) for the fiscal 
                        year.
                          [(ii) Determine the percentage share 
                        for each local educational agency 
                        described in subparagraph (A) by 
                        dividing the assessed value of the 
                        Federal property of the local 
                        educational agency for fiscal year 1995 
                        determined in accordance with 
                        subsection (b)(3), by the total 
                        eligible national assessed value of the 
                        eligible Federal property of all such 
                        local educational agencies for fiscal 
                        year 1995, as so determined.
                          [(iii) Multiply the percentage share 
                        described in clause (ii) for the local 
                        educational agency by the amount 
                        determined under clause (i).
          [(3) /Subsection (i)/ recipients.--From any funds 
        remaining after making payments under paragraphs (1) 
        and (2) for the fiscal year involved, the Secretary 
        shall make payments in accordance with subsection (i).
          [(4) /Remaining funds.--From any funds remaining 
        after making payments under paragraphs (1), (2), and 
        (3) for the fiscal year involved--
                  [(A) the Secretary shall make a payment to 
                each local educational agency that received a 
                foundation payment under paragraph (1) for the 
                fiscal year involved in an amount that bears 
                the same relation to 25 percent of the 
                remainder as the amount the local educational 
                agency received under paragraph (1) for the 
                fiscal year involved bears to the amount all 
                local educational agencies received under 
                paragraph (1) for the fiscal year involved; and
                  [(B) the Secretary shall make a payment to 
                each local educational agency that is eligible 
                to receive a payment under this section for the 
                fiscal year involved in an amount that bears 
                the same relation to 75 percent of the 
                remainder as a percentage share determined for 
                the local educational agency (by dividing the 
                maximum amount that the agency is eligible to 
                receive under subsection (b) by the total of 
                the maximum amounts for all such agencies) 
                bears to the percentage share determined (in 
                the same manner) for all local educational 
                agencies eligible to receive a payment under 
                this section for the fiscal year involved, 
                except that, for the purpose of calculating a 
                local educational agency's maximum amount under 
                subsection (b), data from the most current 
                fiscal year shall be used.]
          (2) Foundation payments for local educational 
        agencies determined eligible after fiscal year 2007.--
                  (A) First year.--From any amounts remaining 
                after making payments under paragraph (1) for 
                the fiscal year involved, the Secretary shall 
                make a payment, in an amount determined in 
                accordance with subparagraph (C), to each local 
                educational agency that the Secretary 
                determines eligible for a payment under this 
                section for a fiscal year after fiscal year 
                2007, for the fiscal year for which such agency 
                was determined eligible for such payment.
                  (B) Second and succeeding years.--For any 
                succeeding fiscal year after the first fiscal 
                year that a local educational agency receives a 
                foundation payment under subparagraph (A), the 
                amount of the local educational agency's 
                foundation payment under this paragraph for 
                such succeeding fiscal year shall be equal to 
                the local educational agency's foundation 
                payment under this paragraph for the first 
                fiscal year.
                  (C) Amounts.--The amount of a payment under 
                subparagraph (A) for a local educational agency 
                shall be determined as follows:
                          (i) Calculate the local educational 
                        agency's maximum payment under 
                        subsection (b).
                          (ii) Calculate the percentage that 
                        the amount appropriated under section 
                        3(aa)(1) for the most recent fiscal 
                        year for which the Secretary has 
                        completed making payments under this 
                        section is of the total maximum 
                        payments for such fiscal year for all 
                        local educational agencies eligible for 
                        a payment under subsection (b) and 
                        multiply the agency's maximum payment 
                        by such percentage.
                          (iii) Multiply the amount determined 
                        under clause (ii) by 90 percent.
          (3) Remaining funds.--From any funds remaining after 
        making payments under paragraphs (1) and (2) for the 
        fiscal year involved, the Secretary shall make a 
        payment to each local educational agency that received 
        a foundation payment under paragraph (1) or (2), or 
        subsection (i)(1), for the fiscal year involved in an 
        amount that bears the same relation to the remainder as 
        a percentage share determined for the local educational 
        agency (by dividing the maximum amount that the agency 
        is eligible to receive under subsection (b) by the 
        total of the maximum amounts for all such agencies) 
        bears to the percentage share determined (in the same 
        manner) for all local educational agencies eligible to 
        receive a payment under this section for the fiscal 
        year involved, except that, for the purpose of 
        calculating a local educational agency's maximum amount 
        under subsection (b), data from the most current fiscal 
        year shall be used.
  (i) /Special Payments.--
          [(1) /In general.--For any fiscal year beginning with 
        fiscal year 2000 for which the amount appropriated to 
        carry out this section exceeds the amount so 
        appropriated for fiscal year 1996 and for which 
        subsection (b)(1)(B) applies, the Secretary shall use 
        the remainder described in subsection (h)(3) for the 
        fiscal year involved (not to exceed the amount equal to 
        the difference between (A) the amount appropriated to 
        carry out this section for fiscal year 1997 and (B) the 
        amount appropriated to carry out this section for 
        fiscal year 1996) to increase the payment that would 
        otherwise be made under this section to not more than 
        50 percent of the maximum amount determined under 
        subsection (b) for any local educational agency 
        described in paragraph (2).]
          (1) In general.--The calculation of the foundation 
        payment under subsection (h)(1)(B) for a local 
        educational agency described in paragraph (2) of this 
        subsection shall be equal to 90 percent of the payment 
        received in fiscal year 2005, for fiscal year 2011 and 
        each succeeding fiscal year.

           *       *       *       *       *       *       *

  [(k) /Special Rule.--For purposes of payments under this 
section for each fiscal year beginning with fiscal year 1998--
          [(1) the Secretary shall, for the Stanley County, 
        South Dakota local educational agency, calculate 
        payments as if subsection (e) had been in effect for 
        fiscal year 1994; and
          [(2) the Secretary shall treat the Delaware Valley, 
        Pennsylvania local educational agency as if it had 
        filed a timely application under section 2 of Public 
        Law 81-874 for fiscal year 1994.]
  [(l)](j) /Prior Year Data.--Notwithstanding any other 
provision of this section, in determining the eligibility of a 
local educational agency for a payment under subsection (b) or 
[(h)(4)(B)](h)(3) of this section for a fiscal year, and in 
calculating the amount of such payment, the Secretary--
          (1) * * *

           *       *       *       *       *       *       *

  [(m) /Eligibility.--
          [(1) /Old federal property.--Except as provided in 
        paragraph (2), a local educational agency that is 
        eligible to receive a payment under this section for 
        Federal property acquired by the Federal Government, 
        before the date of the enactment of the Impact Aid 
        Reauthorization Act of 2000, shall be eligible to 
        receive the payment only if the local educational 
        agency submits an application for a payment under this 
        section not later than 7 years after the date of the 
        enactment of such Act.
          [(2) /Combined federal property.--A local educational 
        agency that is eligible to receive a payment under this 
        section for Federal property acquired by the Federal 
        Government before the date of the enactment of the 
        Impact Aid Reauthorization Act of 2000 shall be 
        eligible to receive the payment if--
                  [(A) the Federal property, when combined with 
                other Federal property in the school district 
                served by the local educational agency acquired 
                by the Federal Government after the date of the 
                enactment of such Act, meets the requirements 
                of subsection (a); and
                  [(B) the local educational agency submits an 
                application for a payment under this section 
                not later than 7 years after the date of 
                acquisition of the Federal property acquired 
                after the date of the enactment of such Act.
          [(3) /New federal property.--A local educational 
        agency that is eligible to receive a payment under this 
        section for Federal property acquired by the Federal 
        Government after the date of the enactment of the 
        Impact Aid Reauthorization Act of 2000 shall be 
        eligible to receive the payment only if the local 
        educational agency submits an application for a payment 
        under this section not later than 7 years after the 
        date of acquisition.]
  [(n)](k) /Loss of Eligibility.--

           *       *       *       *       *       *       *

  (l) Records.--The Secretary may base a determination of 
eligibility under subsection (a)(1) on original records 
(including facsimiles or other reproductions of those records) 
documenting the assessed value of real property, prepared by a 
legally authorized official as of the time of the Federal 
acquisition, or other records that the Secretary determines to 
be appropriate and reliable, including Federal agency records 
or local historical records.

           *       *       *       *       *       *       *


SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

  (a) Computation of Payment.--
          (1) In general.--For the purpose of computing the 
        amount that a local educational agency is eligible to 
        receive under subsection (b) or (d) for any fiscal 
        year, the Secretary shall determine the number of 
        children who were in average daily attendance in the 
        schools of such agency (including those children 
        enrolled in a State that has a State open enrollment 
        policy but not including children enrolled in a 
        distance learning program who are not residing within 
        the geographic boundaries of the agency), and for whom 
        such agency provided free public education, during the 
        preceding school year and who, while in attendance at 
        such schools--
                  (A)(i) * * *

           *       *       *       *       *       *       *

          (4) Military installation and indian housing 
        undergoing renovation or rebuilding.--
                  (A) In general.--(i) For purposes of 
                computing the amount of a payment for a local 
                educational agency for children described in 
                paragraph (1)(D)(i), the Secretary shall 
                consider such children to be children described 
                in paragraph (1)(B) if the Secretary 
                determines, on the basis of a certification 
                provided to the Secretary by a designated 
                representative of the Secretary of Defense, 
                that such children would have resided in 
                housing on Federal property in accordance with 
                paragraph (1)(B) except that such housing was 
                undergoing renovation or rebuilding, or was 
                authorized for demolition, on the date for 
                which the Secretary determines the number of 
                children under paragraph (1).
                  (ii) For purposes of computing the amount of 
                a payment for a local educational agency that 
                received a payment for children that resided on 
                Indian lands in accordance with paragraph 
                (1)(C) for the fiscal year prior to the fiscal 
                year for which the local educational agency is 
                making an application, the Secretary shall 
                consider such children to be children described 
                in paragraph (1)(C) if the Secretary 
                determines, on the basis of a certification 
                provided to the Secretary by a designated 
                representative of the Secretary of the Interior 
                or the Secretary of Housing and Urban 
                Development, that such children would have 
                resided in housing on Indian lands in 
                accordance with paragraph (1)(C) except that 
                such housing was undergoing renovation or 
                rebuilding, or was authorized for demolition, 
                on the date for which the Secretary determines 
                the number of children under paragraph (1).
                  (B) /Limitations.--(i)(I) Children described 
                in paragraph (1)(D)(i) may be deemed to be 
                children described in paragraph (1)(B) with 
                respect to housing on Federal property 
                undergoing renovation or rebuilding, or 
                authorized for demolition, in accordance with 
                subparagraph (A)(i) for a period not to exceed 
                [3 fiscal years]4 fiscal years (which are not 
                required to run consecutively).
                  (II) The number of children described in 
                paragraph (1)(D)(i) who are deemed to be 
                children described in paragraph (1)(B) with 
                respect to housing on Federal property 
                undergoing renovation or rebuilding, or 
                authorized for demolition, in accordance with 
                subparagraph (A)(i) for any fiscal year may not 
                exceed the maximum number of children who are 
                expected to occupy that housing upon completion 
                of the renovation or rebuilding.
                  (ii)(I) Children that resided on Indian lands 
                in accordance with paragraph (1)(C) for the 
                fiscal year prior to the fiscal year for which 
                the local educational agency is making an 
                application may be deemed to be children 
                described in paragraph (1)(C) with respect to 
                housing on Indian lands undergoing renovation 
                or rebuilding, or authorized for demolition, in 
                accordance with subparagraph (A)(ii) for a 
                period not to exceed [3 fiscal years]4 fiscal 
                years (which are not required to run 
                consecutively).
                  (II) The number of children that resided on 
                Indian lands in accordance with paragraph 
                (1)(C) for the fiscal year prior to the fiscal 
                year for which the local educational agency is 
                making an application who are deemed to be 
                children described in paragraph (1)(C) with 
                respect to housing on Indian lands undergoing 
                renovation or rebuilding, or authorized for 
                demolition, in accordance with subparagraph 
                (A)(ii) for any fiscal year may not exceed the 
                maximum number of children who are expected to 
                occupy that housing upon completion of the 
                renovation or rebuilding.
          (5) /Military ``build to lease'' program housing.--
                  (A) /In general.--For purposes of computing 
                the amount of payment for a local educational 
                agency for children identified under paragraph 
                (1), the Secretary shall consider children 
                residing in housing initially acquired or 
                constructed under the former section 2828(g) of 
                title 10, United States Code (commonly known as 
                the ``Build to Lease'' program), as added by 
                section 801 of the Military Construction 
                Authorization Act, 1984, or under lease of off-
                base property under subchapter IV of chapter 
                169 of title 10, United States Code (10 U.S.C. 
                2871 et seq.), to be children described under 
                paragraph (1)(B) if the property described is 
                within the fenced security perimeter of the 
                military facility upon which such housing is 
                situated.

           *       *       *       *       *       *       *

  (b) /Basic Support Payments and Payments With Respect to 
Fiscal Years in Which Insufficient Funds Are Appropriated.--
          (1) /Basic support payments.--
                  (A) /In general.--From the amount 
                appropriated under section [8014(b)]3(aa)(2) 
                for a fiscal year, the Secretary is authorized 
                to make basic support payments to eligible 
                local educational agencies with children 
                described in subsection (a).

           *       *       *       *       *       *       *

          (2) Basic Support Payments for Heavily Impacted Local 
        Educational Agencies.--
                  (A) /In general.--(i) From the amount 
                appropriated under section [8014(b)]3(aa)(2) 
                for a fiscal year, the Secretary is authorized 
                to make basic support payments to eligible 
                heavily impacted local educational agencies 
                with children described in subsection (a).
          * * * * * * *
                  (B) /Eligibility for [continuing]heavily 
                impacted local educational agencies.--
                          [(i) /In general.--A heavily impacted 
                        local educational agency is eligible to 
                        receive a basic support payment under 
                        subparagraph (A) with respect to a 
                        number of children determined under 
                        subsection (a)(1) if the agency--
                                  [(I) received an additional 
                                assistance payment under 
                                subsection (f) (as such 
                                subsection was in effect on the 
                                day before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000) 
                                for fiscal year 2000; and
                                  [(II)(aa) is a local 
                                educational agency whose 
                                boundaries are the same as a 
                                Federal military installation;
                                  [(bb) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                35 percent, has a per-pupil 
                                expenditure that is less than 
                                the average per-pupil 
                                expenditure of the State in 
                                which the agency is located or 
                                the average per-pupil 
                                expenditure of all States 
                                (whichever average per-pupil 
                                expenditure is greater), except 
                                that a local educational agency 
                                with a total student enrollment 
                                of less than 350 students shall 
                                be deemed to have satisfied 
                                such per-pupil expenditure 
                                requirement, and has a tax rate 
                                for general fund purposes which 
                                is not less than 95 percent of 
                                the average tax rate for 
                                general fund purposes of local 
                                educational agencies in the 
                                State;
                                  [(cc) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency which is not less than 
                                30 percent, and has a tax rate 
                                for general fund purposes which 
                                is not less than 125 percent of 
                                the average tax rate for 
                                general fund purposes for 
                                comparable local educational 
                                agencies in the State;
                                  [(dd) has a total student 
                                enrollment of not less than 
                                25,000 students, of which not 
                                less than 50 percent are 
                                children described in 
                                subsection (a)(1) and not less 
                                than 6,000 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1); or
                                  [(ee) meets the requirements 
                                of subsection (f)(2) applying 
                                the data requirements of 
                                subsection (f)(4) (as such 
                                subsections were in effect on 
                                the day before the date of the 
                                enactment of the Impact Aid 
                                Reauthorization Act of 2000).
                          [(ii) /Loss of eligibility.--A 
                        heavily impacted local educational 
                        agency that met the requirements of 
                        clause (i) for a fiscal year shall be 
                        ineligible to receive a basic support 
                        payment under subparagraph (A) if the 
                        agency fails to meet the requirements 
                        of clause (i) for a subsequent fiscal 
                        year, except that such agency shall 
                        continue to receive a basic support 
                        payment under this paragraph for the 
                        fiscal year for which the ineligibility 
                        determination is made.]
                          (i) In general.--A heavily impacted 
                        local educational agency is eligible to 
                        receive a basic support payment under 
                        subparagraph (A) with respect to a 
                        number of children determined under 
                        subsection (a)(1) if the agency--
                                  (I) is a local educational 
                                agency whose boundaries are the 
                                same as a Federal military 
                                installation, or whose 
                                boundaries are the same as 
                                island property designated by 
                                the Secretary of the Interior 
                                to be property that is held in 
                                trust by the Federal 
                                Government, and that has no 
                                taxing authority;
                                  (II) is a local educational 
                                agency that--
                                          (aa) has an 
                                        enrollment of children 
                                        described in subsection 
                                        (a)(1) that constitutes 
                                        a percentage of the 
                                        total student 
                                        enrollment of the 
                                        agency that is not less 
                                        than 45 percent;
                                          (bb) has a per-pupil 
                                        expenditure that is 
                                        less than--
                                                  (AA) for an 
                                                agency that has 
                                                a total student 
                                                enrollment of 
                                                500 or more 
                                                students, 125 
                                                percent of the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                the State in 
                                                which the 
                                                agency is 
                                                located; or
                                                  (BB) for an 
                                                agency that has 
                                                a total student 
                                                enrollment of 
                                                less than 500 
                                                students, 150 
                                                percent of the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                the State in 
                                                which the 
                                                agency is 
                                                located, or the 
                                                average per-
                                                pupil 
                                                expenditure of 
                                                3 or more 
                                                comparable 
                                                local 
                                                educational 
                                                agencies in the 
                                                State in which 
                                                the agency is 
                                                located;
                                          (cc) is an agency 
                                        that--
                                                  (AA) has a 
                                                tax rate for 
                                                general fund 
                                                purposes that 
                                                is not less 
                                                than 95 percent 
                                                of the average 
                                                tax rate for 
                                                general fund 
                                                purposes of 
                                                comparable 
                                                local 
                                                educational 
                                                agencies in the 
                                                State; or
                                                  (BB) was 
                                                eligible to 
                                                receive a 
                                                payment under 
                                                this subsection 
                                                for fiscal year 
                                                2012 and is 
                                                located in a 
                                                State that by 
                                                State law has 
                                                eliminated ad 
                                                valorem tax as 
                                                a revenue 
                                                source for 
                                                local 
                                                educational 
                                                agencies; or
                                          (dd) has an 
                                        enrollment of children 
                                        described in subsection 
                                        (a)(1) that constitutes 
                                        a percentage of the 
                                        total student 
                                        enrollment of the 
                                        agency which is not 
                                        less than 30 percent, 
                                        and has a tax rate for 
                                        general fund purposes 
                                        which is not less than 
                                        125 percent of the 
                                        average tax rate for 
                                        general fund purposes 
                                        for comparable local 
                                        educational agencies in 
                                        the State; or
                                  (III) is a local educational 
                                agency that has a total student 
                                enrollment of not less than 
                                25,000 students, of which not 
                                less than 50 percent are 
                                children described in 
                                subsection (a)(1) and not less 
                                than 5,500 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1).
                          (ii) Loss of eligibility.--
                                  (I) In general.--Subject to 
                                subclause (II), a heavily 
                                impacted local educational 
                                agency that met the 
                                requirements of clause (i) for 
                                a fiscal year shall be 
                                ineligible to receive a basic 
                                support payment under 
                                subparagraph (A) if the agency 
                                fails to meet the requirements 
                                of such clause for the 
                                subsequent fiscal year, except 
                                that such agency shall continue 
                                to receive a basic support 
                                payment under this paragraph 
                                for the fiscal year for which 
                                the ineligibility determination 
                                is made.
                                  (II) Exception.--A local 
                                educational agency that is 
                                eligible under subparagraph (A) 
                                but whose tax rate for general 
                                fund purposes falls below 95 
                                percent of the average tax rate 
                                for general fund purposes of 
                                local educational agencies in 
                                the State for two consecutive 
                                years shall lose its 
                                eligibility and be subject to 
                                subclause (I).

           *       *       *       *       *       *       *

                          (iv) Special rule.--Notwithstanding 
                        clause (i)(II), a local educational 
                        agency shall be considered eligible to 
                        receive a basic support payment under 
                        subparagraph (A) with respect to the 
                        number of children determined under 
                        subsection (a)(1) if the agency--
                                  (I) has an enrollment of 
                                children described in 
                                subsection (a)(1), including, 
                                for purposes of determining 
                                eligibility, those children 
                                described in subparagraphs (F) 
                                and (G) of such subsection, 
                                that constitutes a percentage 
                                of the total student enrollment 
                                of the agency that is not less 
                                than 35 percent; and
                                  (II) was eligible to receive 
                                assistance under this paragraph 
                                for fiscal year 2001.
                          (v) Application.--With respect to the 
                        first fiscal year for which a heavily 
                        impacted local educational agency 
                        described in clause (i) applies for a 
                        basic support payment under 
                        subparagraph (A), or with respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency applies for a basic support 
                        payment under subparagraph (A) after 
                        becoming ineligible under clause (i) 
                        for 1 or more preceding fiscal years, 
                        the agency shall apply for such payment 
                        at least 1 year prior to the start of 
                        that first fiscal year.
                  [(C) /Eligibility for new heavily impacted 
                local educational agencies.--
                          [(i) /In general.--A heavily impacted 
                        local educational agency that did not 
                        receive an additional assistance 
                        payment under subsection (f) (as such 
                        subsection was in effect on the day 
                        before the date of the enactment of the 
                        Impact Aid Reauthorization Act of 2000) 
                        for fiscal year 2000 is eligible to 
                        receive a basic support payment under 
                        subparagraph (A) for fiscal year 2002 
                        and any subsequent fiscal year with 
                        respect to a number of children 
                        determined under subsection (a)(1) only 
                        if the agency is a local educational 
                        agency whose boundaries are the same as 
                        a Federal military installation (or if 
                        the agency is a qualified local 
                        educational agency as described in 
                        clause (iv)), or the agency--
                                  [(I) has an enrollment of 
                                children described in 
                                subsection (a)(1) that 
                                constitutes a percentage of the 
                                total student enrollment of the 
                                agency that--
                                          [(aa) is not less 
                                        than 50 percent if such 
                                        agency receives a 
                                        payment on behalf of 
                                        children described in 
                                        subparagraphs (F) and 
                                        (G) of such subsection; 
                                        or
                                          [(bb) is not less 
                                        than 40 percent if such 
                                        agency does not receive 
                                        a payment on behalf of 
                                        such children;
                                  [(II)(aa) for a local 
                                educational agency that has a 
                                total student enrollment of 350 
                                or more students, has a per-
                                pupil expenditure that is less 
                                than the average per-pupil 
                                expenditure of the State in 
                                which the agency is located; or
                                  [(bb) for a local educational 
                                agency that has a total student 
                                enrollment of less than 350 
                                students, has a per-pupil 
                                expenditure that is less than 
                                the average per-pupil 
                                expenditure of a comparable 
                                local education agency or three 
                                comparable local educational 
                                agencies in the State in which 
                                the local educational agency is 
                                located; and
                                  [(III) has a tax rate for 
                                general fund purposes that is 
                                at least 95 percent of the 
                                average tax rate for general 
                                fund purposes of comparable 
                                local educational agencies in 
                                the State.
                          [(ii) /Resumption of eligibility.--A 
                        heavily impacted local educational 
                        agency described in clause (i) that 
                        becomes ineligible under such clause 
                        for 1 or more fiscal years may resume 
                        eligibility for a basic support payment 
                        under this paragraph for a subsequent 
                        fiscal year only if the agency is a 
                        local educational agency whose 
                        boundaries are the same as a Federal 
                        military installation (or if the agency 
                        is a qualified local educational agency 
                        as described in clause (iv)), or meets 
                        the requirements of clause (i), for 
                        that subsequent fiscal year, except 
                        that such agency shall continue to 
                        receive a basic support payment under 
                        this paragraph for the fiscal year for 
                        which the ineligibility determination 
                        is made.
                          [(iii) /Application.--With respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency described in clause (i) applies 
                        for a basic support payment under 
                        subparagraph (A), or with respect to 
                        the first fiscal year for which a 
                        heavily impacted local educational 
                        agency applies for a basic support 
                        payment under subparagraph (A) after 
                        becoming ineligible under clause (i) 
                        for 1 or more preceding fiscal years, 
                        the agency shall apply for such payment 
                        at least 1 year prior to the start of 
                        that first fiscal year.
                          [(iv) /Qualified local educational 
                        agency.--A qualified local educational 
                        agency described in this clause is an 
                        agency that meets the following 
                        requirements:
                                  [(I) The boundaries of the 
                                agency are the same as island 
                                property designated by the 
                                Secretary of the Interior to be 
                                property that is held in trust 
                                by the Federal Government.
                                  [(II) The agency has no 
                                taxing authority.
                                  [(III) The agency received a 
                                payment under paragraph (1) for 
                                fiscal year 2001.
                  [(D) /Maximum amount for regular heavily 
                impacted local educational agencies.--(i) 
                Except as provided in subparagraph (E), the 
                maximum amount that a heavily impacted local 
                educational agency is eligible to receive under 
                this paragraph for any fiscal year is the sum 
                of the total weighted student units, as 
                computed under subsection (a)(2) and subject to 
                clause (ii), multiplied by the greater of--
                          [(I) four-fifths of the average per-
                        pupil expenditure of the State in which 
                        the local educational agency is located 
                        for the third fiscal year preceding the 
                        fiscal year for which the determination 
                        is made; or
                          [(II) four-fifths of the average per-
                        pupil expenditure of all of the States 
                        for the third fiscal year preceding the 
                        fiscal year for which the determination 
                        is made.
                  [(ii)(I) For a local educational agency with 
                respect to which 35 percent or more of the 
                total student enrollment of the schools of the 
                agency are children described in subparagraph 
                (D) or (E) (or a combination thereof) of 
                subsection (a)(1), the Secretary shall 
                calculate the weighted student units of such 
                children for purposes of subsection (a)(2) by 
                multiplying the number of such children by a 
                factor of 0.55.
                  [(II) For a local educational agency that has 
                an enrollment of 100 or fewer children 
                described in subsection (a)(1), the Secretary 
                shall calculate the total number of weighted 
                student units for purposes of subsection (a)(2) 
                by multiplying the number of such children by a 
                factor of 1.75.
                  [(III) For a local educational agency that 
                does not qualify under (B)(i)(II)(aa) of this 
                subsection and has an enrollment of more than 
                100 but not more than 1,000 children described 
                in subsection (a)(1), the Secretary shall 
                calculate the total number of weighted student 
                units for purposes of subsection (a)(2) by 
                multiplying the number of such children by a 
                factor of 1.25.]
                  (C) Maximum amount for heavily impacted local 
                educational agencies.--
                          (i) In general.--Except as provided 
                        for in subparagraph (D), the maximum 
                        amount that a heavily impacted local 
                        educational agency is eligible to 
                        receive under this paragraph for any 
                        fiscal year is the sum of the total 
                        weighted student units, as computed 
                        under subsection (a)(2) and subject to 
                        clause (ii), multiplied by the greater 
                        of--
                                  (I) four-fifths of the 
                                average per-pupil expenditure 
                                of the State in which the local 
                                educational agency is located 
                                for the third fiscal year 
                                preceding the fiscal year for 
                                which the determination is 
                                made; or
                                  (II) four-fifths of the 
                                average per-pupil expenditure 
                                of all of the States for the 
                                third fiscal year preceding the 
                                fiscal year for which the 
                                determination is made.
                          (ii) Special rules.--
                                  (I) Calculations for local 
                                educational agencies with large 
                                numbers of certain eligible 
                                children.--
                                          (aa) In general.--In 
                                        the case of a local 
                                        educational agency with 
                                        respect to which 35 
                                        percent or more of the 
                                        total student 
                                        enrollment of the 
                                        schools of the agency 
                                        are children described 
                                        in subparagraph (D) or 
                                        (E) of subsection 
                                        (a)(1), and that has an 
                                        enrollment of children 
                                        described in 
                                        subparagraph (A), (B), 
                                        or (C) of such 
                                        subsection equal to at 
                                        least 10 percent of the 
                                        agency's total 
                                        enrollment, the 
                                        Secretary shall 
                                        calculate the weighted 
                                        student units of the 
                                        children described in 
                                        subparagraph (D) or (E) 
                                        of such subsection by 
                                        multiplying the number 
                                        of such children by a 
                                        factor of 0.55.
                                          (bb) Exception.--
                                        Notwithstanding 
                                        subclause (I), any 
                                        local educational 
                                        agency that received a 
                                        payment under this 
                                        clause for fiscal year 
                                        2006, shall not be 
                                        required to have an 
                                        enrollment of children 
                                        described in 
                                        subparagraph (A), (B), 
                                        or (C) of subsection 
                                        (a)(1) equal to at 
                                        least 10 percent of the 
                                        agency's total 
                                        enrollment for purposes 
                                        of subclause (I).
                                  (II) Calculations for local 
                                educational agencies with small 
                                numbers of eligible children.--
                                For a local educational agency 
                                that has an enrollment of 100 
                                or fewer children described in 
                                subsection (a)(1), the 
                                Secretary shall calculate the 
                                total number of weighted 
                                student units for purposes of 
                                subsection (a)(2) by 
                                multiplying the number of such 
                                children by a factor of 1.75.
                                  (III) Calculations for 
                                certain other local educational 
                                agencies.--For a local 
                                educational agency that does 
                                not qualify under paragraph 
                                (2)(B)(i)(I) and has an 
                                enrollment of more than 100 but 
                                not more than 1,000 children 
                                described in subsection (a)(1), 
                                the Secretary shall calculate 
                                the total number of weighted 
                                student units for purposes of 
                                subsection (a)(2) by 
                                multiplying the number of such 
                                children by a factor of 1.25.
                  (D) Maximum amount for large heavily impacted 
                local educational agencies.--
                          (i) Applicable formula.--
                                  (I) In general.--Subject to 
                                clause (ii), the maximum amount 
                                that a heavily impacted local 
                                educational agency described in 
                                subclause (II) is eligible to 
                                receive under this paragraph 
                                for any fiscal year shall be 
                                determined in accordance with 
                                the formula described in 
                                paragraph (1)(C).
                                  (II) Heavily impacted local 
                                educational agencies.--A 
                                heavily impacted local 
                                educational agency described in 
                                this subclause is a local 
                                educational agency that has a 
                                total student enrollment of not 
                                less than 25,000 students, of 
                                which not less than 50 percent 
                                are children described in 
                                subsection (a)(1) and not less 
                                than 5,500 of such children are 
                                children described in 
                                subparagraphs (A) and (B) of 
                                subsection (a)(1).
                          (ii) Factor.--For purposes of 
                        calculating the maximum amount 
                        described in clause (i), the factor 
                        used in determining the weighted 
                        student units under subsection (a)(2) 
                        with respect to children described in 
                        subparagraphs (A) and (B) of subsection 
                        (a)(1) shall be 1.35.
                  [(E) /Maximum amount for large heavily 
                impacted local educational agencies.--(i)(I) 
                Subject to clause (ii), the maximum amount that 
                a heavily impacted local educational agency 
                described in subclause (II) is eligible to 
                receive under this paragraph for any fiscal 
                year shall be determined in accordance with the 
                formula described in paragraph (1)(C).
                  [(II) A heavily impacted local educational 
                agency described in this subclause is a local 
                educational agency that has a total student 
                enrollment of not less than 25,000 students, of 
                which not less than 50 percent are children 
                described in subsection (a)(1) and not less 
                than 6,000 of such children are children 
                described in subparagraphs (A) and (B) of 
                subsection (a)(1).
                  [(ii) For purposes of calculating the maximum 
                amount described in clause (i), the factor used 
                in determining the weighted student units under 
                subsection (a)(2) with respect to children 
                described in subparagraphs (A) and (B) of 
                subsection (a)(1) shall be 1.35.]
                  [(F)](E) /Data.--For purposes of providing 
                assistance under this paragraph [the 
                Secretary--
                          (i) shall use]the Secretary shall use 
                        student, revenue, expenditure, and tax 
                        data from the third fiscal year 
                        preceding the fiscal year for which the 
                        local educational agency is applying 
                        for assistance under this paragraph[; 
                        and].
                          [(ii) except as provided in 
                        subparagraph (C)(i)(I), shall include 
                        all of the children described in 
                        subparagraphs (F) and (G) of subsection 
                        (a)(1) enrolled in schools of the local 
                        educational agency in determining (I) 
                        the eligibility of the agency for 
                        assistance under this paragraph, and 
                        (II) the amount of such assistance if 
                        the number of such children meet the 
                        requirements of subsection (a)(3).]
                  [(G)](F) /Determination of average tax rates 
                for general fund purposes.--For the purpose of 
                determining average tax rates for general fund 
                purposes for local educational agencies in a 
                State under this paragraph (except under 
                subparagraph [(C)(i)(II)(bb)](B)(i)(II)(bb), 
                the Secretary shall use either--

           *       *       *       *       *       *       *

                  [(H)](G) /Eligibility for heavily impacted 
                local educational agencies affected by 
                privatization of military housing.--
                          (i) /Eligibility.--For any fiscal 
                        year, a heavily impacted local 
                        educational agency that received a 
                        basic support payment under this 
                        paragraph for the prior fiscal year, 
                        but is ineligible for such payment for 
                        the current fiscal year under 
                        subparagraph [(B), (C), (D), or 
                        (E)](B), (C), or (D), as the case may 
                        be, [by reason of]due to the conversion 
                        of military housing units to private 
                        housing described in clause (iii) or as 
                        the direct result of base realignment 
                        and closure or modular-
                        ization as determined by the Secretary 
                        of Defense, force structure change, or 
                        force relocation, shall be deemed to 
                        meet the eligibility requirements under 
                        subparagraph (B) or (C), as the case 
                        may be, for the period during which the 
                        housing units are undergoing such 
                        conversion or during such time as 
                        activities associated with base 
                        realignment and closure, modulariza-
                        tion, force structure change, or force 
                        relocation are ongoing.
                          (ii) /Amount of payment.--The amount 
                        of a payment to a heavily impacted 
                        local educational agency for a fiscal 
                        year by reason of the application of 
                        clause (i), and calculated in 
                        accordance with subparagraph [(D) or 
                        (E)](C) or (D), as the case may be, 
                        shall be based on the number of 
                        children in average daily attendance in 
                        the schools of such agency for the 
                        fiscal year and under the same 
                        provisions of subparagraph [(D) or 
                        (E)](C) or (D) under which the agency 
                        was paid during the prior fiscal year.

           *       *       *       *       *       *       *

                  (H) Special rule.--The Secretary shall--
                          (i) deem each local educational 
                        agency that received a fiscal year 2009 
                        basic support payment for heavily 
                        impacted local educational agencies 
                        under this paragraph as eligible to 
                        receive a basic support payment for 
                        heavily impacted local educational 
                        agencies under this paragraph for each 
                        of fiscal years 2010, 2011, and 2012; 
                        and
                          (ii) make a payment to such local 
                        educational agency under such section 
                        for each of fiscal years 2010, 2011, 
                        and 2012.
                  (I) Continued eligibility for a heavily 
                impacted local educational agency entering into 
                an intergovernmental cooperative agreement with 
                a state educational agency.--For any fiscal 
                year, a heavily impacted local educational 
                agency that received a basic support payment 
                under this paragraph for the fiscal year prior 
                to the fiscal year for which such local 
                educational agency entered into an 
                intergovernmental cooperative agreement with a 
                State educational agency shall remain eligible 
                to receive a basic support payment under this 
                paragraph for the duration of the 
                intergovernmental cooperative agreement, but in 
                no case for more than 5 years.
          (3) /Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--
                  (A) /In general.--For any fiscal year in 
                which the sums appropriated under section 
                [8014(b)]3(aa)(2) are insufficient to pay to 
                each local educational agency the full amount 
                computed under paragraphs (1) and (2), the 
                Secretary shall make payments in accordance 
                with this paragraph.
                  (B) /Learning opportunity threshold payments 
                in lieu of payments under paragraph (1).--(i) 
                For fiscal years described in subparagraph (A), 
                the Secretary shall compute a learning 
                opportunity threshold payment (hereafter in 
                this title referred to as the ``threshold 
                payment'') in lieu of basic support payments 
                under paragraph (1) by multiplying the amount 
                obtained under paragraph (1)(C) by the total 
                percentage obtained by adding--
                          (I) * * *
          * * * * * * *
                  (iii) * * *
          * * * * * * *
                  (iv) In the case of a local educational 
                agency that is providing a program of distance 
                learning to children not residing within the 
                geographic boundaries of the agency, the 
                Secretary shall disregard such children from 
                such agency's total enrollment when calculating 
                the percentage under clause (i)(I) and shall 
                disregard any funds received for such children 
                when calculating the total current expenditures 
                attributed to the operation of such agency when 
                calculating the percentage under clause 
                (i)(II).
                  [(iv)](v) In the case of a local educational 
                agency that has a total student enrollment of 
                fewer than 1,000 students and that has a per-
                pupil expenditure that is less than the average 
                per-pupil expenditure of the State in which the 
                agency is located or less than the average per-
                pupil expenditure of all the States, the total 
                percentage used to calculate threshold payments 
                under clause (i) shall not be less than 40 
                percent.
                  (C) /Learning opportunity threshold payments 
                in lieu of payments under paragraph (2).--For 
                fiscal years described in subparagraph (A), the 
                learning opportunity threshold payment in lieu 
                of basic support payments under paragraph (2) 
                shall be equal to the amount obtained under 
                [subparagraph (D) or (E) of paragraph (2), as 
                the case may be]paragraph (2)(D).
                  [(D) /Ratable distribution.--For fiscal years 
                described in subparagraph (A), the Secretary 
                shall make payments as a ratable distribution 
                based upon the computations made under 
                subparagraphs (B) and (C).]
                  (D) Ratable distribution.--
                          (i) In general.--For each fiscal year 
                        described in subparagraph (A) for which 
                        the sums appropriated under section 
                        3(aa)(2) exceed the amount required to 
                        pay each local educational agency 100 
                        percent of the local educational 
                        agency's threshold payment under 
                        subparagraph (B), the Secretary shall 
                        distribute the excess sums to each 
                        eligible local educational agency that 
                        has not received the agency's maximum 
                        payment amount computed under paragraph 
                        (1) or (2) (as the case may be) by 
                        multiplying--
                                  (I) a percentage, the 
                                denominator of which is the 
                                difference between the maximum 
                                payment amount computed under 
                                paragraph (1) or (2) (as the 
                                case may be) for all local 
                                educational agencies and the 
                                amount of the threshold payment 
                                (as calculated under 
                                subparagraphs (B) and (C)) of 
                                all local educational agencies, 
                                and the numerator of which is 
                                the aggregate amount of the 
                                excess sums; by
                                  (II) the difference between 
                                the maximum payment amount 
                                computed under paragraph (1) or 
                                (2) (as the case may be) for 
                                the agency and the amount of 
                                the threshold payment as 
                                calculated under subparagraphs 
                                (B) and (C) for the agency.
                          (ii) Insufficient payments.--For each 
                        fiscal year described in subparagraph 
                        (A) for which the sums appropriated 
                        under section 3(aa)(2) are insufficient 
                        to pay each local educational agency 
                        all of the local educational agency's 
                        threshold payment described in clause 
                        (i), the Secretary shall ratably reduce 
                        the payment to each local educational 
                        agency under this paragraph.
                          (iii) Increases.--If the sums 
                        appropriated under section 3(aa)(2) are 
                        sufficient to increase the threshold 
                        payment above the 100 percent threshold 
                        payment described in clause (i), then 
                        the Secretary shall increase payments 
                        on the same basis as such payments were 
                        reduced, except no local educational 
                        agency may receive a payment amount 
                        greater than 100 percent of the maximum 
                        payment calculated under this 
                        subsection.

           *       *       *       *       *       *       *

  (c) /Prior Year Data.--
          (1) /In general.--* * *
          [(2) /Exception.--Calculations for a local 
        educational agency that is newly established by a State 
        shall, for the first year of operation of such agency, 
        be based on data from the fiscal year for which the 
        agency is making application for payment.]
          (2) Exception.--Calculation of payments for a local 
        educational agency shall be based on data from the 
        fiscal year for which the agency is making an 
        application for payment if such agency--
                  (A) is newly established by a State, for the 
                first year of operation of such agency only;
                  (B) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an overall increase in enrollment (as 
                determined by the Secretary in consultation 
                with the Secretary of Defense, the Secretary of 
                Interior, or the heads of other Federal 
                agencies)--
                          (i) of not less than 10 percent, or 
                        100 students, of children described 
                        in--
                                  (I) subparagraph (A), (B), 
                                (C), or (D) of subsection 
                                (a)(1); or
                                  (II) subparagraph (F) or (G) 
                                of subsection (a)(1), but only 
                                to the extent such children are 
                                civilian dependents of 
                                employees of the Department of 
                                Defense or the Department of 
                                the Interior; and
                          (ii) that is the direct result of 
                        closure or realignment of military 
                        installations under the base closure 
                        process or the relocation of members of 
                        the Armed Forces and civilian employees 
                        of the Department of Defense as part of 
                        force structure changes or movements of 
                        units or personnel between military 
                        installations or because of actions 
                        initiated by the Secretary of Interior 
                        or the head of another Federal agency; 
                        or
                  (C) was eligible to receive a payment under 
                this section for the previous fiscal year and 
                has had an overall increase in enrollment (as 
                determined by the Secretary)--
                          (i) of not less than 10 percent of 
                        children described in subsection 
                        (a)(1), or not less than 100 of such 
                        children; and
                          (ii) that is the direct result of the 
                        closure of a local educational agency 
                        that received a payment under paragraph 
                        (1) or (2) of subsection (b) in the 
                        previous fiscal year.
  (d) /Children With Disabilities.--
          (1) /In general.--From the amount appropriated under 
        section [8014(c)]3(aa)(3) for a fiscal year, the 
        Secretary shall pay to each eligible local educational 
        agency, on a pro rata basis, the amounts determined 
        by--

           *       *       *       *       *       *       *

  (e) /Hold Harmless.--
          [(1) /In general.--Subject to paragraphs (2) and (3), 
        the total amount the Secretary shall pay a local 
        educational agency under subsection (b)--
                  [(A) for fiscal year 2001 shall not be less 
                than 85 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000; 
                and
                  [(B) for fiscal year 2002 shall not be less 
                than 70 percent of the total amount that the 
                local educational agency received under 
                subsections (b) and (f) for fiscal year 2000.
          [(2) /Maximum amount.--The total amount provided to a 
        local educational agency under subparagraph (A) or (B) 
        of paragraph (1) for a fiscal year shall not exceed the 
        maximum basic support payment amount for such agency 
        determined under paragraph (1) or (2) of subsection 
        (b), as the case may be.]
          (1) In general.--Subject to paragraph (2), the total 
        amount the Secretary shall pay a local educational 
        agency under subsection (b)--
                  (A) for fiscal year 2012, shall not be less 
                than 90 percent of the total amount that the 
                local educational agency received under 
                paragraphs (1) and (2) of subsection (b) for 
                fiscal year 2011;
                  (B) for fiscal year 2013, shall not be less 
                than 85 percent of the total amount that the 
                local educational agency received under 
                paragraphs (1) and (2) of subsection (b) for 
                fiscal year 2011; and
                  (C) for fiscal year 2014, shall not be less 
                than 80 percent of the total amount that the 
                local educational agency received under 
                paragraphs (1) and (2) of subsection (b) for 
                fiscal year 2011.
          [(3)](2) /Ratable reductions.--
                  (A) /In general.--* * *

           *       *       *       *       *       *       *

  (f) /Other Funds.--* * *
  [(g) /Maintenance of Effort.--A local educational agency may 
receive funds under sections 8002 and 8003(b) for any fiscal 
year only if the State educational agency finds that either the 
combined fiscal effort per student or the aggregate 
expenditures of that agency and the State with respect to the 
provision of free public education by that agency for the 
preceding fiscal year was not less than 90 percent of such 
combined fiscal effort or aggregate expenditures for the second 
preceding fiscal year.]
          * * * * * * *

SEC. 8007. CONSTRUCTION.

  (a) Construction Payments Authorized.--
          (1) In general.--From 40 percent of the amount 
        appropriated for each fiscal year under section 
        [8014(e)]3(aa)(4), the Secretary shall make payments in 
        accordance with this subsection to each local 
        educational agency that receives a basic support 
        payment under section 8003(b) for that fiscal year.
          (2) Additional requirements.--* * *
                  (A) * * *
          * * * * * * *
                  (C) The agency is eligible under section 
                8003(b)(2) or is receiving a basic support 
                payment under circumstances described in 
                section 8003(b)(2)(B)(ii).
          (3) /Amount of payments.--
                  (A) /Local educational agencies impacted by 
                military dependent children.--The amount of a 
                payment to each local educational agency 
                described in this subsection that is impacted 
                by military dependent children for a fiscal 
                year shall be equal to--
                          (i)(II) 20 percent of the amount 
                        appropriated under section 
                        [8014(e)]3(aa)(4) for such fiscal year; 
                        divided by
                          (II) * * *

           *       *       *       *       *       *       *

                  (B) /Local educational agencies impacted by 
                children who reside on indian lands.--The 
                amount of a payment to each local educational 
                agency described in this subsection that is 
                impacted by children who reside on Indian lands 
                for a fiscal year shall be equal to--
                          (i)(I) 20 percent of the amount 
                        appropriated under section 
                        [8014(e)]3(aa)(4) for such fiscal year; 
                        divided by
                          (II) * * *

           *       *       *       *       *       *       *

  (b) /School Facility Emergency and Modernization Grants 
Authorized.--
          (1) /In general.--From 60 percent of the amount 
        appropriated for each fiscal year under section 
        [8014(e)]3(aa)(4), the Secretary--
                  (A) * * *

           *       *       *       *       *       *       *


SEC. 8008. FACILITIES.

  (a) /Current Facilities.--From the amount appropriated for 
any fiscal year under section [8014(f)]3(aa)(5), the Secretary 
may continue to provide assistance for school facilities that 
were supported by the Secretary under section 10 of the Act of 
September 23, 1950 (Public Law 815, 81st Congress) (as such Act 
was in effect on the day preceding the date of the enactment of 
the Improving America's Schools Act of 1994).

           *       *       *       *       *       *       *


SEC. 8010. FEDERAL ADMINISTRATION.

  (a) /Payments in Whole Dollar Amounts.--* * *

           *       *       *       *       *       *       *

  (c) /Special Rules.--
          (1) /Certain children eligible under subparagraphs 
        (/a)/ and (/g)(ii)/ of section 8003(a)(/1).--(A) The 
        Secretary shall treat as eligible under subparagraph 
        (A) of section 8003(a)(1) any child who would be 
        eligible under such subparagraph except that the 
        Federal property on which the child resides or on which 
        the child's parent is employed is not in the same State 
        in which the child attends school, if such child meets 
        the requirements of [paragraph (3) of this 
        subsection]paragraph (2).
          (B) The Secretary shall treat as eligible under 
        subparagraph (G) of section 8003(a)(1) any child who 
        would be eligible under such subparagraph except that 
        such child does not meet the requirements of clause 
        (ii) of such subparagraph, if such child meets the 
        requirements of [paragraph (3) of this 
        subsection]paragraph (2).
          (2) /Requirements.--A child meets the requirements of 
        this paragraph if--
                  (A) such child resides--
                          (i) * * *

           *       *       *       *       *       *       *

                  (E) such agency received a payment for fiscal 
                year 1999 [under section 8003(b) on behalf of 
                children described in paragraph (1).]under this 
                title.
  (d) Timely Payments.--
          (1) In general.--Subject to paragraph (2), the 
        Secretary shall pay a local educational agency the full 
        amount that the agency is eligible to receive under 
        this title for a fiscal year not later than September 
        30 of the second fiscal year following the fiscal year 
        for which such amount has been appropriated if, not 
        later than 1 calendar year following the fiscal year in 
        which such amount has been appropriated, such local 
        educational agency submits to the Secretary all the 
        data and information necessary for the Secretary to pay 
        the full amount that the agency is eligible to receive 
        under this title for such fiscal year.
          (2) Payments with respect to fiscal years in which 
        insufficient funds are appropriated.--For a fiscal year 
        in which the amount appropriated under section 3(aa) is 
        insufficient to pay the full amount a local educational 
        agency is eligible to receive under this title, 
        paragraph (1) shall be applied by substituting ``is 
        available to pay the agency'' for ``the agency is 
        eligible to receive'' each place the term appears.

           *       *       *       *       *       *       *


SEC. 8013. DEFINITIONS.

  For purposes of this title:
          (1) /Armed forces.--The term ``Armed Forces'' means 
        the Army, Navy, Air Force, [and Marine Corps]Marine 
        Corps, and Coast Guard.

           *       *       *       *       *       *       *

          (5) /Federal property.--
                  (A) /In general.--* * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii)(I) * * *
                          (II) used to provide housing for 
                        homeless children at closed military 
                        installations pursuant to section 501 
                        of the [Stewart B. McKinney Homeless 
                        Assistance Act]McKinney-Vento Homeless 
                        Assistance Act; or
                          (III) used for affordable housing 
                        assisted under the Native American 
                        Housing Assistance and Self-
                        Determination Act of 1996; or

           *       *       *       *       *       *       *


[SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.]

  [(a) Payments for Federal Acquisition of Real Property.--For 
the purpose of making payments under section 8002, there are 
authorized to be appropriated $32,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the seven 
succeeding fiscal years.
  [(b) Basic Payments; Payments for Heavily Impacted Local 
Educational Agencies.--For the purpose of making payments under 
section 8003(b), there are authorized to be appropriated 
$809,400,000 for fiscal year 2000 and such sums as may be 
necessary for each of the seven succeeding fiscal years.
  [(c) Payments for Children With Disabilities.--For the 
purpose of making payments under section 8003(d), there are 
authorized to be appropriated $50,000,000 for fiscal year 2000 
and such sums as may be necessary for each of the seven 
succeeding fiscal years.
  [(e) Construction.--For the purpose of carrying out section 
8007, there are authorized to be appropriated $10,052,000 for 
fiscal year 2000 and such sums as may be necessary for fiscal 
year 2001, $150,000,000 for fiscal year 2002, and such sums as 
may be necessary for each of the five succeeding fiscal years.
  [(f) Facilities Maintenance.--For the purpose of carrying out 
section 8008, there are authorized to be appropriated 
$5,000,000 for fiscal year 2000 and such sums as may be 
necessary for each of the seven succeeding fiscal years.]

           *       *       *       *       *       *       *


                      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. 9101. DEFINITIONS.

  Except as otherwise provided, in this Act:
          (1) Adjusted cohort; entering cohort; transferred 
        into; transferred out.--
                  (A) Adjusted cohort.--Subject to clauses (ii) 
                and (iii) of subparagraph (D) and subparagraphs 
                (E) through (G), the term ``adjusted cohort'' 
                means the difference of--
                          (i) the sum of--
                                  (I) the entering cohort; plus
                                  (II) any students that 
                                transferred into the cohort in 
                                any of grades 9 through 12; 
                                minus
                          (ii) any students that are removed 
                        from the cohort as described in 
                        subparagraph (E).
                  (B) Entering cohort.--The term ``entering 
                cohort'' when used with respect to a secondary 
                school, means the number of first-time students 
                in grade 9 enrolled in the secondary school 1 
                month after the start of the secondary school's 
                academic year.
                  (C) Transferred into.--The term ``transferred 
                into'' when used with respect to a secondary 
                school student, means a student who--
                          (i) was a first-time student in grade 
                        9 during the same school year as the 
                        entering cohort; and
                          (ii) enrolls after the entering 
                        cohort is calculated as described in 
                        subparagraph (B).
                  (D) Transferred out.--
                          (i) In general.--The term 
                        ``transferred out'' when used with 
                        respect to a secondary school student, 
                        means a student who the secondary 
                        school or local educational agency has 
                        confirmed has transferred--
                                  (I) to another school from 
                                which the student is expected 
                                to receive a regular secondary 
                                school diploma; or
                                  (II) to another educational 
                                program from which the student 
                                is expected to receive a 
                                regular secondary school 
                                diploma.
                          (ii) Confirmation requirements.--
                                  (I) Documentation required.--
                                The confirmation of a student's 
                                transfer to another school or 
                                educational program described 
                                in clause (i) requires 
                                documentation from the 
                                receiving school or program 
                                that the student enrolled in 
                                the receiving school or 
                                program.
                                  (II) Lack of confirmation.--A 
                                student who was enrolled, but 
                                for whom there is no 
                                confirmation of the student 
                                having transferred out, shall 
                                remain in the cohort as a 
                                nongraduate for reporting and 
                                accountability purposes under 
                                this Act.
                          (iii) Programs not providing 
                        credit.--A student enrolled in a GED or 
                        other alternative educational program 
                        that does not issue or provide credit 
                        toward the issuance of a regular 
                        secondary school diploma shall not be 
                        considered transferred out and shall 
                        remain in the adjusted cohort.
                  (E) Cohort removal.--To remove a student from 
                a cohort, a school or local educational agency 
                shall require documentation to confirm that the 
                student has transferred out, emigrated to 
                another country, or is deceased.
                  (F) Treatment of other departures and 
                withdrawals.--A student who was retained in a 
                grade, enrolled in a GED program, aged out of a 
                secondary school or secondary school program, 
                or left secondary school for any other reason, 
                including expulsion, shall not be considered 
                transferred out, and shall remain in the 
                adjusted cohort.
                  (G) Special rule.--For those secondary 
                schools that start after grade 9, the entering 
                cohort shall be calculated 1 month after the 
                start of the secondary school's academic year 
                in the earliest secondary school grade at the 
                secondary school.
          (2) Advanced placement or international baccalaureate 
        course.--The term ``Advanced Placement or International 
        Baccalaureate course'' means--
                  (A) a course of postsecondary-level 
                instruction provided to secondary school 
                students, terminating in Advanced Placement or 
                International Baccalaureate examination; or
                  (B) another highly rigorous, evidence-based, 
                postsecondary preparatory program terminating 
                in--
                          (i) an examination administered by a 
                        nationally recognized educational 
                        organization that has a demonstrated 
                        record of effectiveness in assessing 
                        secondary school students; or
                          (ii) another such examination 
                        approved by the Secretary.
          (3) Advanced placement or international baccalaureate 
        examination.--The term ``Advanced Placement or 
        International Baccalaureate examination'' means an 
        Advanced Placement examination administered by the 
        College Board, an International Baccalaureate 
        examination administered by the International 
        Baccalaureate Organization, or another such examination 
        approved by the Secretary.
          (4) Authorizing committees.--The term ``authorizing 
        committees'' means the Committee on Education and the 
        Workforce of the House of Representatives and the 
        Committee on Health, Education, Labor, and Pensions of 
        the Senate.
          (5) 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 served by another 
                local educational agency, 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.
          (6) 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 most recent 
                        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 
                year.
          (7) Charter management organization.--The term 
        ``charter management organization'' means a nonprofit 
        organization that operates, manages, or oversees 
        multiple charter schools by centralizing or sharing 
        certain functions and resources among such schools.
          (8) Child.--The term ``child'' means any person 
        within the age limits for which the State provides free 
        public education.
          (9) 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.
          (10) Conditions for learning.--The term ``conditions 
        for learning'' means conditions that advance student 
        achievement and positive child and youth development by 
        supporting schools that--
                  (A) promote physical, mental, and emotional 
                health;
                  (B) ensure the safety of students and staff;
                  (C) promote social, emotional, and character 
                development; and
                  (D) have the following attributes:
                          (i) Provide opportunities for 
                        physical activity and good nutrition.
                          (ii) Are free of violence, 
                        harassment, and weapons.
                          (iii) Prevent use and abuse of drugs 
                        and controlled substances.
                          (iv) Help staff and students to model 
                        positive social and emotional skills.
                          (v) Employ adults who have high 
                        expectations for student conduct, 
                        character, and academic achievement.
                          (vi) Engage parents and family 
                        members in meaningful and sustained 
                        ways to promote positive student 
                        academic achievement and developmental 
                        outcomes.
          (11) Consolidated local application.--The term 
        ``consolidated local application'' means an application 
        submitted by a local educational agency pursuant to 
        section 9305.
          (12) Consolidated local plan.--The term 
        ``consolidated local plan'' means a plan submitted by a 
        local educational agency pursuant to section 9305.
          (13) Consolidated state application.--The term 
        ``consolidated State application'' means an application 
        submitted by a State educational agency pursuant to 
        section 9302.
          (14) Consolidated state plan.--The term 
        ``consolidated State plan'' means a plan submitted by a 
        State educational agency pursuant to section 9302.
          (15) 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.
          (16) Covered program.--The term ``covered program'' 
        means each of the programs authorized by--
                  (A) part A of title I;
                  (B) part C of title I;
                  (C) part D of title I;
                  (D) part A of title II;
                  (E) part A of title III;
                  (F) part B of title IV; and
                  (G) subpart 2 of part B of title VI.
          (17) 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.
          (18) Department.--The term ``Department'' means the 
        Department of Education.
          (19) Developmental delay.--The term ``developmental 
        delay'' has the meaning given the term in section 632 
        of the Individuals with Disabilities Education Act (20 
        U.S.C. 1432).
          (20) Distance learning.--The term ``distance 
        learning'' means the transmission of educational or 
        instructional programming to geographically dispersed 
        individuals and groups via telecommunications.
          (21) 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.
          (22) 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.
          (23) English learner.--The term ``English learner'' 
        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 
                        on-track level of performance on State 
                        assessments described in section 
                        1111(a)(2);
                          (ii) the ability to successfully 
                        achieve in classrooms where the 
                        language of instruction is English; or
                          (iii) the opportunity to participate 
                        fully in society.
          (24) Evidence-based.--The term ``evidence-based'', 
        when used with respect to a program, practice, or 
        policy, means--
                  (A) based on a comprehensive, unbiased review 
                and weighing of 1 or more evaluation studies 
                that--
                          (i) have been carried out consistent 
                        with the principles of scientific 
                        research;
                          (ii) have strong internal and 
                        external validity; and
                          (iii) support the direct attribution 
                        of 1 or more outcomes to the program, 
                        practice, or policy; or
                  (B) in the absence of any study described in 
                subparagraph (A), based on a comprehensive, 
                unbiased review and weighing of data analysis, 
                research, or 1 or more evaluation studies of 
                relevant programs, practices, or policies, 
                that--
                          (i) were carried out consistent with 
                        the principles of scientifically based 
                        research; and
                          (ii) are accompanied by strategies to 
                        generate more robust evidence over time 
                        through research, evaluation, and data 
                        analysis, including--
                                  (I) the measurement of 
                                performance with reliable 
                                process and outcome indicators; 
                                and
                                  (II) the implementation of 
                                evaluations with strong 
                                internal and external validity 
                                where feasible and appropriate.
          (25) Expanded learning time.--The term ``expanded 
        learning time'' means using a longer school day, week, 
        or year schedule to significantly increase the total 
        number of school hours, in order to include additional 
        time for--
                  (A) instruction in core academic subjects;
                  (B) instruction in other subjects and 
                enrichment and other activities that contribute 
                to a well-rounded education, including music 
                and the arts, physical education, and 
                experiential and work-based learning; and
                  (C) instructional and support staff to 
                collaborate, plan, and engage in professional 
                development, including on family and community 
                engagement, within and across grades and 
                subjects.
          (26) Family literacy activities.--The term ``family 
        literacy activities'' means activities that--
                  (A) are of sufficient intensity in terms of 
                hours, and of sufficient duration, to make 
                sustainable improvements in the literacy rates 
                of a family;
                  (B) better enable parents to support their 
                children's learning needs; and
                  (C) integrate all of the following 
                activities:
                          (i) Parent adult education and 
                        literacy activities that lead to 
                        readiness for postsecondary education 
                        or training, career advancement, and 
                        economic self-sufficiency.
                          (ii) Interactive literacy activities 
                        between parents and their children.
                          (iii) Training for parents regarding 
                        how to be the primary teacher for their 
                        children and full partners in the 
                        education of their children.
                          (iv) Age-appropriate education to 
                        prepare children for success in school 
                        and life experiences.
          (27) Family member.--The term ``family member'' means 
        a parent, relative, or other adult who is responsible 
        for the care and well-being of a child.
          (28) 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 or secondary education, as 
                determined under State law, except that, 
                notwithstanding State law, such term--
                          (i) includes preschool education; and
                          (ii) does not include any education 
                        provided beyond grade 12.
          (29) 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.
          (30) Graduation rates.--The term ``graduation rates'' 
        shall, at a minimum, include both of the following:
                  (A) A 4-year adjusted cohort graduation rate 
                for a school year, defined as the percent 
                obtained by calculating the product of--
                          (i) the result of--
                                  (I) the number of students 
                                who--
                                          (aa) formed the 
                                        adjusted cohort 4 years 
                                        earlier; and
                                          (bb) graduate in 4 
                                        years or less with a 
                                        regular secondary 
                                        school diploma; divided 
                                        by
                                  (II) the number of students 
                                who formed the adjusted cohort 
                                for that year's graduating 
                                class 4 years earlier; 
                                multiplied by
                          (ii) 100.
                  (B) A cumulative graduation rate for a school 
                year, defined as the percent obtained by 
                calculating the product of--
                          (i) the result of--
                                  (I) the sum of--
                                          (aa) the number of 
                                        students who--
                                                  (AA) form the 
                                                adjusted cohort 
                                                for that year's 
                                                graduating 
                                                class; and
                                                  (BB) graduate 
                                                in 4 years or 
                                                less with a 
                                                regular 
                                                secondary 
                                                school diploma; 
                                                plus
                                          (bb) the number of 
                                        additional students 
                                        from previous cohorts 
                                        who graduate with a 
                                        regular secondary 
                                        school diploma by the 
                                        end of the school year 
                                        in--
                                                  (AA) more 
                                                than 4 years 
                                                but not more 
                                                than 6 years; 
                                                or
                                                  (BB) before 
                                                exceeding the 
                                                age for 
                                                eligibility for 
                                                a free 
                                                appropriate 
                                                public 
                                                education (as 
                                                defined in 
                                                section 602 of 
                                                the Individuals 
                                                with 
                                                Disabilities 
                                                Education Act) 
                                                under State 
                                                law; divided by
                                  (II) the sum of--
                                          (aa) the number of 
                                        students who form the 
                                        adjusted cohort for 
                                        that year's graduating 
                                        class; plus
                                          (bb) the number of 
                                        additional student 
                                        graduates described in 
                                        subclause (I)(bb); 
                                        multiplied by
                          (ii) 100.
          (31) 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.
          (32) Highly qualified teacher.--
                  (A) In general.--The term ``highly qualified 
                teacher'' means--
                          (i) with respect to any public 
                        elementary school, middle school, or 
                        high school teacher teaching in a 
                        State, a teacher who--
                                  (I)(aa) has obtained 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 the 
                                State, except that when used 
                                with respect to any teacher 
                                teaching in a charter school, 
                                the term means that the teacher 
                                meets the requirements set 
                                forth in the State's charter 
                                school law; or
                                  (bb) has passed a rigorous 
                                State test for subject matter 
                                knowledge and is making 
                                satisfactory progress towards 
                                obtaining full certification or 
                                licensure within 3 years 
                                through participation in a 
                                high-quality, State-approved 
                                alternative certification 
                                program; and
                                  (II) has not had 
                                certification or licensure 
                                requirements waived on an 
                                emergency, temporary, or 
                                provisional basis;
                          (ii) with respect to--
                                  (I) an elementary school 
                                teacher who is new to the 
                                profession, that the teacher 
                                holds at least a bachelor's 
                                degree and--
                                          (aa) if teaching more 
                                        than a single subject, 
                                        has demonstrated, by 
                                        receiving a passing 
                                        score on 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
                                          (bb) if teaching a 
                                        single subject, meets 
                                        either the requirement 
                                        in item (aa) or (bb) of 
                                        subclause (II); and
                                  (II) a middle school or high 
                                school teacher who is new to 
                                the profession, 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--
                                          (aa) receiving a 
                                        passing score on 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 the teacher 
                                        teaches); or
                                          (bb) 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
                          (iii) with respect to an elementary 
                        school, middle school, or high school 
                        teacher who is not new to the 
                        profession, that the teacher holds at 
                        least a bachelor's degree and--
                                  (I) has met the applicable 
                                standard in subclause (I) or 
                                (II) of clause (ii), 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, 
                                which may include multiple 
                                subjects, that--
                                          (aa) is set by the 
                                        State for both grade-
                                        appropriate academic 
                                        subject-matter 
                                        knowledge and teaching 
                                        skills;
                                          (bb) is aligned with 
                                        State academic content 
                                        and student academic 
                                        achievement standards 
                                        under section 
                                        1111(a)(1) and 
                                        developed in 
                                        consultation with core 
                                        content specialists, 
                                        teachers, principals, 
                                        and school 
                                        administrators;
                                          (cc) provides 
                                        objective, coherent 
                                        information about the 
                                        teacher's attainment of 
                                        core content knowledge 
                                        in the academic 
                                        subjects in which a 
                                        teacher teaches;
                                          (dd) is applied 
                                        uniformly to all 
                                        teachers in the same 
                                        academic subject and 
                                        the same grade level 
                                        throughout the State;
                                          (ee) takes into 
                                        consideration, but is 
                                        not based primarily on, 
                                        the time the teacher 
                                        has been teaching in 
                                        the academic subject;
                                          (ff) is made 
                                        available to the public 
                                        on request; and
                                          (gg) may involve 
                                        multiple, objective 
                                        measures of teacher 
                                        competency.
                  (B) Special rule.--Notwithstanding the 
                requirements of subparagraph (A), a State may 
                deem a teacher to be a highly qualified teacher 
                for purposes of this Act, if the teacher is--
                          (i) a teacher with a bachelor's 
                        degree who has received and maintained, 
                        for the State in which the teacher 
                        teaches, a rating in the highest 
                        categories of a teacher evaluation 
                        system consistent with section 
                        2301(b)(4);
                          (ii) a teacher in a rural local 
                        educational agency, as described in 
                        section 6211(d), who teaches multiple 
                        subjects, if the teacher is a highly 
                        qualified teacher in 1 of the core 
                        academic subjects that the teacher 
                        teaches and becomes highly qualified in 
                        the additional subjects in not more 
                        than 3 years by meeting the 
                        requirements of clause (ii) or (iii) of 
                        subparagraph (A);
                          (iii) a science teacher who holds a 
                        broad field science or individual 
                        science certification or licensure and 
                        whom the State determines is highly 
                        qualified for purposes of this 
                        paragraph;
                          (iv) a teacher who has been 
                        determined to be highly qualified by 
                        the State as of the day before the date 
                        of enactment of the Elementary and 
                        Secondary Education Reauthorization Act 
                        of 2011; or
                          (v) a teacher who is a participant in 
                        an exchange visitor program and whom 
                        the State determines is highly 
                        qualified for the purposes of this 
                        paragraph.
                  (C) Special education teachers.--The 
                definition of the term ``highly qualified 
                teacher'' shall also include a special 
                education teacher who is highly qualified as 
                determined under section 602(10) of the 
                Individuals with Disabilities Education Act.
          (33) High-need local educational agency.--The term 
        ``high-need local educational agency'' means a local 
        educational agency--
                  (A) that serves not fewer than 10,000 
                children from families with incomes below the 
                poverty line;
                  (B) for which not less than 20 percent of the 
                children served by the agency are from families 
                with incomes below the poverty line; or
                  (C) that is in the highest quartile of local 
                educational agencies in the State, based on 
                student poverty.
          (34) High-need school.--
                  (A) In general.--The term ``high-need 
                school'' means--
                          (i) an elementary school or middle 
                        school in which not less than 50 
                        percent of the enrolled students are 
                        children from low-income families; or
                          (ii) a high school in which not less 
                        than 40 percent of the enrolled 
                        students are children from low-income 
                        families, which may be calculated using 
                        comparable data from feeder schools.
                  (B) Low-income family.--For purposes of 
                subparagraph (A), the term ``low-income 
                family'' means a family--
                          (i) in which the children are 
                        eligible for a free or reduced price 
                        lunch under the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 
                        1751 et seq.);
                          (ii) 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.); or
                          (iii) in which the children are 
                        eligible to receive medical assistance 
                        under the Medicaid program.
          (35) 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.
          (36) Leading indicators.--The term ``leading 
        indicators'' means areas in which a persistently low-
        achieving school is expected to demonstrate 
        improvement, such as--
                  (A) average student attendance rates;
                  (B) teacher attendance rates;
                  (C) on-time grade promotion;
                  (D) credit accumulation rates;
                  (E) expulsion, suspension, violence and 
                harassment rates;
                  (F) teacher retention and turnover rates;
                  (G) percentage of students failing a core, 
                credit-bearing course; and
                  (H) entrance and placement examinations, and 
                preparation courses, for postsecondary 
                education.
          (37) 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 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.
          (38) Magnet school.--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.
          (39) Mutual consent.--The term ``mutual consent'' 
        means a process through which--
                  (A) the principal or hiring team and the 
                teacher agree to the placement at a school;
                  (B) the principal or hiring team selects 
                teachers for the school from an unrestricted 
                pool of internal and external candidates based 
                on an assessment of the qualifications of the 
                individual candidates; and
                  (C) the local educational agency ensures that 
                other schools served by the local educational 
                agency are not being forced to accept teachers 
                displaced from persistently low-achieving 
                schools.
          (40) 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 (25 U.S.C. 2902).
          (41) On track to college and career readiness.--The 
        term ``on track to college and career readiness'', when 
        used with respect to a student, means that--
                  (A) the student is performing at or above the 
                student's grade level in a subject so that the 
                student will be college and career ready in 
                such subject by the time of high school 
                graduation, as demonstrated by student 
                performance that meets or exceeds the on-track 
                level of student academic achievement for such 
                subject under section 1111(a)(1)(A)(iv) for the 
                student's grade, as measured by the State's 
                assessment system under section 1111(a)(2); or
                  (B) in the case of a student in a State that 
                has chosen in accordance with section 
                1111(b)(1)(B) to measure student growth in 
                addition to student achievement for purposes of 
                determining readiness, the student meets the 
                requirements of subparagraph (A) for a subject 
                or the student is attaining student growth in 
                accordance with clauses (i) and (ii) of such 
                section in the subject.
          (42) 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 108-188; 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).
          (43) 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).
          (44) 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 (42 U.S.C. 9902(2)) applicable 
        to a family of the size involved.
          (45) Professional development.--The term 
        ``professional development'' means activities based on 
        scientifically valid research that are coordinated and 
        aligned to increase the effectiveness of educators 
        (including teachers, principals, other school leaders, 
        specialized instructional support personnel, 
        paraprofessionals, and, as applicable, early childhood 
        educators) and are regularly assessed to determine the 
        activities' effectiveness, and that--
                  (A) are designed and implemented to improve 
                student achievement and classroom practice;
                  (B) are aligned with--
                          (i) State academic content standards 
                        and student academic achievement 
                        standards developed under section 
                        1111(a)(1);
                          (ii) related academic and school 
                        improvement goals of the school, local 
                        educational agency, and, as 
                        appropriate, statewide and local 
                        curricula; and
                          (iii) rigorous teaching standards;
                  (C) increase educators'--
                          (i) knowledge and understanding about 
                        how students learn;
                          (ii) academic content knowledge;
                          (iii) ability to analyze student work 
                        and achievement data from multiple 
                        sources, including how to adjust 
                        instructional strategies, assessments, 
                        and materials based on such analysis; 
                        and
                          (iv) ability to instruct students 
                        with disabilities and English learners 
                        so that they are able to meet the State 
                        academic content standards and student 
                        academic achievement standards;
                  (D) address areas for improvement based on 
                such educators' evaluations;
                  (E) are job-embedded, ongoing, collaborative, 
                data-driven, and classroom-focused; and
                  (F) are, as appropriate--
                          (i) designed to provide educators 
                        with the knowledge and skills to work 
                        more effectively with parents and 
                        families; and
                          (ii) provided jointly for school 
                        staff and other early childhood 
                        education and care providers, where 
                        applicable, to address the transition 
                        to elementary school, including issues 
                        related to school readiness across all 
                        major domains of early learning.
          (46) Regular secondary school diploma.--
                  (A) In general.--The term ``regular secondary 
                school diploma'' means the standard secondary 
                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 has 
                a significant cognitive disability and is 
                assessed using an alternate assessment aligned 
                to alternate academic achievement standards 
                under section 1111(a)(1)(D), receipt of a 
                regular secondary school diploma or a State-
                defined alternate diploma aligned with 
                completion of the student's right to a free 
                appropriate public education under the 
                Individuals with Disabilities Education Act 
                shall be counted as graduating with a regular 
                secondary school diploma for the purposes of 
                this Act, except that not more than 1 percent 
                of students served by a State or a local 
                educational agency, as appropriate, shall be 
                counted as graduates with a regular secondary 
                school diploma under this subparagraph.
          (47) 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.
          (48) Scientifically valid research.--The term 
        ``scientifically valid research'' includes applied 
        research, basic research, and field-initiated research 
        in which the rationale, design, and interpretation are 
        soundly developed in accordance with principles of 
        scientific research.
          (49) 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.
          (50) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
          (51) 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, school nurses, 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.
          (52) 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.
          (53) State advisory council on early childhood 
        education and care.--The term ``State Advisory Council 
        on Early Childhood Education and Care'' means the State 
        Advisory Council on Early Childhood Education and Care 
        established under section 642B(b) of the Head Start Act 
        (42 U.S.C. 9837b(b)).
          (54) State educational agency.--The term ``State 
        educational agency'' means the agency primarily 
        responsible for the State supervision of public 
        elementary schools and secondary schools.
          (55) Teacher mentoring.--The term ``teacher 
        mentoring'' means supporting teachers or principals to 
        increase the effectiveness and retention of such 
        teachers or principals through a program that--
                  (A) includes clear criteria for the selection 
                of mentors that takes into account the 
                mentor's--
                          (i) effectiveness; and
                          (ii) ability to facilitate adult 
                        learning;
                  (B) provides high-quality training for 
                mentors in how to support teachers or 
                principals effectively;
                  (C) provides regularly scheduled time for 
                collaboration, examination of student work and 
                achievement data, and ongoing opportunities for 
                mentors and mentees to observe each other's 
                teaching or leading, and identify and address 
                areas for improvement; and
                  (D) matches mentees with mentors in the same 
                field, grade, grade span, or subject area.
          (56) Turnaround partner.--The term ``turnaround 
        partner'' means a public or private nonprofit 
        organization, institution of higher education, or 
        charter management organization, with a demonstrated 
        record of successful school improvement.
          (57) Universal design for learning.--The term 
        ``universal design for learning'' has the meaning given 
        the term in section 103 of the Higher Education Act of 
        1965.

           *       *       *       *       *       *       *


                            PART D--WAIVERS

SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

  (a) In General.--* * *

           *       *       *       *       *       *       *

  (b) Request for Waiver.--
          (1) In general.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (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;

           *       *       *       *       *       *       *

  (c) Restrictions.--The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to--
          (1) * * *

           *       *       *       *       *       *       *

          (8) the requirement for a charter school under 
        [subpart 1 of part B of title V]subpart 1 of part D of 
        title V;

           *       *       *       *       *       *       *

  (e) Reports.--
          (1) Local waiver.--* * *

           *       *       *       *       *       *       *

          (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]the authorizing committees a report--

           *       *       *       *       *       *       *


                       PART E--UNIFORM PROVISIONS

                       Subpart 1--Private Schools

SEC. 9501. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.

  (a) Private School Participation.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (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.]
          (1) In general.--This section applies to programs 
        under--
                  (A) part C of title I;
                  (B) part A of title II, to the extent 
                provided in paragraph (3);
                  (C) part A of title III;
                  (D) part A of title IV;
                  (E) part B of title IV;
                  (F) part D of title IV; and
                  (G) part E of title IV.

           *       *       *       *       *       *       *


Subpart 2--Other Provisions

           *       *       *       *       *       *       *


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]who is 
threatened with, or 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.

           *       *       *       *       *       *       *


SEC. 9534. CIVIL RIGHTS.

  (a) In General.--* * *
  (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]part D 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]part D of 
title V.

           *       *       *       *       *       *       *


               Subpart [5]3_Teacher Liability Protection

SEC. [2361]9541. SHORT TITLE.

  This subpart may be cited as the ``Paul D. Coverdell Teacher 
Protection Act of 2001''.

SEC. [2362]9542. PURPOSE.

  The purpose of this subpart is to provide teachers, 
principals, and other school professionals the tools they need 
to undertake reasonable actions to maintain order, discipline, 
and an appropriate educational environment.

SEC. [2363]9543. DEFINITIONS.

  For purposes of this subpart:
          (1) Economic loss.--The term ``economic loss'' means 
        any pecuniary loss resulting from harm (including the 
        loss of earnings or other benefits related to 
        employment, medical expense loss, replacement services 
        loss, loss due to death, burial costs, and loss of 
        business or employment opportunities) to the extent 
        recovery for such loss is allowed under applicable 
        State law.
          (2) Harm.--The term ``harm'' includes physical, 
        nonphysical, economic, and noneconomic losses.
          (3) Noneconomic loss.--The term ``noneconomic loss'' 
        means loss for physical or emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of 
        society or companionship, loss of consortium (other 
        than loss of domestic service), hedonic damages, injury 
        to reputation, or any other nonpecuniary loss of any 
        kind or nature.
          (4) School.--The term ``school'' means a public or 
        private kindergarten, a public or private elementary 
        school or secondary school, or a home school.
          (5) 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, any other 
        territory or possession of the United States, or any 
        political subdivision of any such State, territory, or 
        possession.
          (6) Teacher.--The term ``teacher'' means--
                  (A) a teacher, instructor, principal, or 
                administrator;
                  (B) another educational professional who 
                works in a school;
                  (C) a professional or nonprofessional 
                employee who--
                          (i) works in a school; and
                          (ii)(I) in the employee's job, 
                        maintains discipline or ensures safety; 
                        or
                          (II) in an emergency, is called on to 
                        maintain discipline or ensure safety; 
                        or
                  (D) an individual member of a school board 
                (as distinct from the board).

SEC. [2364]9544. APPLICABILITY.

  This subpart shall only apply to States that receive funds 
under this Act, and shall apply to such a State as a condition 
of receiving such funds.

SEC. [2365]9545. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

  (a) Preemption.--This subpart preempts the laws of any State 
to the extent that such laws are inconsistent with this 
subpart, except that this subpart shall not preempt any State 
law that provides additional protection from liability relating 
to teachers.
  (b) Election of State Regarding Nonapplicability.--This 
subpart shall not apply to any civil action in a State court 
against a teacher with respect to claims arising within that 
State if such State enacts a statute in accordance with State 
requirements for enacting legislation--
          (1) citing the authority of this subsection;
          (2) declaring the election of such State that this 
        subpart shall not apply, as of a date certain, to such 
        civil action in the State; and
          (3) containing no other provisions.

SEC. [2366]9546. LIMITATION ON LIABILITY FOR TEACHERS.

  (a) Liability Protection for Teachers.--Except as provided in 
subsection (b), no teacher in a school shall be liable for harm 
caused by an act or omission of the teacher on behalf of the 
school if--
          (1) the teacher was acting within the scope of the 
        teacher's employment or responsibilities to a school or 
        governmental entity;
          (2) the actions of the teacher were carried out in 
        conformity with Federal, State, and local laws 
        (including rules and regulations) in furtherance of 
        efforts to control, discipline, expel, or suspend a 
        student or maintain order or control in the classroom 
        or school;
          (3) if appropriate or required, the teacher was 
        properly licensed, certified, or authorized by the 
        appropriate authorities for the activities or practice 
        involved in the State in which the harm occurred, where 
        the activities were or practice was undertaken within 
        the scope of the teacher's responsibilities;
          (4) the harm was not caused by willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or 
        safety of the individual harmed by the teacher; and
          (5) the harm was not caused by the teacher operating 
        a motor vehicle, vessel, aircraft, or other vehicle for 
        which the State requires the operator or the owner of 
        the vehicle, craft, or vessel to--
                  (A) possess an operator's license; or
                  (B) maintain insurance.
  (b) Exceptions to Teacher Liability Protection.--If the laws 
of a State limit teacher liability subject to one or more of 
the following conditions, such conditions shall not be 
construed as inconsistent with this section:
          (1) A State law that requires a school or 
        governmental entity to adhere to risk management 
        procedures, including mandatory training of teachers.
          (2) A State law that makes the school or governmental 
        entity liable for the acts or omissions of its teachers 
        to the same extent as an employer is liable for the 
        acts or omissions of its employees.
          (3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an 
        officer of a State or local government pursuant to 
        State or local law.
  (c) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
          (1) General rule.--Punitive damages may not be 
        awarded against a teacher in an action brought for harm 
        based on the act or omission of a teacher acting within 
        the scope of the teacher's employment or 
        responsibilities to a school or governmental entity 
        unless the claimant establishes by clear and convincing 
        evidence that the harm was proximately caused by an act 
        or omission of such teacher that constitutes willful or 
        criminal misconduct, or a conscious, flagrant 
        indifference to the rights or safety of the individual 
        harmed.
          (2) Construction.--Paragraph (1) does not create a 
        cause of action for punitive damages and does not 
        preempt or supersede any Federal or State law to the 
        extent that such law would further limit the award of 
        punitive damages.
  (d) Exceptions to Limitations on Liability.--
          (1) In general.--The limitations on the liability of 
        a teacher under this subpart shall not apply to any 
        misconduct that--
                  (A) constitutes a crime of violence (as that 
                term is defined in section 16 of title 18, 
                United States Code) or act of international 
                terrorism (as that term is defined in section 
                2331 of title 18, United States Code) for which 
                the defendant has been convicted in any court;
                  (B) involves a sexual offense, as defined by 
                applicable State law, for which the defendant 
                has been convicted in any court;
                  (C) involves misconduct for which the 
                defendant has been found to have violated a 
                Federal or State civil rights law; or
                  (D) where the defendant was under the 
                influence (as determined pursuant to applicable 
                State law) of intoxicating alcohol or any drug 
                at the time of the misconduct.
          (2) Hiring.--The limitations on the liability of a 
        teacher under this subpart shall not apply to 
        misconduct during background investigations, or during 
        other actions, involved in the hiring of a teacher.
  (e) Rules of Construction.--
          (1) Concerning responsibility of teachers to schools 
        and governmental entities.--Nothing in this section 
        shall be construed to affect any civil action brought 
        by any school or any governmental entity against any 
        teacher of such school.
          (2) Concerning corporal punishment.--Nothing in this 
        subpart shall be construed to affect any State or local 
        law (including a rule or regulation) or policy 
        pertaining to the use of corporal punishment.

SEC. [2367]9547. ALLOCATION OF RESPONSIBILITY FOR NONECONOMIC LOSS.

  (a) General Rule.--In any civil action against a teacher, 
based on an act or omission of a teacher acting within the 
scope of the teacher's employment or responsibilities to a 
school or governmental entity, the liability of the teacher for 
noneconomic loss shall be determined in accordance with 
subsection (b).
  (b) Amount of Liability.--
          (1) In general.--
                  (A) Liability.--Each defendant who is a 
                teacher shall be liable only for the amount of 
                noneconomic loss allocated to that defendant in 
                direct proportion to the percentage of 
                responsibility of that defendant (determined in 
                accordance with paragraph (2)) for the harm to 
                the claimant with respect to which that 
                defendant is liable.
                  (B) Separate judgment.--The court shall 
                render a separate judgment against each 
                defendant in an amount determined pursuant to 
                subparagraph (A).
          (2) Percentage of responsibility.--For purposes of 
        determining the amount of noneconomic loss allocated to 
        a defendant who is a teacher under this section, the 
        trier of fact shall determine the percentage of 
        responsibility of each person responsible for the 
        claimant's harm, whether or not such person is a party 
        to the action.
  (c) Rule of Construction.--Nothing in this section shall be 
construed to preempt or supersede any Federal or State law that 
further limits the application of joint liability in a civil 
action described in subsection (a), beyond the limitations 
established in this section.

SEC. [2368]9548. EFFECTIVE DATE.

  (a) In General.--This subpart shall take effect 90 days after 
the date of enactment of the No Child Left Behind Act of 2001.
  (b) Application.--This subpart applies to any claim for harm 
caused by an act or omission of a teacher if that claim is 
filed on or after the effective date of the No Child Left 
Behind Act of 2001 without regard to whether the harm that is 
the subject of the claim or the conduct that caused the harm 
occurred before such effective date.

                          PART F--EVALUATIONS

[SEC. 9601. [20 U.S.C. 7941] 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.]

SEC. 9601. EVALUATION AUTHORITY.

  (a) Reservation of Funds.--Except as provided in subsection 
(b), the Secretary may reserve not more than 3 percent of the 
amount appropriated to carry out each categorical program and 
demonstration project authorized under this Act. The reserved 
amounts shall be used by the Secretary, acting through the 
Director of the Institute of Education Sciences, to--
          (1) conduct--
                  (A) comprehensive, high-quality evaluations 
                of the program or project that--
                          (i) provide information to inform 
                        policy-making and to support continuous 
                        program improvement; and
                          (ii) use methods appropriate for the 
                        questions being asked; and
                  (B) impact evaluations that employ 
                experimental or quasi-experimental designs, 
                where practicable and appropriate, and other 
                rigorous methodologies that permit the 
                strongest possible causal inferences;
          (2) provide technical assistance to grant recipients 
        on--
                  (A) the conduct of the evaluation activities 
                that the grantees carry out under this Act; and
                  (B) the collection and reporting of 
                performance data relating to the program or 
                project;
          (3) 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;
          (4) 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, dissemination, and use of 
        information relating to performance under the program 
        or project; and
          (5) identify and disseminate research and best 
        practices related to the programs and projects 
        authorized under this Act.
  (b) Title I.--The Secretary may not reserve under subsection 
(a) more than 1 percent of the funds appropriated to carry out 
title I.
  (c) Evaluation Plan.--Beginning not later than 1 year after 
the date of enactment of the Elementary and Secondary Education 
Reauthorization Act of 2011, the Secretary shall annually 
develop and submit to Congress a plan that--
          (1) describes the timeline for evaluation of the 
        programs and projects authorized under this Act; and
          (2) describes the specific evaluation activities that 
        the Secretary intends to carry out for such programs 
        and projects during the next year.
  (d) Evaluation Activities Authorized Elsewhere.--If, under 
any other provision of this Act (other than title I), funds are 
authorized to be reserved or used for evaluation activities 
with respect to a program or project, the Secretary may not 
reserve additional funds under this section for the evaluation 
of that program or project.
  (e) Special Rule Regarding Allocation for Impact 
Evaluations.--The Secretary shall use not less than 30 percent 
of the funds reserved under this section for each of the fiscal 
years 2012 through 2017, in the aggregate for each year, for 
impact evaluations that meet the requirements of subsection 
(a)(1).

           *       *       *       *       *       *       *


                    PART G--MISCELLANEOUS PROVISIONS

                      Subpart [3]1--Gun Possession

SEC. [4141]9701. GUN-FREE REQUIREMENTS.

  (a) Short Title.--This subpart may be cited as the ``Gun-Free 
Schools Act''.
  (b) Requirements.--
          (1) In general.--Each State receiving Federal funds 
        under any title of this Act shall have in effect a 
        State law requiring local educational agencies to expel 
        from school for a period of not less than 1 year a 
        student who is determined to have brought a firearm to 
        a school, or to have possessed a firearm at a school, 
        under the jurisdiction of local educational agencies in 
        that State, except that such State law shall allow the 
        chief administering officer of a local educational 
        agency to modify such expulsion requirement for a 
        student on a case-by-case basis if such modification is 
        in writing.
          (2) Construction.--Nothing in this subpart shall be 
        construed to prevent a State from allowing a local 
        educational agency that has expelled a student from 
        such a student's regular school setting from providing 
        educational services to such student in an alternative 
        setting.
          (3) Definition.--For the purpose of this section, the 
        term ``firearm'' has the same meaning given such term 
        in section 921(a) of title 18, United States Code.
  (c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with 
Disabilities Education Act.
  (d) Report to State.--Each local educational agency 
requesting assistance from the State educational agency that is 
to be provided from funds made available to the State under any 
title of this Act shall provide to the State, in the 
application requesting such assistance--
          (1) an assurance that such local educational agency 
        is in compliance with the State law required by 
        subsection (b); and
          (2) a description of the circumstances surrounding 
        any expulsions imposed under the State law required by 
        subsection (b), including--
                  (A) the name of the school concerned;
                  (B) the number of students expelled from such 
                school; and
                  (C) the type of firearms concerned.
  (e) Reporting.--Each State shall report the information 
described in subsection (d) to the Secretary on an annual 
basis.
  (f) Definition.--For the purpose of subsection (d), the term 
``school'' means any setting that is under the control and 
supervision of the local educational agency for the purpose of 
student activities approved and authorized by the local 
educational agency.
  (g) Exception.--Nothing in this section shall apply to a 
firearm that is lawfully stored inside a locked vehicle on 
school property, or if it is for activities approved and 
authorized by the local educational agency and the local 
educational agency adopts appropriate safeguards to ensure 
student safety.
  (h) Policy Regarding Criminal Justice System Referral.--
          (1) In general.--No funds shall be made available 
        under any title of this Act to any local educational 
        agency unless such agency has a policy requiring 
        referral to the criminal justice or juvenile 
        delinquency system of any student who brings a firearm 
        or weapon to a school served by such agency.
          (2) Definition.--For the purpose of this subsection, 
        the term ``school'' has the same meaning given to such 
        term by section 921(a) of title 18, United States Code.

                 [PART C--ENVIRONMENTAL TOBACCO SMOKE]

                 Subpart 2--Environmental Tobacco Smoke

SEC. [4301]9721. SHORT TITLE.

  This [part]subpart may be cited as the ``Pro-Children Act of 
2001''.

SEC. [4302]9722. DEFINITIONS.

  As used in this [part]subpart:
          (1) Children.--The term ``children'' means 
        individuals who have not attained the age of 18.
          (2) Children's services.--The term ``children's 
        services'' means the provision on a routine or regular 
        basis of health, day care, education, or library 
        services--
                  (A) that are funded, after the date of 
                enactment of the No Child Left Behind Act of 
                2001, directly by the Federal Government or 
                through State or local governments, by Federal 
                grant, loan, loan guarantee, or contract 
                programs--
                          (i) administered by either the 
                        Secretary of Health and Human Services 
                        or the Secretary of Education (other 
                        than services provided and funded 
                        solely under titles XVIII and XIX of 
                        the Social Security Act); or
                          (ii) administered by the Secretary of 
                        Agriculture in the case of a clinic (as 
                        defined in part 246.2 of title 7, Code 
                        of Federal Regulations (or any 
                        corresponding similar regulation or 
                        ruling)) under section 17(b)(6) of the 
                        Child Nutrition Act of 1966; or
                  (B) that are provided in indoor facilities 
                that are constructed, operated, or maintained 
                with such Federal funds, as determined by the 
                appropriate head of a Federal agency in any 
                enforcement action carried out under this 
                [part]subpart,
        except that nothing in clause (ii) of subparagraph (A) 
        is intended to include facilities (other than clinics) 
        where coupons are redeemed under the Child Nutrition 
        Act of 1966.
          (3) Indoor facility.--The term ``indoor facility'' 
        means a building that is enclosed.
          (4) Person.--The term ``person'' means any State or 
        local subdivision of a State, agency of such State or 
        subdivision, corporation, or partnership that owns or 
        operates or otherwise controls and provides children's 
        services or any individual who owns or operates or 
        otherwise controls and provides such services.
          (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.

SEC. [4303]9723. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

  (a) Prohibition.--After the date of enactment of the No Child 
Left Behind Act of 2001, no person shall permit smoking within 
any indoor facility owned or leased or contracted for, and 
utilized, by such person for provision of routine or regular 
kindergarten, elementary, or secondary education or library 
services to children.
  (b) Additional Prohibition.--
          (1) In general.--After the date of enactment of the 
        No Child Left Behind Act of 2001, no person shall 
        permit smoking within any indoor facility (or portion 
        of such a facility) owned or leased or contracted for, 
        and utilized by, such person for the provision of 
        regular or routine health care or day care or early 
        childhood development (Head Start) services.
          (2) Exception.--Paragraph (1) shall not apply to--
                  (A) any portion of such facility that is used 
                for inpatient hospital treatment of individuals 
                dependent on, or addicted to, drugs or alcohol; 
                and
                  (B) any private residence.
  (c) Federal Agencies.--
          (1) Kindergarten, elementary, or secondary education 
        or library services.--After the date of enactment of 
        the No Child Left Behind Act of 2001, no Federal agency 
        shall permit smoking within any indoor facility in the 
        United States operated by such agency, directly or by 
        contract, to provide routine or regular kindergarten, 
        elementary, or secondary education or library services 
        to children.
          (2) Health or day care or early childhood development 
        services.--
                  (A) In general.--After the date of enactment 
                of the No Child Left Behind Act of 2001, no 
                Federal agency shall permit smoking within any 
                indoor facility (or portion of such facility) 
                operated by such agency, directly or by 
                contract, to provide routine or regular health 
                or day care or early childhood development 
                (Head Start) services to children.
                  (B) Exception.--Subparagraph (A) shall not 
                apply to--
                          (i) any portion of such facility that 
                        is used for inpatient hospital 
                        treatment of individuals dependent on, 
                        or addicted to, drugs or alcohol; and
                          (ii) any private residence.
          (3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such 
        routine or regular kindergarten, elementary or 
        secondary education or library services in the 
        facilities described in paragraph (2) not subject to 
        paragraph (1).
  (d) Notice.--The prohibitions in subsections (a) through (c) 
shall be published in a notice in the Federal Register by the 
Secretary (in consultation with the heads of other affected 
agencies) and by such agency heads in funding arrangements 
involving the provision of children's services administered by 
such heads. Such prohibitions shall be effective 90 days after 
such notice is published, or 270 days after the date of 
enactment of the No Child Left Behind Act of 2001, whichever 
occurs first.
  (e) Civil Penalties.--
          (1) In general.--Any failure to comply with a 
        prohibition in this section shall be considered to be a 
        violation of this section and any person subject to 
        such prohibition who commits such violation may be 
        liable to the United States for a civil penalty in an 
        amount not to exceed $1,000 for each violation, or may 
        be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a 
        violation continues shall constitute a separate 
        violation. In the case of any civil penalty assessed 
        under this section, the total amount shall not exceed 
        50 percent of the amount of Federal funds received 
        under any title of this Act by such person for the 
        fiscal year in which the continuing violation occurred. 
        For the purpose of the prohibition in subsection (c), 
        the term ``person'', as used in this paragraph, shall 
        mean the head of the applicable Federal agency or the 
        contractor of such agency providing the services to 
        children.
          (2) Administrative proceeding.--A civil penalty may 
        be assessed in a written notice, or an administrative 
        compliance order may be issued under paragraph (1), by 
        the Secretary only after an opportunity for a hearing 
        in accordance with section 554 of title 5, United 
        States Code. Before making such assessment or issuing 
        such order, or both, the Secretary shall give written 
        notice of the assessment or order to such person by 
        certified mail with return receipt and provide 
        information in the notice of an opportunity to request 
        in writing, not later than 30 days after the date of 
        receipt of such notice, such hearing. The notice shall 
        reasonably describe the violation and be accompanied 
        with the procedures for such hearing and a simple form 
        that may be used to request such hearing if such person 
        desires to use such form. If a hearing is requested, 
        the Secretary shall establish by such certified notice 
        the time and place for such hearing, which shall be 
        located, to the greatest extent possible, at a location 
        convenient to such person. The Secretary (or the 
        Secretary's designee) and such person may consult to 
        arrange a suitable date and location where appropriate.
          (3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the 
        nature of the administrative compliance order, the 
        Secretary shall take into account, as appropriate--
                  (A) the nature, circumstances, extent, and 
                gravity of the violation;
                  (B) with respect to the violator, any good 
                faith efforts to comply, the importance of 
                achieving early and permanent compliance, the 
                ability to pay or comply, the effect of the 
                penalty or order on the ability to continue 
                operation, any prior history of the same kind 
                of violation, the degree of culpability, and 
                any demonstration of willingness to comply with 
                the prohibitions of this section in a timely 
                manner; and
                  [C) such other matters as justice may 
                require.]
                  (C) such other matters as justice may 
                require.
          (4) Modification.--The Secretary may, as appropriate, 
        compromise, modify, or remit, with or without 
        conditions, any civil penalty or administrative 
        compliance order. In the case of a civil penalty, the 
        amount, as finally determined by the Secretary or 
        agreed upon in compromise, may be deducted from any 
        sums that the United States or the agencies or 
        instrumentalities of the United States owe to the 
        person against whom the penalty is assessed.
          (5) Petition for review.--Any person aggrieved by a 
        penalty assessed or an order issued, or both, by the 
        Secretary under this section may file a petition for 
        judicial review of the order with the United States 
        Court of Appeals for the District of Columbia Circuit 
        or for any other circuit in which the person resides or 
        transacts business. Such person shall provide a copy of 
        the petition to the Secretary or the Secretary's 
        designee. The petition shall be filed within 30 days 
        after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by 
        certified mail. The Secretary shall promptly provide to 
        the court a certified copy of the transcript of any 
        hearing held under this section and a copy of the 
        notice or order.
          (6) Failure to comply.--If a person fails to pay an 
        assessment of a civil penalty or comply with an order, 
        after the assessment or order, or both, are final under 
        this section, or after a court has entered a final 
        judgment under paragraph (5) in favor of the Secretary, 
        the Attorney General, at the request of the Secretary, 
        shall recover the amount of the civil penalty (plus 
        interest at prevailing rates from the day the 
        assessment or order, or both, are final) or enforce the 
        order in an action brought in the appropriate district 
        court of the United States. In such action, the 
        validity and appropriateness of the penalty or order or 
        the amount of the penalty shall not be subject to 
        review.

SEC. [4304]9724. PREEMPTION.

  Nothing in this [part]subpart is intended to preempt any 
provision of law of a State or political subdivision of a State 
that is more restrictive than a provision of this 
[part]subpart.

           *       *       *       *       *       *       *


MCKINNEY-VENTO HOMELESS ASSISTANCE ACT

           *       *       *       *       *       *       *


    TITLE VII--EDUCATION, TRAINING, AND COMMUNITY SERVICES PROGRAMS

Subtitle A--Adult Education for the Homeless

           *       *       *       *       *       *       *


        [Subtitle B--Education for Homeless Children and Youths]

[SEC. 721. STATEMENT OF POLICY.]

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

[SEC. 722. [42 U.S.C. 11432] GRANTS FOR STATE AND LOCAL ACTIVITIES FOR 
                    THE EDUCATION OF HOMELESS CHILDREN AND YOUTHS.]

  [(a) General Authority.--The Secretary is authorized to make 
grants to States in accordance with the provisions of this 
section to enable such States to carry out the activities 
described in subsections (d) through (g).
  [(b) Application.--No State may receive a grant under this 
section unless the State educational agency submits an 
application to the Secretary at such time, in such manner, and 
containing or accompanied by such information as the Secretary 
may reasonably require.
  [(c) Allocation and Reservations.--
          [(1) Allocation.--(A) Subject to subparagraph (B), 
        the Secretary is authorized to allot to each State an 
        amount that bears the same ratio to the amount 
        appropriated for such year under section 726 that 
        remains after the Secretary reserves funds under 
        paragraph (2) and uses funds to carry out section 
        724(d) and (h), as the amount allocated under section 
        1122 of the Elementary and Secondary Education Act of 
        1965 to the State for that year bears to the total 
        amount allocated under section 1122 of such Act to all 
        States for that year, except that no State shall 
        receive less than the greater of--
                  [(i) $150,000;
                  [(ii) one-fourth of 1 percent of the amount 
                appropriated under section 726 for that year; 
                or
                  [(iii) the amount such State received under 
                this section for fiscal year 2001.
          [(B) If there are insufficient funds in a fiscal year 
        to allot to each State the minimum amount under 
        subparagraph (A), the Secretary shall ratably reduce 
        the allotments to all States based on the proportionate 
        share that each State received under this subsection 
        for the preceding fiscal year.
          [(2) Reservations.--(A) The Secretary is authorized 
        to reserve 0.1 percent of the amount appropriated for 
        each fiscal year under section 726 to be allocated by 
        the Secretary among the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands, according to their respective 
        need for assistance under this subtitle, as determined 
        by the Secretary.
          [(B)(i) The Secretary shall transfer 1 percent of the 
        amount appropriated for each fiscal year under section 
        726 to the Department of the Interior for programs for 
        Indian students served by schools funded by the 
        Secretary of the Interior, as determined under the 
        Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 450 et seq.), that are consistent with the 
        purposes of the programs described in this subtitle.
          [(ii) The Secretary and the Secretary of the Interior 
        shall enter into an agreement, consistent with the 
        requirements of this subtitle, for the distribution and 
        use of the funds described in clause (i) under terms 
        that the Secretary determines best meet the purposes of 
        the programs described in this subtitle. Such agreement 
        shall set forth the plans of the Secretary of the 
        Interior for the use of the amounts transferred, 
        including appropriate goals, objectives, and 
        milestones.
          [(3) State defined.--For purposes of this subsection, 
        the term ``State'' does not include the United States 
        Virgin Islands, Guam, American Samoa, or the 
        Commonwealth of the Northern Mariana Islands.
  [(d) Activities.--Grants under this section shall be used for 
the following:
          [(1) To carry out the policies set forth in section 
        721 in the State.
          [(2) To provide activities for, and services to, 
        homeless children, including preschool-aged homeless 
        children, and youths that enable such children and 
        youths to enroll in, attend, and succeed in school, or, 
        if appropriate, in preschool programs.
          [(3) To establish or designate an Office of 
        Coordinator for Education of Homeless Children and 
        Youths in the State educational agency in accordance 
        with subsection (f).
          [(4) To prepare and carry out the State plan 
        described in subsection (g).
          [(5) To develop and implement professional 
        development programs for school personnel to heighten 
        their awareness of, and capacity to respond to, 
        specific problems in the education of homeless children 
        and youths.
  [(e) State and Local Subgrants.--
          [(1) Minimum disbursements by states.--From the sums 
        made available each year to carry out this subtitle, 
        the State educational agency shall distribute not less 
        than 75 percent in subgrants to local educational 
        agencies for the purposes of carrying out section 723, 
        except that States funded at the minimum level set 
        forth in subsection (c)(1) shall distribute not less 
        than 50 percent in subgrants to local educational 
        agencies for the purposes of carrying out section 723.
          [(2) Use by state educational agency.--A State 
        educational agency may use funds made available for 
        State use under this subtitle to conduct activities 
        under subsection (f) directly or through grants or 
        contracts.
          [(3) Prohibition on segregating homeless students.--
                  [(A) In general.--Except as provided in 
                subparagraph (B) and section 723(a)(2)(B)(ii), 
                in providing a free public education to a 
                homeless child or youth, no State receiving 
                funds under this subtitle shall segregate such 
                child or youth in a separate school, or in a 
                separate program within a school, based on such 
                child's or youth's status as homeless.
                  [(B) Exception.--Notwithstanding subparagraph 
                (A), paragraphs (1)(J)(i) and (3) of subsection 
                (g), section 723(a)(2), and any other provision 
                of this subtitle relating to the placement of 
                homeless children or youths in schools, a State 
                that has a separate school for homeless 
                children or youths that was operated in fiscal 
                year 2000 in a covered county shall be eligible 
                to receive funds under this subtitle for 
                programs carried out in such school if--
                          [(i) the school meets the 
                        requirements of subparagraph (C);
                          [(ii) any local educational agency 
                        serving a school that the homeless 
                        children and youths enrolled in the 
                        separate school are eligible to attend 
                        meets the requirements of subparagraph 
                        (E); and
                          [(iii) the State is otherwise 
                        eligible to receive funds under this 
                        subtitle.
                  [(C) School requirements.--For the State to 
                be eligible under subparagraph (B) to receive 
                funds under this subtitle, the school described 
                in such subparagraph shall--
                          [(i) provide written notice, at the 
                        time any child or youth seeks 
                        enrollment in such school, and at least 
                        twice annually while the child or youth 
                        is enrolled in such school, to the 
                        parent or guardian of the child or 
                        youth (or, in the case of an 
                        unaccompanied youth, the youth) that--
                                  [(I) shall be signed by the 
                                parent or guardian (or, in the 
                                case of an unaccompanied youth, 
                                the youth);
                                  [(II) sets forth the general 
                                rights provided under this 
                                subtitle;
                                  [(III) specifically states--
                                          [(aa) the choice of 
                                        schools homeless 
                                        children and youths are 
                                        eligible to attend, as 
                                        provided in subsection 
                                        (g)(3)(A);
                                          [(bb) that no 
                                        homeless child or youth 
                                        is required to attend a 
                                        separate school for 
                                        homeless children or 
                                        youths;
                                          [(cc) that homeless 
                                        children and youths 
                                        shall be provided 
                                        comparable services 
                                        described in subsection 
                                        (g)(4), including 
                                        transportation 
                                        services, educational 
                                        services, and meals 
                                        through school meals 
                                        programs; and
                                          [(dd) that homeless 
                                        children and youths 
                                        should not be 
                                        stigmatized by school 
                                        personnel; and
                                  [(IV) provides contact 
                                information for the local 
                                liaison for homeless children 
                                and youths and the State 
                                Coordinator for Education of 
                                Homeless Children and Youths;
                          [(ii)(I) provide assistance to the 
                        parent or guardian of each homeless 
                        child or youth (or, in the case of an 
                        unaccompanied youth, the youth) to 
                        exercise the right to attend the 
                        parent's or guardian's (or youth's) 
                        choice of schools, as provided in 
                        subsection (g)(3)(A); and
                          [(II) coordinate with the local 
                        educational agency with jurisdiction 
                        for the school selected by the parent 
                        or guardian (or youth), to provide 
                        transportation and other necessary 
                        services;
                          [(iii) ensure that the parent or 
                        guardian (or, in the case of an 
                        unaccompanied youth, the youth) shall 
                        receive the information required by 
                        this subparagraph in a manner and form 
                        understandable to such parent or 
                        guardian (or youth), including, if 
                        necessary and to the extent feasible, 
                        in the native language of such parent 
                        or guardian (or youth); and
                          [(iv) demonstrate in the school's 
                        application for funds under this 
                        subtitle that such school--
                                  [(I) is complying with 
                                clauses (i) and (ii); and
                                  [(II) is meeting (as of the 
                                date of submission of the 
                                application) the same Federal 
                                and State standards, 
                                regulations, and mandates as 
                                other public schools in the 
                                State (such as complying with 
                                sections 1111 and 1116 of the 
                                Elementary and Secondary 
                                Education Act of 1965 and 
                                providing a full range of 
                                education and related services, 
                                including services applicable 
                                to students with disabilities).
                  [(D) School ineligibility.--A separate school 
                described in subparagraph (B) that fails to 
                meet the standards, regulations, and mandates 
                described in subparagraph (C)(iv)(II) shall not 
                be eligible to receive funds under this 
                subtitle for programs carried out in such 
                school after the first date of such failure.
                  [(E) Local educational agency requirements.--
                For the State to be eligible to receive the 
                funds described in subparagraph (B), the local 
                educational agency described in subparagraph 
                (B)(ii) shall--
                          [(i) implement a coordinated system 
                        for ensuring that homeless children and 
                        youths--
                                  [(I) are advised of the 
                                choice of schools provided in 
                                subsection (g)(3)(A);
                                  [(II) are immediately 
                                enrolled, in accordance with 
                                subsection (g)(3)(C), in the 
                                school selected under 
                                subsection (g)(3)(A); and
                                  [(III) are promptly provided 
                                necessary services described in 
                                subsection (g)(4), including 
                                transportation, to allow 
                                homeless children and youths to 
                                exercise their choices of 
                                schools under subsection 
                                (g)(3)(A);
                          [(ii) document that written notice 
                        has been provided--
                                  [(I) in accordance with 
                                subparagraph (C)(i) for each 
                                child or youth enrolled in a 
                                separate school under 
                                subparagraph (B); and
                                  [(II) in accordance with 
                                subsection (g)(6)(A)(v);
                          [(iii) prohibit schools within the 
                        agency's jurisdiction from referring 
                        homeless children or youths to, or 
                        requiring homeless children and youths 
                        to enroll in or attend, a separate 
                        school described in subparagraph (B);
                          [(iv) identify and remove any 
                        barriers that exist in schools within 
                        the agency's jurisdiction that may have 
                        contributed to the creation or 
                        existence of separate schools described 
                        in subparagraph (B); and
                          [(v) not use funds received under 
                        this subtitle to establish--
                                  [(I) new or additional 
                                separate schools for homeless 
                                children or youths; or
                                  [(II) new or additional sites 
                                for separate schools for 
                                homeless children or youths, 
                                other than the sites occupied 
                                by the schools described in 
                                subparagraph (B) in fiscal year 
                                2000.
                  [(F) Report.--
                          [(i) Preparation.--The Secretary 
                        shall prepare a report on the separate 
                        schools and local educational agencies 
                        described in subparagraph (B) that 
                        receive funds under this subtitle in 
                        accordance with this paragraph. The 
                        report shall contain, at a minimum, 
                        information on--
                                  [(I) compliance with all 
                                requirements of this paragraph;
                                  [(II) barriers to school 
                                access in the school districts 
                                served by the local educational 
                                agencies; and
                                  [(III) the progress the 
                                separate schools are making in 
                                integrating homeless children 
                                and youths into the mainstream 
                                school environment, including 
                                the average length of student 
                                enrollment in such schools.
                          [(ii) Compliance with information 
                        requests.--For purposes of enabling the 
                        Secretary to prepare the report, the 
                        separate schools and local educational 
                        agencies shall cooperate with the 
                        Secretary and the State Coordinator for 
                        Education of Homeless Children and 
                        Youths established in the State under 
                        subsection (d)(3), and shall comply 
                        with any requests for information by 
                        the Secretary and State Coordinator for 
                        such State.
                          [(iii) Submission.--Not later than 2 
                        years after the date of enactment of 
                        the McKinney-Vento Homeless Education 
                        Assistance Improvements Act of 2001, 
                        the Secretary shall submit the report 
                        described in clause (i) to--
                                  [(I) the President;
                                  [(II) the Committee on 
                                Education and the Workforce of 
                                the House of Representatives; 
                                and
                                  [(III) the Committee on 
                                Health, Education, Labor, and 
                                Pensions of the Senate.
                  [(G) Definition.--For purposes of this 
                paragraph, the term ``covered county'' means--
                          [(i) San Joaquin County, California;
                          [(ii) Orange County, California;
                          [(iii) San Diego County, California; 
                        and
                          [(iv) Maricopa County, Arizona.
  [(f) Functions of the Office of Coordinator.--The Coordinator 
for Education of Homeless Children and Youths established in 
each State shall--
          [(1) gather reliable, valid, and comprehensive 
        information on the nature and extent of the problems 
        homeless children and youths have in gaining access to 
        public preschool programs and to public elementary 
        schools and secondary schools, the difficulties in 
        identifying the special needs of such children and 
        youths, any progress made by the State educational 
        agency and local educational agencies in the State in 
        addressing such problems and difficulties, and the 
        success of the programs under this subtitle in allowing 
        homeless children and youths to enroll in, attend, and 
        succeed in, school;
          [(2) develop and carry out the State plan described 
        in subsection (g);
          [(3) collect and transmit to the Secretary, at such 
        time and in such manner as the Secretary may require, a 
        report containing such information as the Secretary 
        determines is necessary to assess the educational needs 
        of homeless children and youths within the State;
          [(4) facilitate coordination between the State 
        educational agency, the State social services agency, 
        and other agencies (including agencies providing mental 
        health services) to provide services to homeless 
        children, including preschool-aged homeless children, 
        and youths, and to families of such children and 
        youths;
          [(5) in order to improve the provision of 
        comprehensive education and related services to 
        homeless children and youths and their families, 
        coordinate and collaborate with--
                  [(A) educators, including child development 
                and preschool program personnel;
                  [(B) providers of services to homeless and 
                runaway children and youths and homeless 
                families (including domestic violence agencies, 
                shelter operators, transitional housing 
                facilities, runaway and homeless youth centers, 
                and transitional living programs for homeless 
                youths);
                  [(C) local educational agency liaisons 
                designated under subsection (g)(1)(J)(ii) for 
                homeless children and youths; and
                  [(D) community organizations and groups 
                representing homeless children and youths and 
                their families; and
          [(6) provide technical assistance to local 
        educational agencies in coordination with local 
        educational agency liaisons designated under subsection 
        (g)(1)(J)(ii), to ensure that local educational 
        agencies comply with the requirements of section 
        722(e)(3) and paragraphs (3) through (7) of subsection 
        (g).
  [(g) State Plan.--
          [(1) In general.--Each State shall submit to the 
        Secretary a plan to provide for the education of 
        homeless children and youths within the State. Such 
        plan shall include the following:
                  [(A) A description of how such children and 
                youths are (or will be) given the opportunity 
                to meet the same challenging State academic 
                achievement standards all students are expected 
                to meet.
                  [(B) A description of the procedures the 
                State educational agency will use to identify 
                such children and youths in the State and to 
                assess their special needs.
                  [(C) A description of procedures for the 
                prompt resolution of disputes regarding the 
                educational placement of homeless children and 
                youths.
                  [(D) A description of programs for school 
                personnel (including principals, attendance 
                officers, teachers, enrollment personnel, and 
                pupil services personnel) to heighten the 
                awareness of such personnel of the specific 
                needs of runaway and homeless youths.
                  [(E) A description of procedures that ensure 
                that homeless children and youths who meet the 
                relevant eligibility criteria are able to 
                participate in Federal, State, or local food 
                programs.
                  [(F) A description of procedures that ensure 
                that--
                          [(i) homeless children have equal 
                        access to the same public preschool 
                        programs, administered by the State 
                        agency, as provided to other children 
                        in the State;
                          [(ii) homeless youths and youths 
                        separated from the public schools are 
                        identified and accorded equal access to 
                        appropriate secondary education and 
                        support services; and
                          [(iii) homeless children and youths 
                        who meet the relevant eligibility 
                        criteria are able to participate in 
                        Federal, State, or local before- and 
                        after-school care programs.
                  [(G) Strategies to address problems 
                identified in the report provided to the 
                Secretary under subsection (f)(3).
                  [(H) Strategies to address other problems 
                with respect to the education of homeless 
                children and youths, including problems 
                resulting from enrollment delays that are 
                caused by--
                          [(i) immunization and medical records 
                        requirements;
                          [(ii) residency requirements;
                          [(iii) lack of birth certificates, 
                        school records, or other documentation;
                          [(iv) guardianship issues; or
                          [(v) uniform or dress code 
                        requirements.
                  [(I) A demonstration that the State 
                educational agency and local educational 
                agencies in the State have developed, and shall 
                review and revise, policies to remove barriers 
                to the enrollment and retention of homeless 
                children and youths in schools in the State.
                  [(J) Assurances that--
                          [(i) the State educational agency and 
                        local educational agencies in the State 
                        will adopt policies and practices to 
                        ensure that homeless children and 
                        youths are not stigmatized or 
                        segregated on the basis of their status 
                        as homeless;
                          [(ii) local educational agencies will 
                        designate an appropriate staff person, 
                        who may also be a coordinator for other 
                        Federal programs, as a local 
                        educational agency liaison for homeless 
                        children and youths, to carry out the 
                        duties described in paragraph (6)(A); 
                        and
                          [(iii) the State and its local 
                        educational agencies will adopt 
                        policies and practices to ensure that 
                        transportation is provided, at the 
                        request of the parent or guardian (or 
                        in the case of an unaccompanied youth, 
                        the liaison), to and from the school of 
                        origin, as determined in paragraph 
                        (3)(A), in accordance with the 
                        following, as applicable:
                                  [(I) If the homeless child or 
                                youth continues to live in the 
                                area served by the local 
                                educational agency in which the 
                                school of origin is located, 
                                the child's or youth's 
                                transportation to and from the 
                                school of origin shall be 
                                provided or arranged by the 
                                local educational agency in 
                                which the school of origin is 
                                located.
                                  [(II) If the homeless child's 
                                or youth's living arrangements 
                                in the area served by the local 
                                educational agency of origin 
                                terminate and the child or 
                                youth, though continuing his or 
                                her education in the school of 
                                origin, begins living in an 
                                area served by another local 
                                educational agency, the local 
                                educational agency of origin 
                                and the local educational 
                                agency in which the homeless 
                                child or youth is living shall 
                                agree upon a method to 
                                apportion the responsibility 
                                and costs for providing the 
                                child with transportation to 
                                and from the school of origin. 
                                If the local educational 
                                agencies are unable to agree 
                                upon such method, the 
                                responsibility and costs for 
                                transportation shall be shared 
                                equally.
          [(2) Compliance.--
                  [(A) In general.--Each plan adopted under 
                this subsection shall also describe how the 
                State will ensure that local educational 
                agencies in the State will comply with the 
                requirements of paragraphs (3) through (7).
                  [(B) Coordination.--Such plan shall indicate 
                what technical assistance the State will 
                furnish to local educational agencies and how 
                compliance efforts will be coordinated with the 
                local educational agency liaisons designated 
                under paragraph (1)(J)(ii).
          [(3) Local educational agency requirements.--
                  [(A) In general.--The local educational 
                agency serving each child or youth to be 
                assisted under this subtitle shall, according 
                to the child's or youth's best interest--
                          [(i) continue the child's or youth's 
                        education in the school of origin for 
                        the duration of homelessness--
                                  [(I) in any case in which a 
                                family becomes homeless between 
                                academic years or during an 
                                academic year; or
                                  [(II) for the remainder of 
                                the academic year, if the child 
                                or youth becomes permanently 
                                housed during an academic year; 
                                or
                          [(ii) enroll the child or youth in 
                        any public school that nonhomeless 
                        students who live in the attendance 
                        area in which the child or youth is 
                        actually living are eligible to attend.
                  [(B) Best interest.--In determining the best 
                interest of the child or youth under 
                subparagraph (A), the local educational agency 
                shall--
                          [(i) to the extent feasible, keep a 
                        homeless child or youth in the school 
                        of origin, except when doing so is 
                        contrary to the wishes of the child's 
                        or youth's parent or guardian;
                          [(ii) provide a written explanation, 
                        including a statement regarding the 
                        right to appeal under subparagraph (E), 
                        to the homeless child's or youth's 
                        parent or guardian, if the local 
                        educational agency sends such child or 
                        youth to a school other than the school 
                        of origin or a school requested by the 
                        parent or guardian; and
                          [(iii) in the case of an 
                        unaccompanied youth, ensure that the 
                        homeless liaison designated under 
                        paragraph (1)(J)(ii) assists in 
                        placement or enrollment decisions under 
                        this subparagraph, considers the views 
                        of such unaccompanied youth, and 
                        provides notice to such youth of the 
                        right to appeal under subparagraph (E).
                  [(C) Enrollment.--(i) The school selected in 
                accordance with this paragraph shall 
                immediately enroll the homeless child or youth, 
                even if the child or youth is unable to produce 
                records normally required for enrollment, such 
                as previous academic records, medical records, 
                proof of residency, or other documentation.
                  [(ii) The enrolling school shall immediately 
                contact the school last attended by the child 
                or youth to obtain relevant academic and other 
                records.
                  [(iii) If the child or youth needs to obtain 
                immunizations, or immunization or medical 
                records, the enrolling school shall immediately 
                refer the parent or guardian of the child or 
                youth to the local educational agency liaison 
                designated under paragraph (1)(J)(ii), who 
                shall assist in obtaining necessary 
                immunizations, or immunization or medical 
                records, in accordance with subparagraph (D).
                  [(D) Records.--Any record ordinarily kept by 
                the school, including immunization or medical 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for 
                special services or programs, regarding each 
                homeless child or youth shall be maintained--
                          [(i) so that the records are 
                        available, in a timely fashion, when a 
                        child or youth enters a new school or 
                        school district; and
                          [(ii) in a manner consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g).
                  [(E) Enrollment disputes.--If a dispute 
                arises over school selection or enrollment in a 
                school--
                          [(i) the child or youth shall be 
                        immediately admitted to the school in 
                        which enrollment is sought, pending 
                        resolution of the dispute;
                          [(ii) the parent or guardian of the 
                        child or youth shall be provided with a 
                        written explanation of the school's 
                        decision regarding school selection or 
                        enrollment, including the rights of the 
                        parent, guardian, or youth to appeal 
                        the decision;
                          [(iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall 
                        carry out the dispute resolution 
                        process as described in paragraph 
                        (1)(C) as expeditiously as possible 
                        after receiving notice of the dispute; 
                        and
                          [(iv) in the case of an unaccompanied 
                        youth, the homeless liaison shall 
                        ensure that the youth is immediately 
                        enrolled in school pending resolution 
                        of the dispute.
                  [(F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether 
                the child or youth lives with the homeless 
                parents or has been temporarily placed 
                elsewhere.
                  [(G) School of origin defined.--In this 
                paragraph, the term ``school of origin'' means 
                the school that the child or youth attended 
                when permanently housed or the school in which 
                the child or youth was last enrolled.
                  [(H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational 
                agency from requiring a parent or guardian of a 
                homeless child to submit contact information.
          [(4) Comparable services.--Each homeless child or 
        youth to be assisted under this subtitle shall be 
        provided services comparable to services offered to 
        other students in the school selected under paragraph 
        (3), including the following:
                  [(A) Transportation services.
                  [(B) Educational services for which the child 
                or youth meets the eligibility criteria, such 
                as services provided under title I of the 
                Elementary and Secondary Education Act of 1965 
                or similar State or local programs, educational 
                programs for children with disabilities, and 
                educational programs for students with limited 
                English proficiency.
                  [(C) Programs in vocational and technical 
                education.
                  [(D) Programs for gifted and talented 
                students.
                  [(E) School nutrition programs.
          [(5) Coordination.--
                  [(A) In general.--Each local educational 
                agency serving homeless children and youths 
                that receives assistance under this subtitle 
                shall coordinate--
                          [(i) the provision of services under 
                        this subtitle with local social 
                        services agencies and other agencies or 
                        programs providing services to homeless 
                        children and youths and their families, 
                        including services and programs funded 
                        under the Runaway and Homeless Youth 
                        Act (42 U.S.C. 5701 et seq.); and
                          [(ii) with other local educational 
                        agencies on interdistrict issues, such 
                        as transportation or transfer of school 
                        records.
                  [(B) Housing assistance.--If applicable, each 
                State educational agency and local educational 
                agency that receives assistance under this 
                subtitle shall coordinate with State and local 
                housing agencies responsible for developing the 
                comprehensive housing affordability strategy 
                described in section 105 of the Cranston-
                Gonzalez National Affordable Housing Act (42 
                U.S.C. 12705) to minimize educational 
                disruption for children and youths who become 
                homeless.
                  [(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall 
                be designed to--
                          [(i) ensure that homeless children 
                        and youths have access and reasonable 
                        proximity to available education and 
                        related support services; and
                          [(ii) raise the awareness of school 
                        personnel and service providers of the 
                        effects of short-term stays in a 
                        shelter and other challenges associated 
                        with homelessness.
          [(6) Local educational agency liaison.--
                  [(A) Duties.--Each local educational agency 
                liaison for homeless children and youths, 
                designated under paragraph (1)(J)(ii), shall 
                ensure that--
                          [(i) homeless children and youths are 
                        identified by school personnel and 
                        through coordination activities with 
                        other entities and agencies;
                          [(ii) homeless children and youths 
                        enroll in, and have a full and equal 
                        opportunity to succeed in, schools of 
                        that local educational agency;
                          [(iii) homeless families, children, 
                        and youths receive educational services 
                        for which such families, children, and 
                        youths are eligible, including Head 
                        Start and Even Start programs and 
                        preschool programs administered by the 
                        local educational agency, and referrals 
                        to health care services, dental 
                        services, mental health services, and 
                        other appropriate services;
                          [(iv) the parents or guardians of 
                        homeless children and youths are 
                        informed of the educational and related 
                        opportunities available to their 
                        children and are provided with 
                        meaningful opportunities to participate 
                        in the education of their children;
                          [(v) public notice of the educational 
                        rights of homeless children and youths 
                        is disseminated where such children and 
                        youths receive services under this Act, 
                        such as schools, family shelters, and 
                        soup kitchens;
                          [(vi) enrollment disputes are 
                        mediated in accordance with paragraph 
                        (3)(E); and
                          [(vii) the parent or guardian of a 
                        homeless child or youth, and any 
                        unaccompanied youth, is fully informed 
                        of all transportation services, 
                        including transportation to the school 
                        of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in 
                        accessing transportation to the school 
                        that is selected under paragraph 
                        (3)(A).
                  [(B) Notice.--State coordinators established 
                under subsection (d)(3) and local educational 
                agencies shall inform school personnel, service 
                providers, and advocates working with homeless 
                families of the duties of the local educational 
                agency liaisons.
                  [(C) Local and state coordination.--Local 
                educational agency liaisons for homeless 
                children and youths shall, as a part of their 
                duties, coordinate and collaborate with State 
                coordinators and community and school personnel 
                responsible for the provision of education and 
                related services to homeless children and 
                youths.
          [(7) Review and revisions.--
                  [(A) In general.--Each State educational 
                agency and local educational agency that 
                receives assistance under this subtitle shall 
                review and revise any policies that may act as 
                barriers to the enrollment of homeless children 
                and youths in schools that are selected under 
                paragraph (3).
                  [(B) Consideration.--In reviewing and 
                revising such policies, consideration shall be 
                given to issues concerning transportation, 
                immunization, residency, birth certificates, 
                school records and other documentation, and 
                guardianship.
                  [(C) Special attention.--Special attention 
                shall be given to ensuring the enrollment and 
                attendance of homeless children and youths who 
                are not currently attending school.
  [(h) Special Rule for Emergency Assistance.--
          [(1) Emergency assistance.--
                  [(A) Reservation of amounts.--Subject to 
                paragraph (4) and notwithstanding any other 
                provision of this title, the Secretary shall 
                use funds appropriated under section 726 for 
                fiscal year 2009, but not to exceed 
                $30,000,000, for the purposes of providing 
                emergency assistance through grants.
                  [(B) General authority.--The Secretary shall 
                use the funds to make grants to State 
                educational agencies under paragraph (2), to 
                enable the agencies to make subgrants to local 
                educational agencies under paragraph (3), to 
                provide activities described in section 723(d) 
                for individuals referred to in subparagraph 
                (C).
                  [(C) Eligible individuals.--Funds made 
                available under this subsection shall be used 
                to provide such activities for eligible 
                individuals, consisting of homeless children 
                and youths, and their families, who have become 
                homeless due to home foreclosure, including 
                children and youths, and their families, who 
                became homeless when lenders foreclosed on 
                properties rented by the families.
          [(2) Grants to state educational agencies.--
                  [(A) Disbursement.--The Secretary shall make 
                grants with funds provided under paragraph 
                (1)(A) to State educational agencies based on 
                need, consistent with the number of eligible 
                individuals described in paragraph (1)(C) in 
                the States involved, as determined by the 
                Secretary.
                  [(B) Assurance.--To be eligible to receive a 
                grant under this paragraph, a State educational 
                agency shall provide an assurance to the 
                Secretary that the State educational agency, 
                and each local educational agency receiving a 
                subgrant from the State educational agency 
                under this subsection shall ensure that the 
                activities carried out under this subsection 
                are consistent with the activities described in 
                section 723(d).
          [(3) Subgrants to local educational agencies.--A 
        State educational agency that receives a grant under 
        paragraph (2) shall use the funds made available 
        through the grant to make subgrants to local 
        educational agencies. The State educational agency 
        shall make the subgrants to local educational agencies 
        based on need, consistent with the number of eligible 
        individuals described in paragraph (1)(C) in the areas 
        served by the local educational agencies, as determined 
        by the State educational agency.
          [(4) Restriction.--The Secretary--
                  [(A) shall determine the amount (if any) by 
                which the funds appropriated under section 726 
                for fiscal year 2009 exceed $70,000,000; and
                  [(B) may only use funds from that amount to 
                carry out this subsection.]

[SEC. 723. [42 U.S.C. 11433] LOCAL EDUCATIONAL AGENCY SUBGRANTS FOR THE 
                    EDUCATION OF HOMELESS CHILDREN AND YOUTHS.]

  [(a) General Authority.--
          [(1) In general.--The State educational agency shall, 
        in accordance with section 722(e), and from amounts 
        made available to such agency under section 726, make 
        subgrants to local educational agencies for the purpose 
        of facilitating the enrollment, attendance, and success 
        in school of homeless children and youths.
          [(2) Services.--
                  [(A) In general.--Services under paragraph 
                (1)--
                          [(i) may be provided through programs 
                        on school grounds or at other 
                        facilities;
                          [(ii) shall, to the maximum extent 
                        practicable, be provided through 
                        existing programs and mechanisms that 
                        integrate homeless children and youths 
                        with nonhomeless children and youths; 
                        and
                          [(iii) shall be designed to expand or 
                        improve services provided as part of a 
                        school's regular academic program, but 
                        not to replace such services provided 
                        under such program.
                  [(B) Services on school grounds.--If services 
                under paragraph (1) are provided on school 
                grounds, schools--
                          [(i) may use funds under this 
                        subtitle to provide the same services 
                        to other children and youths who are 
                        determined by the local educational 
                        agency to be at risk of failing in, or 
                        dropping out of, school, subject to the 
                        requirements of clause (ii); and
                          [(ii) except as otherwise provided in 
                        section 722(e)(3)(B), shall not provide 
                        services in settings within a school 
                        that segregate homeless children and 
                        youths from other children and youths, 
                        except as necessary for short periods 
                        of time--
                                  [(I) for health and safety 
                                emergencies; or
                                  [(II) to provide temporary, 
                                special, and supplementary 
                                services to meet the unique 
                                needs of homeless children and 
                                youths.
          [(3) Requirement.--Services provided under this 
        section shall not replace the regular academic program 
        and shall be designed to expand upon or improve 
        services provided as part of the school's regular 
        academic program.
  [(b) Application.--A local educational agency that desires to 
receive a subgrant under this section shall submit an 
application to the State educational agency at such time, in 
such manner, and containing or accompanied by such information 
as the State educational agency may reasonably require. Such 
application shall include the following:
          [(1) An assessment of the educational and related 
        needs of homeless children and youths in the area 
        served by such agency (which may be undertaken as part 
        of needs assessments for other disadvantaged groups).
          [(2) A description of the services and programs for 
        which assistance is sought to address the needs 
        identified in paragraph (1).
          [(3) An assurance that the local educational agency's 
        combined fiscal effort per student, or the aggregate 
        expenditures of that agency and the State with respect 
        to the provision of free public education by such 
        agency for the fiscal year preceding the fiscal year 
        for which the determination is made, was not less than 
        90 percent of such combined fiscal effort or aggregate 
        expenditures for the second fiscal year preceding the 
        fiscal year for which the determination is made.
          [(4) An assurance that the applicant complies with, 
        or will use requested funds to comply with, paragraphs 
        (3) through (7) of section 722(g).
          [(5) A description of policies and procedures, 
        consistent with section 722(e)(3), that the agency will 
        implement to ensure that activities carried out by the 
        agency will not isolate or stigmatize homeless children 
        and youths.
  [(c) Awards.--
          [(1) In general.--The State educational agency shall, 
        in accordance with the requirements of this subtitle 
        and from amounts made available to it under section 
        726, make competitive subgrants to local educational 
        agencies that submit applications under subsection (b). 
        Such subgrants shall be awarded on the basis of the 
        need of such agencies for assistance under this 
        subtitle and the quality of the applications submitted.
          [(2) Need.--In determining need under paragraph (1), 
        the State educational agency may consider the number of 
        homeless children and youths enrolled in preschool, 
        elementary, and secondary schools within the area 
        served by the local educational agency, and shall 
        consider the needs of such children and youths and the 
        ability of the local educational agency to meet such 
        needs. The State educational agency may also consider 
        the following:
                  [(A) The extent to which the proposed use of 
                funds will facilitate the enrollment, 
                retention, and educational success of homeless 
                children and youths.
                  [(B) The extent to which the application--
                          [(i) reflects coordination with other 
                        local and State agencies that serve 
                        homeless children and youths; and
                          [(ii) describes how the applicant 
                        will meet the requirements of section 
                        722(g)(3).
                  [(C) The extent to which the applicant 
                exhibits in the application and in current 
                practice a commitment to education for all 
                homeless children and youths.
                  [(D) Such other criteria as the State agency 
                determines appropriate.
          [(3) Quality.--In determining the quality of 
        applications under paragraph (1), the State educational 
        agency shall consider the following:
                  [(A) The applicant's needs assessment under 
                subsection (b)(1) and the likelihood that the 
                program presented in the application will meet 
                such needs.
                  [(B) The types, intensity, and coordination 
                of the services to be provided under the 
                program.
                  [(C) The involvement of parents or guardians 
                of homeless children or youths in the education 
                of their children.
                  [(D) The extent to which homeless children 
                and youths will be integrated within the 
                regular education program.
                  [(E) The quality of the applicant's 
                evaluation plan for the program.
                  [(F) The extent to which services provided 
                under this subtitle will be coordinated with 
                other services available to homeless children 
                and youths and their families.
                  [(G) Such other measures as the State 
                educational agency considers indicative of a 
                high-quality program, such as the extent to 
                which the local educational agency will provide 
                case management or related services to 
                unaccompanied youths.
          [(4) Duration of grants.--Grants awarded under this 
        section shall be for terms not to exceed 3 years.
  [(d) Authorized Activities.--A local educational agency may 
use funds awarded under this section for activities that carry 
out the purpose of this subtitle, including the following:
          [(1) The provision of tutoring, supplemental 
        instruction, and enriched educational services that are 
        linked to the achievement of the same challenging State 
        academic content standards and challenging State 
        student academic achievement standards the State 
        establishes for other children and youths.
          [(2) The provision of expedited evaluations of the 
        strengths and needs of homeless children and youths, 
        including needs and eligibility for programs and 
        services (such as educational programs for gifted and 
        talented students, children with disabilities, and 
        students with limited English proficiency, services 
        provided under title I of the Elementary and Secondary 
        Education Act of 1965 or similar State or local 
        programs, programs in vocational and technical 
        education, and school nutrition programs).
          [(3) Professional development and other activities 
        for educators and pupil services personnel that are 
        designed to heighten the understanding and sensitivity 
        of such personnel to the needs of homeless children and 
        youths, the rights of such children and youths under 
        this subtitle, and the specific educational needs of 
        runaway and homeless youths.
          [(4) The provision of referral services to homeless 
        children and youths for medical, dental, mental, and 
        other health services.
          [(5) The provision of assistance to defray the excess 
        cost of transportation for students under section 
        722(g)(4)(A), not otherwise provided through Federal, 
        State, or local funding, where necessary to enable 
        students to attend the school selected under section 
        722(g)(3).
          [(6) The provision of developmentally appropriate 
        early childhood education programs, not otherwise 
        provided through Federal, State, or local funding, for 
        preschool-aged homeless children.
          [(7) The provision of services and assistance to 
        attract, engage, and retain homeless children and 
        youths, and unaccompanied youths, in public school 
        programs and services provided to nonhomeless children 
        and youths.
          [(8) The provision for homeless children and youths 
        of before- and after-school, mentoring, and summer 
        programs in which a teacher or other qualified 
        individual provides tutoring, homework assistance, and 
        supervision of educational activities.
          [(9) If necessary, the payment of fees and other 
        costs associated with tracking, obtaining, and 
        transferring records necessary to enroll homeless 
        children and youths in school, including birth 
        certificates, immunization or medical records, academic 
        records, guardianship records, and evaluations for 
        special programs or services.
          [(10) The provision of education and training to the 
        parents of homeless children and youths about the 
        rights of, and resources available to, such children 
        and youths.
          [(11) The development of coordination between schools 
        and agencies providing services to homeless children 
        and youths, as described in section 722(g)(5).
          [(12) The provision of pupil services (including 
        violence prevention counseling) and referrals for such 
        services.
          [(13) Activities to address the particular needs of 
        homeless children and youths that may arise from 
        domestic violence.
          [(14) The adaptation of space and purchase of 
        supplies for any nonschool facilities made available 
        under subsection (a)(2) to provide services under this 
        subsection.
          [(15) The provision of school supplies, including 
        those supplies to be distributed at shelters or 
        temporary housing facilities, or other appropriate 
        locations.
          [(16) The provision of other extraordinary or 
        emergency assistance needed to enable homeless children 
        and youths to attend school.]

[SEC. 724. [42 U.S.C. 11434] SECRETARIAL RESPONSIBILITIES.]

  [(a) Review of State Plans.--In reviewing the State plan 
submitted by a State educational agency under section 722(g), 
the Secretary shall use a peer review process and shall 
evaluate whether State laws, policies, and practices described 
in such plan adequately address the problems of homeless 
children and youths relating to access to education and 
placement as described in such plan.
  [(b) Technical Assistance.--The Secretary shall provide 
support and technical assistance to a State educational agency 
to assist such agency in carrying out its responsibilities 
under this subtitle, if requested by the State educational 
agency.
  [(c) Notice.--The Secretary shall, before the next school 
year that begins after the date of enactment of the McKinney-
Vento Homeless Education Assistance Improvements Act of 2001, 
create and disseminate nationwide a public notice of the 
educational rights of homeless children and youths and 
disseminate such notice to other Federal agencies, programs, 
and grantees, including Head Start grantees, Health Care for 
the Homeless grantees, Emergency Food and Shelter grantees, and 
homeless assistance programs administered by the Department of 
Housing and Urban Development.
  [(d) Evaluation and Dissemination.--The Secretary shall 
conduct evaluation and dissemination activities of programs 
designed to meet the educational needs of homeless elementary 
and secondary school students, and may use funds appropriated 
under section 726 to conduct such activities.
  [(e) Submission and Distribution.--The Secretary shall 
require applications for grants under this subtitle to be 
submitted to the Secretary not later than the expiration of the 
60-day period beginning on the date that funds are available 
for purposes of making such grants and shall make such grants 
not later than the expiration of the 120-day period beginning 
on such date.
  [(f) Determination by Secretary.--The Secretary, based on the 
information received from the States and information gathered 
by the Secretary under subsection (h), shall determine the 
extent to which State educational agencies are ensuring that 
each homeless child and homeless youth has access to a free 
appropriate public education, as described in section 721(1).
  [(g) Guidelines.--The Secretary shall develop, issue, and 
publish in the Federal Register, not later than 60 days after 
the date of enactment of the McKinney-Vento Homeless Education 
Assistance Improvements Act of 2001, school enrollment 
guidelines for States with respect to homeless children and 
youths. The guidelines shall describe--
          [(1) successful ways in which a State may assist 
        local educational agencies to immediately enroll 
        homeless children and youths in school; and
          [(2) how a State can review the State's requirements 
        regarding immunization and medical or school records 
        and make such revisions to the requirements as are 
        appropriate and necessary in order to enroll homeless 
        children and youths in school immediately.
  [(h) Information.--
          [(1) In general.--From funds appropriated under 
        section 726, the Secretary shall, directly or through 
        grants, contracts, or cooperative agreements, 
        periodically collect and disseminate data and 
        information regarding--
                  [(A) the number and location of homeless 
                children and youths;
                  [(B) the education and related services such 
                children and youths receive;
                  [(C) the extent to which the needs of 
                homeless children and youths are being met; and
                  [(D) such other data and information as the 
                Secretary determines to be necessary and 
                relevant to carry out this subtitle.
          [(2) Coordination.--The Secretary shall coordinate 
        such collection and dissemination with other agencies 
        and entities that receive assistance and administer 
        programs under this subtitle.
  [(i) Report.--Not later than 4 years after the date of 
enactment of the McKinney-Vento Homeless Education Assistance 
Improvements Act of 2001, the Secretary shall prepare and 
submit to the President and the Committee on Education and the 
Workforce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report 
on the status of education of homeless children and youths, 
which shall include information on--
          [(1) the education of homeless children and youths; 
        and
          [(2) the actions of the Secretary and the 
        effectiveness of the programs supported under this 
        subtitle.]

[SEC. 725. [42 U.S.C. 11434A] DEFINITIONS.]

  [For purposes of this subtitle:
          [(1) The terms ``enroll'' and ``enrollment'' include 
        attending classes and participating fully in school 
        activities.
          [(2) The term ``homeless children and youths''--
                  [(A) means individuals who lack a fixed, 
                regular, and adequate nighttime residence 
                (within the meaning of section 103(a)(1)); and
                  [(B) includes--
                          [(i) children and youths who are 
                        sharing the housing of other persons 
                        due to loss of housing, economic 
                        hardship, or a similar reason; are 
                        living in motels, hotels, trailer 
                        parks, or camping grounds due to the 
                        lack of alternative adequate 
                        accommodations; are living in emergency 
                        or transitional shelters; are abandoned 
                        in hospitals; or are awaiting foster 
                        care placement;
                          [(ii) children and youths who have a 
                        primary nighttime residence that is a 
                        public or private place not designed 
                        for or ordinarily used as a regular 
                        sleeping accommodation for human beings 
                        (within the meaning of section 
                        103(a)(2)(C));
                          [(iii) children and youths who are 
                        living in cars, parks, public spaces, 
                        abandoned buildings, substandard 
                        housing, bus or train stations, or 
                        similar settings; and
                          [(iv) migratory children (as such 
                        term is defined in section 1309 of the 
                        Elementary and Secondary Education Act 
                        of 1965) who qualify as homeless for 
                        the purposes of this subtitle because 
                        the children are living in 
                        circumstances described in clauses (i) 
                        through (iii).
          [(3) The terms ``local educational agency'' and 
        ``State educational agency'' have the meanings given 
        such terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965.
          [(4) The term ``Secretary'' means the Secretary of 
        Education.
          [(5) The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of 
        Puerto Rico.
          [(6) The term ``unaccompanied youth'' includes a 
        youth not in the physical custody of a parent or 
        guardian.]

[SEC. 726. [42 U.S.C. 11435] AUTHORIZATION OF APPROPRIATIONS.]

  [For the purpose of carrying out this subtitle, there are 
authorized to be appropriated $100,000,000 for fiscal year 2009 
and such sums as may be necessary for each subsequent fiscal 
year.]

           *       *       *       *       *       *       *


         Subtitle B--Education for Homeless Children and Youth

SEC. 721. STATEMENT OF POLICY.

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

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

  (a) General Authority.--The Secretary is authorized to make 
grants to States from allotments made under subsection (c) and 
in accordance with this section to enable such States to carry 
out the activities described in subsections (d) through (h).
  (b) Application.--In order for a State to be eligible to 
receive a grant under this section, the State educational 
agency, in consultation with other relevant State agencies, 
shall submit an application to the Secretary at such time, in 
such manner, and containing or accompanied by such information 
as the Secretary may reasonably require.
  (c) Allocation and Reservations.--
          (1) Allocation.--
                  (A) In general.--Subject to subparagraph (C), 
                the Secretary is authorized to allot to each 
                State an amount that bears the same ratio to 
                the amount appropriated for such year under 
                section 726 that remains after the Secretary 
                reserves funds under paragraph (2) and uses 
                funds to carry out section 724 (d) and (h), as 
                the amount allocated under section 1122 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6332) to the State for that year 
                bears to the total amount allocated under 
                section 1122 of such Act to all States for that 
                year, except as provided in subparagraph (B).
                  (B) Minimum allotments.--No State shall 
                receive for a fiscal year less under this 
                paragraph than the greater of--
                          (i) $150,000; or
                          (ii) an amount that bears the same 
                        ratio to the amount appropriated for 
                        such year under section 726 that 
                        remains after the Secretary reserves 
                        funds under paragraph (2) and uses 
                        funds to carry out section 724 (d) and 
                        (h), as the amount the State received 
                        under this paragraph for the preceding 
                        fiscal year bears to the total amount 
                        received by all States under this 
                        paragraph for the preceding fiscal 
                        year.
                  (C) Reduction for insufficient funds.--If 
                there are insufficient funds in a fiscal year 
                to allot to each State the minimum amount under 
                subparagraph (B), the Secretary shall ratably 
                reduce the allotments to all States based on 
                the proportionate share that each State 
                received under this subsection for the 
                preceding fiscal year.
          (2) Reservations.--
                  (A) Students in territories.--The Secretary 
                is authorized to reserve 0.1 percent of the 
                amount appropriated for each fiscal year under 
                section 726 to be allocated by the Secretary 
                among the United States Virgin Islands, Guam, 
                American Samoa, and the Commonwealth of the 
                Northern Mariana Islands, according to their 
                respective need for assistance under this 
                subtitle, as determined by the Secretary. Funds 
                allocated under this subparagraph shall be used 
                for programs that are consistent with the 
                purposes of the programs described in this 
                subtitle.
                  (B) Indian students.--
                          (i) Transfer.--The Secretary shall 
                        transfer 1 percent of the amount 
                        appropriated for each fiscal year under 
                        section 726 to the Department of the 
                        Interior for programs that are for 
                        Indian students served by schools 
                        funded by the Secretary of the 
                        Interior, as determined under the 
                        Indian Self-Determination and Education 
                        Assistance Act (25 U.S.C. 450 et seq.), 
                        and that are consistent with the 
                        purposes of the programs described in 
                        this subtitle.
                          (ii) Agreement.--The Secretary of 
                        Education and the Secretary of the 
                        Interior shall enter into an agreement, 
                        consistent with the requirements of 
                        this subtitle, for the distribution and 
                        use of the funds described in clause 
                        (i) under terms that the Secretary of 
                        Education determines best meet the 
                        purposes of the programs described in 
                        this subtitle. Such agreement shall set 
                        forth the plans of the Secretary of the 
                        Interior for the use of the funds 
                        transferred, including appropriate 
                        goals, objectives, and milestones for 
                        that use.
  (d) State Activities.--Grant funds from a grant made to a 
State under this section shall be used for the following:
          (1) To provide activities for and services to improve 
        the identification of homeless children and youth and 
        enable such children and youth to enroll in, attend, 
        and succeed in school.
          (2) To establish or designate an Office of the 
        Coordinator for Education of Homeless Children and 
        Youth in the State educational agency in accordance 
        with subsection (f) that has sufficient knowledge, 
        authority, and time to carry out the duties described 
        in this subtitle.
          (3) To prepare and carry out the duties described in 
        subsection (f) in the State plan described in 
        subsection (g).
          (4) To develop and implement professional development 
        activities for liaisons designated under subsection 
        (g)(1)(J)(ii), other local educational agency and 
        school personnel, and community agencies--
                  (A) to improve their identification of 
                homeless children and youth; and
                  (B) to improve their awareness of, and 
                capacity to respond to, specific needs in the 
                education of homeless children and youth.
  (e) State and Local Subgrants.--
          (1) Minimum disbursements by states.--From the grant 
        funds made available each year to a State under 
        subsection (a) to carry out this subtitle, the State 
        educational agency--
                  (A) may use not more that 20 percent of the 
                State's allocation under subsection (c)(1) or 
                $85,000, whichever amount is greater, for 
                State-level activities; and
                  (B) shall use the remainder of the State's 
                allocation after using amounts for State-level 
                activities under subparagraph (A) to award 
                subgrants to local educational agencies for the 
                purposes of carrying out section 723.
          (2) Use by state educational agency.--A State 
        educational agency may use funds for State-level 
        activities made available under paragraph (1)(A) to 
        conduct activities under subsection (f) directly or 
        through grants or contracts.
          (3) Prohibition on segregating homeless students.--
                  (A) In general.--Except as provided in 
                subparagraph (B), in providing a free public 
                education to a homeless child or youth, no 
                State receiving funds under this subtitle shall 
                segregate such child or youth in a separate 
                school, or in a separate program within a 
                school, based on such child's or youth's status 
                as homeless.
                  (B) Exception.--Notwithstanding subparagraph 
                (A), paragraphs (1)(J)(i) and (3) of subsection 
                (g), section 723(a)(2), and any other provision 
                of this subtitle relating to the placement of 
                homeless children or youths in schools, a State 
                that has a separate school for homeless 
                children or youths that was operated in fiscal 
                year 2000 in a covered county shall be eligible 
                to receive funds under this subtitle for 
                programs carried out in such school if--
                          (i) the school meets the requirements 
                        of subparagraph (C);
                          (ii) any local educational agency 
                        serving a school that the homeless 
                        children and youths enrolled in the 
                        separate school are eligible to attend 
                        meets the requirements of subparagraph 
                        (E); and
                          (iii) the State is otherwise eligible 
                        to receive funds under this subtitle.
                  (C) School requirements.--For the State to be 
                eligible under subparagraph (B) to receive 
                funds under this subtitle, the school described 
                in such subparagraph shall--
                          (i) provide written notice, at the 
                        time any child or youth seeks 
                        enrollment in such school, and at least 
                        twice annually while the child or youth 
                        is enrolled in such school, to the 
                        parent or guardian of the child or 
                        youth (or, in the case of an 
                        unaccompanied youth, the youth) that--
                                  (I) shall be signed by the 
                                parent or guardian (or, in the 
                                case of an unaccompanied youth, 
                                the youth);
                                  (II) sets forth the general 
                                rights provided under this 
                                subtitle;
                                  (III) specifically states--
                                          (aa) the choice of 
                                        schools homeless 
                                        children and youths are 
                                        eligible to attend, as 
                                        provided in subsection 
                                        (g)(4)(A);
                                          (bb) that no homeless 
                                        child or youth is 
                                        required to attend a 
                                        separate school for 
                                        homeless children or 
                                        youths;
                                          (cc) that homeless 
                                        children and youths 
                                        shall be provided 
                                        comparable services 
                                        described in subsection 
                                        (g)(5), including 
                                        transportation 
                                        services, educational 
                                        services, and meals 
                                        through school meals 
                                        programs; and
                                          (dd) that homeless 
                                        children and youths 
                                        should not be 
                                        stigmatized by school 
                                        personnel; and
                                  (IV) provides contact 
                                information for the local 
                                liaison for homeless children 
                                and youths and the State 
                                Coordinator for Education of 
                                Homeless Children and Youths;
                          (ii)(I) provide assistance to the 
                        parent or guardian of each homeless 
                        child or youth (or, in the case of an 
                        unaccompanied youth, the youth) to 
                        exercise the right to attend the 
                        parent's or guardian's (or youth's) 
                        choice of schools, as provided in 
                        subsection (g)(4)(A); and
                          (II) coordinate with the local 
                        educational agency with jurisdiction 
                        for the school selected by the parent 
                        or guardian (or youth), to provide 
                        transportation and other necessary 
                        services;
                          (iii) ensure that the parent or 
                        guardian (or, in the case of an 
                        unaccompanied youth, the youth) shall 
                        receive the information required by 
                        this subparagraph in a manner and form 
                        understandable to such parent or 
                        guardian (or youth), including, if 
                        necessary and to the extent feasible, 
                        in the native language of such parent 
                        or guardian (or youth); and
                          (iv) demonstrate in the school's 
                        application for funds under this 
                        subtitle that such school--
                                  (I) is complying with clauses 
                                (i) and (ii); and
                                  (II) is meeting (as of the 
                                date of submission of the 
                                application) the same Federal 
                                and State standards, 
                                regulations, and mandates as 
                                other public schools in the 
                                State (such as complying with 
                                sections 1111 and 1116 of the 
                                Elementary and Secondary 
                                Education Act of 1965 and 
                                providing a full range of 
                                education and related services, 
                                including services applicable 
                                to students with disabilities).
                  (D) School ineligibility.--A separate school 
                described in subparagraph (B) that fails to 
                meet the standards, regulations, and mandates 
                described in subparagraph (C)(iv)(II) shall not 
                be eligible to receive funds under this 
                subtitle for programs carried out in such 
                school after the first date of such failure.
                  (E) Local educational agency requirements.--
                For the State to be eligible to receive the 
                funds described in subparagraph (B), the local 
                educational agency described in subparagraph 
                (B)(ii) shall--
                          (i) implement a coordinated system 
                        for ensuring that homeless children and 
                        youths--
                                  (I) are advised of the choice 
                                of schools provided in 
                                subsection (g)(4)(A);
                                  (II) are immediately 
                                enrolled, in accordance with 
                                subsection (g)(4)(C), in the 
                                school selected under 
                                subsection (g)(4)(A); and
                                  (III) are promptly provided 
                                necessary services described in 
                                subsection (g)(5), including 
                                transportation, to allow 
                                homeless children and youths to 
                                exercise their choices of 
                                schools under subsection 
                                (g)(4)(A);
                          (ii) document that written notice has 
                        been provided--
                                  (I) in accordance with 
                                subparagraph (C)(i) for each 
                                child or youth enrolled in a 
                                separate school under 
                                subparagraph (B); and
                                  (II) in accordance with 
                                subsection (g)(7)(A)(vi);
                          (iii) prohibit schools within the 
                        agency's jurisdiction from referring 
                        homeless children or youths to, or 
                        requiring homeless children and youths 
                        to enroll in or attend, a separate 
                        school described in subparagraph (B);
                          (iv) identify and remove any barriers 
                        that exist in schools within the 
                        agency's jurisdiction that may have 
                        contributed to the creation or 
                        existence of separate schools described 
                        in subparagraph (B); and
                          (v) not use funds received under this 
                        subtitle to establish--
                                  (I) new or additional 
                                separate schools for homeless 
                                children or youths; or
                                  (II) new or additional sites 
                                for separate schools for 
                                homeless children or youths, 
                                other than the sites occupied 
                                by the schools described in 
                                subparagraph (B) in fiscal year 
                                2000.
                  (F) Report.--
                          (i) Preparation.--The Secretary shall 
                        prepare a report on the separate 
                        schools and local educational agencies 
                        described in subparagraph (B) that 
                        receive funds under this subtitle in 
                        accordance with this paragraph. The 
                        report shall contain, at a minimum, 
                        information on--
                                  (I) compliance with all 
                                requirements of this paragraph;
                                  (II) barriers to school 
                                access in the school districts 
                                served by the local educational 
                                agencies; and
                                  (III) the progress the 
                                separate schools are making in 
                                integrating homeless children 
                                and youths into the mainstream 
                                school environment, including 
                                the average length of student 
                                enrollment in such schools.
                          (ii) Compliance with information 
                        requests.--For purposes of enabling the 
                        Secretary to prepare the report, the 
                        separate schools and local educational 
                        agencies shall cooperate with the 
                        Secretary and the State Coordinator for 
                        Education of Homeless Children and 
                        Youths established in the State under 
                        subsection (d)(2), and shall comply 
                        with any requests for information by 
                        the Secretary and State Coordinator for 
                        such State.
                          (iii) Submission.--The Secretary 
                        shall submit the report described in 
                        clause (i) to--
                                  (I) the President;
                                  (II) the Committee on 
                                Education and the Workforce of 
                                the House of Representatives; 
                                and
                                  (III) the Committee on 
                                Health, Education, Labor, and 
                                Pensions of the Senate.
                  (G) Definition.--For purposes of this 
                paragraph, the term ``covered county'' means--
                          (i) San Joaquin County, California;
                          (ii) Orange County, California;
                          (iii) San Diego County, California; 
                        and
                          (iv) Maricopa County, Arizona.
  (f) Functions of the Office of the Coordinator.--The 
Coordinator for Education of Homeless Children and Youth 
established in each State shall--
          (1) gather and make publicly available reliable, 
        valid, and comprehensive information on--
                  (A) the nature and extent of the problems 
                homeless children and youth have in gaining 
                access to public preschool programs, and to 
                public elementary schools and secondary 
                schools;
                  (B) the difficulties in identifying the 
                special needs and barriers to participation and 
                achievement of such children and youth;
                  (C) any progress made by the State 
                educational agency and local educational 
                agencies in the State in addressing such 
                problems and difficulties; and
                  (D) the success of the programs under this 
                subtitle in identifying homeless children and 
                youth and allowing homeless children and youth 
                to enroll in, attend, and succeed in, school; 
                and
          (2) develop and carry out the State plan described in 
        subsection (g);
          (3) collect data for and transmit to the Secretary, 
        at such time and in such manner as the Secretary may 
        require, reports containing such information as the 
        Secretary determines is necessary to assess the 
        educational needs of homeless children and youth within 
        the State, including data requested pursuant to 
        subsection (h) of section 724;
          (4) improve the provision of comprehensive education 
        and related support services to homeless children and 
        youth and their families, and to minimize educational 
        disruption, through coordination of activities, and 
        collaboration with--
                  (A) educators, including teachers, 
                administrators, special education personnel, 
                and child development and preschool program 
                personnel;
                  (B) providers of services to homeless 
                children and youth and homeless families, 
                public and private child welfare and social 
                services agencies, law enforcement agencies, 
                juvenile and family courts, agencies providing 
                mental health services, domestic violence 
                agencies, child care providers, runaway and 
                homeless youth centers, and providers of 
                services and programs funded under the Runaway 
                and Homeless Youth Act (42 U.S.C. 5701 et 
                seq.);
                  (C) providers of emergency, transitional, and 
                permanent housing to homeless children and 
                youth, and their families, including public 
                housing agencies, shelter operators, operators 
                of transitional housing facilities, and 
                providers of transitional living programs for 
                homeless youth;
                  (D) local educational agency liaisons 
                designated under subsection (g)(1)(J)(ii) for 
                homeless children and youth; and
                  (E) community organizations and groups 
                representing homeless children and youth and 
                their families;
          (5) provide professional development and technical 
        assistance to and conduct monitoring of local 
        educational agencies, in coordination with local 
        educational agency liaisons designated under subsection 
        (g)(1)(J)(ii), to ensure that local educational 
        agencies comply with the requirements of paragraphs (3) 
        through (7) of subsection (g), and subsection (h); and
          (6) make opportunities available for teachers and 
        local educational agency liaisons designated under 
        subsection (g)(1)(J)(ii) to participate in ongoing and 
        relevant professional development programs and 
        activities.
  (g) State Plan.--
          (1) In general.--Each State shall submit to the 
        Secretary and implement a plan to provide for the 
        education of all homeless children and youth within the 
        State. Such plan shall include the following:
                  (A) A description of how such children and 
                youth are (or will be) given the opportunity--
                          (i) to meet the same college and 
                        career ready State student academic 
                        achievement standards as all students 
                        are expected to meet; and
                          (ii) to become college and career 
                        ready.
                  (B) A description of the procedures the State 
                educational agency will use, in coordination 
                with local educational agencies, to identify 
                such children and youth in the State and to 
                assess their needs.
                  (C) A description of procedures for the 
                prompt resolution of disputes arising under 
                this subtitle, which shall--
                          (i) be developed in coordination and 
                        collaboration with the liaisons 
                        designated under subparagraph (J)(ii);
                          (ii) be readily available and 
                        provided in a written format and, to 
                        the extent practicable, in a manner and 
                        form understandable to the parents and 
                        guardians of homeless children and 
                        youth;
                          (iii) take into account the 
                        educational best interest of the 
                        homeless child or youth, or 
                        unaccompanied youth, involved; and
                          (iv) ensure that parents and 
                        guardians of homeless children and 
                        youth, and unaccompanied youth, who 
                        have exhausted the procedures available 
                        under this paragraph are able to appeal 
                        to the State educational agency, and 
                        are enrolled in school pursuant to 
                        paragraph (4)(C) and receive 
                        transportation pursuant to subparagraph 
                        (J)(iii) pending final resolution of 
                        the dispute.
                  (D) A description of programs for school 
                personnel (including the liaisons, principals, 
                attendance officers, teachers, enrollment 
                personnel, and specialized instructional 
                support personnel) to increase the awareness of 
                such personnel of the specific needs of 
                homeless adolescents, including runaway and 
                homeless youth.
                  (E) A description of procedures that ensure 
                that homeless children and youth are able to 
                participate in Federal, State, or local 
                nutrition programs.
                  (F) A description of procedures that ensure 
                that--
                          (i) homeless children have access to 
                        public preschool programs, administered 
                        by the State educational agency or 
                        local educational agency, including 
                        through the policies and practices 
                        required under paragraph (3);
                          (ii) homeless youth, including youth 
                        separated from public schools, are 
                        identified and accorded equal access to 
                        appropriate and available secondary 
                        education and support services, 
                        including receiving appropriate credit 
                        for full or partial coursework 
                        satisfactorily completed while 
                        attending a prior school, and for work 
                        completed after their enrollment in a 
                        new school, consistent with State 
                        graduation requirements and 
                        accreditation standards; and
                          (iii) homeless children and youth who 
                        meet the relevant eligibility criteria 
                        are able to participate in Federal, 
                        State, or local before- and after-
                        school care, magnet schools, summer 
                        schools, career and technical 
                        education, advanced placement, online 
                        learning opportunities, charter school 
                        programs, and relevant workforce 
                        investment programs.
                  (G) Strategies to address problems identified 
                in the reports provided to the Secretary under 
                subsection (f)(3).
                  (H) Strategies to address other problems with 
                respect to the education of homeless children 
                and youth, including enrollment problems 
                related to--
                          (i) immunization and other required 
                        health records and screenings;
                          (ii) residency requirements;
                          (iii) lack of birth certificates, 
                        school records, or other documentation;
                          (iv) guardianship issues; or
                          (v) uniform or dress code 
                        requirements.
                  (I) A demonstration that the State 
                educational agency, and local educational 
                agencies and schools in the State, have 
                developed and shall regularly review and revise 
                their policies and practices to remove barriers 
                to the identification, enrollment, attendance, 
                retention, and success of homeless children and 
                youth in schools in the State.
                  (J) Assurances that the following will be 
                carried out:
                          (i) The State educational agency and 
                        local educational agencies in the State 
                        will adopt policies and practices to 
                        ensure that homeless children and youth 
                        are not stigmatized or segregated on 
                        the basis of their status as homeless.
                          (ii) Local educational agencies will 
                        designate an appropriate staff person 
                        as the local educational agency liaison 
                        for homeless children and youth, who 
                        shall have sufficient training and time 
                        to carry out the duties described in 
                        paragraph (7)(A), and who may also be a 
                        coordinator for other Federal programs.
                          (iii) The State and local educational 
                        agencies in the State will adopt 
                        policies and practices to ensure that 
                        transportation is provided at the 
                        request of the parent or guardian 
                        involved (or in the case of an 
                        unaccompanied youth, the liaison), to 
                        and from the school of origin, for as 
                        long as the student has the right to 
                        attend the school of origin as 
                        determined in paragraph (4)(A), in 
                        accordance with the following, as 
                        applicable:
                                  (I) If the child or youth 
                                continues to live in the area 
                                served by the local educational 
                                agency for the school of 
                                origin, the child's or youth's 
                                transportation to and from the 
                                school of origin shall be 
                                provided or arranged by the 
                                local educational agency for 
                                the school of origin.
                                  (II) If the child's or 
                                youth's living arrangements in 
                                the area served by the local 
                                educational agency of origin 
                                terminate and the child or 
                                youth, though continuing the 
                                child's or youth's education in 
                                the school of origin, begins 
                                living in an area served by 
                                another local educational 
                                agency, the local educational 
                                agency of origin and the local 
                                educational agency for the area 
                                in which the child or youth is 
                                living shall agree upon a 
                                method to apportion the 
                                responsibility and cost for 
                                providing transportation to and 
                                from the school of origin. If 
                                the local educational agencies 
                                are unable to agree upon such 
                                method, the responsibility and 
                                costs for transportation shall 
                                be shared equally between the 
                                agencies.
                          (iv) School success.--The State 
                        educational agency and local 
                        educational agencies will adopt 
                        policies and practices to promote 
                        school success for homeless children 
                        and youth, including access to full 
                        participation in academic and 
                        extracurricular activities that are 
                        made available to non-homeless 
                        students.
          (2) Compliance.--
                  (A) In general.--Each plan adopted under this 
                subsection shall also describe how the State 
                will ensure that local educational agencies in 
                the State will comply with the requirements of 
                paragraphs (3) through (7).
                  (B) Coordination.--Such plan shall indicate 
                what technical assistance the State will 
                furnish to local educational agencies and how 
                compliance efforts will be coordinated with the 
                local educational agency liaisons designated 
                under paragraph (1)(J)(ii).
          (3) School readiness for homeless children.--Each 
        State plan adopted under this subsection shall ensure 
        that entities carrying out preschool programs funded, 
        administered, or overseen by the agency involved--
                  (A) shall not be required to enroll a 
                homeless child immediately in an early learning 
                program that is operating at full capacity when 
                the child seeks to enroll;
                  (B) identify and prioritize homeless children 
                for enrollment and increase their enrollment 
                and attendance in early learning programs, 
                including through policies such as--
                          (i) reserving spaces in preschool 
                        programs for homeless children;
                          (ii) conducting targeted outreach to 
                        homeless children and their families;
                          (iii) waiving application deadlines;
                          (iv) providing ongoing professional 
                        development for staff regarding the 
                        needs of homeless children and their 
                        families and strategies to serve the 
                        children and families; and
                          (v) developing the capacity to serve 
                        all identified homeless children; and
                  (C) review the educational and related needs 
                of homeless children and their families in such 
                agency's service area, in coordination with the 
                liaison designated under paragraph (1)(J)(ii).
          (4) Local educational agency requirements.--
                  (A) In general.--The local educational agency 
                serving each child or youth to be assisted 
                under this subtitle shall, according to the 
                child's or youth's best interest--
                          (i) continue the child's or youth's 
                        education in the school of origin for 
                        the duration of homelessness--
                                  (I) in any case in which the 
                                child or youth becomes a 
                                homeless child or youth between 
                                academic years or during an 
                                academic year; and
                                  (II) for the remainder of the 
                                academic year, if the child or 
                                youth becomes permanently 
                                housed during an academic year; 
                                or
                          (ii) enroll the child or youth in any 
                        public school that nonhomeless students 
                        who live in the attendance area in 
                        which the child or youth is actually 
                        living are eligible to attend.
                  (B) Best interest in school stability.--In 
                determining the best interest of the child or 
                youth under subparagraph (A), the local 
                educational agency shall--
                          (i) presume that keeping a homeless 
                        child or youth in the school of origin 
                        is in the child's or youth's best 
                        interest, except when doing so is 
                        contrary to the wishes of the child's 
                        or youth's parent or guardian;
                          (ii) consider student-centered 
                        factors related to the child's or 
                        youth's best interest, including 
                        factors related to the impact of 
                        mobility on achievement, education, 
                        health, and safety of homeless children 
                        and youth, giving priority to the 
                        wishes of the homeless child's or 
                        youth's parent or guardian or the 
                        unaccompanied youth involved;
                          (iii) if, after conducting the best 
                        interest determination described in 
                        clause (ii), the local educational 
                        agency determines that it is not in the 
                        child's or youth's best interest to 
                        attend the school of origin or the 
                        school requested by the parent, 
                        guardian, or unaccompanied youth, 
                        provide, in coordination with the local 
                        education agency liaison, the homeless 
                        child's or youth's parent or guardian 
                        or the unaccompanied youth, with a 
                        written explanation in a manner or form 
                        understandable to such parent, 
                        guardian, or youth, to the extent 
                        practicable, including a statement 
                        regarding the right to appeal under 
                        subparagraph (E);
                          (iv) in the case of an unaccompanied 
                        youth, ensure that the local 
                        educational agency liaison assists in 
                        placement or enrollment decisions under 
                        this subparagraph, gives priority to 
                        the views of such unaccompanied youth, 
                        and provides notice to such youth of 
                        the right to appeal under subparagraph 
                        (E); and
                          (v) provide transportation pursuant 
                        to paragraphs (1)(J)(iii) and (4).
                  (C) Enrollment.--
                          (i) Enrollment.--The school selected 
                        in accordance with this paragraph shall 
                        immediately enroll the homeless child 
                        or youth, even if the child or youth--
                                  (I) is unable to produce 
                                records traditionally required 
                                for enrollment, including 
                                previous academic records, 
                                health records, proof of 
                                residency or guardianship, or 
                                other documentation;
                                  (II) has unpaid fines or fees 
                                from prior schools or is unable 
                                to pay fees in the school 
                                selected; or
                                  (III) has missed application 
                                or enrollment deadlines during 
                                any period of homelessness.
                          (ii) Contacting school last 
                        attended.--The enrolling school shall 
                        immediately contact the school last 
                        attended by the child or youth to 
                        obtain relevant academic and other 
                        records.
                          (iii) Relevant health records.--If 
                        the child or youth needs to obtain 
                        immunizations or other required health 
                        records, the enrolling school shall 
                        immediately refer the parent or 
                        guardian of the child or youth, or the 
                        unaccompanied youth, to the local 
                        educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall 
                        assist in obtaining necessary 
                        immunizations or screenings, or 
                        immunization or other required health 
                        records in accordance with subparagraph 
                        (D).
                          (iv) No liability.--Whenever the 
                        school selected enrolls an 
                        unaccompanied youth in accordance with 
                        this paragraph, no liability shall be 
                        imposed upon the school by reason of 
                        enrolling the youth without parent or 
                        guardian consent.
                  (D) Records.--Any record ordinarily kept by 
                the school, including immunizations or medical 
                records, academic records, birth certificates, 
                guardianship records, and evaluations for 
                special services or programs, regarding each 
                homeless child or youth shall be maintained--
                          (i) so that the records involved are 
                        available when a homeless child or 
                        youth enters a new school or school 
                        district, even if the child or youth 
                        owes fees or fines or did not withdraw 
                        from the previous school in conformance 
                        with local withdrawal procedures; and
                          (ii) in a manner consistent with 
                        section 444 of the General Education 
                        Provisions Act (20 U.S.C. 1232g).
                  (E) Disputes.--If a dispute arises over 
                eligibility, enrollment, school selection, or 
                service in a public school or public preschool, 
                or any other issue relating to services under 
                this subtitle--
                          (i) in the case of a dispute relating 
                        to eligibility for enrollment or school 
                        selection, the child or youth shall be 
                        immediately enrolled in the school in 
                        which enrollment is sought, pending 
                        final resolution of the dispute 
                        including all available appeals;
                          (ii) the parent or guardian of the 
                        child or youth shall be provided with a 
                        written explanation of the school's 
                        decision regarding eligibility for 
                        enrollment, school selection, or 
                        services, made by the school or the 
                        local educational agency, which shall 
                        include information about the right to 
                        appeal the decision;
                          (iii) the child, youth, parent, or 
                        guardian shall be referred to the local 
                        educational agency liaison designated 
                        under paragraph (1)(J)(ii), who shall 
                        carry out the dispute resolution 
                        process as described in paragraph 
                        (1)(C) as expeditiously as possible 
                        after receiving notice of such dispute; 
                        and
                          (iv) in the case of an unaccompanied 
                        youth, the liaison shall ensure that 
                        the youth is immediately enrolled in 
                        school pending resolution of such 
                        dispute.
                  (F) Placement choice.--The choice regarding 
                placement shall be made regardless of whether 
                the child or youth involved lives with the 
                homeless parents or has been temporarily placed 
                elsewhere.
                  (G) School of origin defined.--In this 
                paragraph, the term ``school of origin'' means 
                the school that the child or youth attended 
                when permanently housed or the school in which 
                the child or youth was last enrolled.
                  (H) Contact information.--Nothing in this 
                subtitle shall prohibit a local educational 
                agency from requiring a parent or guardian of a 
                homeless child to submit contact information.
                  (I) Privacy.--Information about a homeless 
                child's or youth's living situation shall be 
                treated as a student education record under 
                section 444 of the General Education Provisions 
                Act (20 U.S.C. 1232g) and shall not be released 
                to housing providers, employers, law 
                enforcement personnel, or other persons or 
                agencies not authorized to have such 
                information under section 99.31 of title 34, 
                Code of Federal Regulations, paying particular 
                attention to preventing disruption of the 
                living situation of the child or youth and to 
                supporting the safety of such children and 
                youth who are survivors of domestic violence 
                and unaccompanied youth.
                  (J) Academic achievement.--The school 
                selected in accordance with this paragraph 
                shall ensure that homeless children and youth 
                have opportunities to meet the same college and 
                career ready State student academic achievement 
                standards to which other students are held, 
                including implementing the policies and 
                practices required by paragraph (1)(J)(iv).
                  (K) School readiness for homeless children.--
                Each local educational agency shall ensure 
                school readiness for homeless children as 
                described in paragraph (3).
          (5) Comparable services.--In addition to receiving 
        services provided for homeless children and youth under 
        this subtitle or other Federal, State, or local laws, 
        regulations, policies, or practices, each homeless 
        child or youth to be assisted under this subtitle also 
        shall be provided services comparable to services 
        offered to other students in the school selected under 
        paragraph (4), including the following:
                  (A) Transportation services.
                  (B) Educational services for which the child 
                or youth meets the eligibility criteria, 
                including services provided under title I of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6301 et seq.), similar State or 
                local programs, charter schools, magnet 
                schools, educational programs for children with 
                disabilities, and educational programs for 
                students with limited English proficiency.
                  (C) Programs in career and technical 
                education.
                  (D) Programs for gifted and talented 
                students.
                  (E) School nutrition programs.
                  (F) Health and counseling services, as 
                appropriate.
          (6) Coordination.--
                  (A) In general.--Each local educational 
                agency shall coordinate--
                          (i) the provision of services under 
                        this subtitle with the services of 
                        local social services agencies and 
                        other agencies or entities providing 
                        services to homeless children and youth 
                        and their families, including services 
                        and programs funded under the Runaway 
                        and Homeless Youth Act (42 U.S.C. 5701 
                        et seq.); and
                          (ii) transportation, transfer of 
                        school records, and other interdistrict 
                        activities, with other local 
                        educational agencies.
                  (B) Housing assistance.--Each State 
                educational agency and local educational agency 
                that receives assistance under this subtitle 
                shall coordinate, if applicable, with State and 
                local housing agencies responsible for 
                developing a comprehensive housing 
                affordability strategy described in section 105 
                of the Cranston-Gonzalez National Affordable 
                Housing Act (42 U.S.C. 12705) to minimize 
                education disruption for children and youth who 
                become homeless.
                  (C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall 
                be designed to--
                          (i) ensure that all homeless children 
                        and youth are identified within a 
                        reasonable time frame;
                          (ii) ensure that homeless children 
                        and youth have access to and are in 
                        reasonable proximity to available 
                        education and related support services; 
                        and
                          (iii) raise the awareness of school 
                        personnel and service providers of the 
                        effects of short-term stays in a 
                        shelter and other challenges associated 
                        with homelessness.
                  (D) Homeless children and youths with 
                disabilities.--For children and youth who are 
                to be assisted both under this subtitle, and 
                under the Individuals with Disabilities 
                Education Act (20 U.S.C. 1400 et seq.) or 
                section 504 of the Rehabilitation Act of 1973 
                (29 U.S.C. 794), each local educational agency 
                shall coordinate the provision of services 
                under this subtitle with the provision of 
                programs for children with disabilities served 
                by such local educational agency and other 
                involved local educational agencies.
          (7) Local educational agency liaison.--
                  (A) Duties.--Each local educational agency 
                liaison for homeless children and youth, 
                designated under paragraph (1)(J)(ii), shall 
                ensure that--
                          (i) all homeless children and youth 
                        are identified by school personnel and 
                        through outreach and coordination 
                        activities with other entities and 
                        agencies;
                          (ii) homeless children and youth are 
                        enrolled in, and have a full and equal 
                        opportunity to succeed in, schools of 
                        that local educational agency;
                          (iii) homeless families, and homeless 
                        children and youth, have access to 
                        educational services for which such 
                        families, children, and youth are 
                        eligible, including services through 
                        Head Start, Early Head Start, early 
                        intervention, and Even Start programs, 
                        and preschool programs described in 
                        paragraph (3);
                          (iv) homeless families, and homeless 
                        children and youth receive referrals to 
                        health care services, dental services, 
                        mental health and substance abuse 
                        services, housing services, and other 
                        appropriate services;
                          (v) the parents or guardians of 
                        homeless children and youth are 
                        informed of the educational and related 
                        opportunities available to their 
                        children, including early learning 
                        opportunities, and are provided with 
                        meaningful opportunities to participate 
                        in the education of their children;
                          (vi) public notice of the educational 
                        rights of homeless children and youth 
                        is incorporated into documents related 
                        to residency requirements or 
                        enrollment, provided upon school 
                        enrollment and withdrawal, posted on 
                        the local educational agency's website, 
                        and disseminated in locations 
                        frequented by parents or guardians of 
                        such children and youth, and 
                        unaccompanied youth, including schools, 
                        shelters, public libraries, and soup 
                        kitchens, in a manner and form 
                        understandable to parents and guardians 
                        of homeless children and youth and 
                        unaccompanied youth;
                          (vii) disputes are resolved in 
                        accordance with paragraph (4)(E);
                          (viii) the parent or guardian of a 
                        homeless child or youth, and any 
                        unaccompanied youth, is fully informed 
                        of all transportation services, 
                        including transportation to the school 
                        of origin, as described in paragraph 
                        (1)(J)(iii), and is assisted in 
                        accessing transportation to the school 
                        that is selected under paragraph 
                        (4)(A);
                          (ix) school personnel are adequately 
                        prepared to implement this subtitle and 
                        receive professional development, 
                        resource materials, technical 
                        assistance, and other support; and
                          (x) unaccompanied youth--
                                  (I) are enrolled in school;
                                  (II) have opportunities to 
                                meet the same college and 
                                career ready State student 
                                academic achievement standards 
                                to which other students are 
                                held, including through 
                                implementation of the policies 
                                and practices required by 
                                subparagraphs (F)(ii) and 
                                (J)(iv) of paragraph (1); and
                                  (III) are informed of their 
                                status as independent students 
                                under section 480 of the Higher 
                                Education Act of 1965 (20 
                                U.S.C. 1087vv), including 
                                through school counselors that 
                                have received professional 
                                development about unaccompanied 
                                youth, and receive verification 
                                of such status for purposes of 
                                the Free Application for 
                                Federal Student Aid described 
                                in section 483 of such Act (20 
                                U.S.C. 1090).
                  (B) Notice.--State Coordinators appointed 
                under subsection (d)(3) and local educational 
                agencies shall inform school personnel, service 
                providers, and advocates working with homeless 
                families and homeless children and youth of the 
                contact information and duties of the local 
                educational agency liaisons, including 
                publishing an annually updated list of the 
                liaisons on the State educational agency's 
                website.
                  (C) Local and state coordination.--The local 
                educational agency liaisons shall, as a part of 
                their duties, coordinate and collaborate with 
                the State Coordinators and community and school 
                personnel responsible for the provision of 
                education and related support services to 
                homeless children and youth. Such coordination 
                shall include collecting and providing to the 
                State Coordinator the reliable, valid, and 
                comprehensive data needed to meet the 
                requirements of paragraphs (1) and (3) of 
                subsection (f).
                  (D) Professional development.--The local 
                educational agency liaisons shall participate, 
                as appropriate, in the professional development 
                and other technical assistance activities 
                provided by the State Coordinator pursuant to 
                subsection (f)(5).
  (h) Special Rule for Emergency Assistance.--
          (1) Emergency assistance.--
                  (A) Reservation of amounts.--Subject to 
                paragraph (4) and notwithstanding any other 
                provision of this title, the Secretary shall 
                use funds appropriated under section 726 for 
                fiscal year 2012, for the purposes of providing 
                emergency assistance through grants.
                  (B) General authority.--The Secretary may use 
                the funds to make grants to State educational 
                agencies under paragraph (2), to enable the 
                agencies to make subgrants to local educational 
                agencies under paragraph (3), to provide 
                activities described in section 723(d) for 
                individuals referred to in subparagraph (C).
                  (C) Eligible individuals.--Funds made 
                available under this subsection shall be used 
                to provide such activities for eligible 
                individuals, consisting of homeless children 
                and youths, and their families, who--
                          (i) have become homeless due to home 
                        foreclosure, including children and 
                        youths, and their families, who became 
                        homeless when lenders foreclosed on 
                        properties rented by the families; or
                          (ii) have become homeless due to a 
                        major disaster, including natural 
                        disasters such as hurricanes, 
                        tornadoes, and floods, or man-made 
                        disasters such as acts of terrorism.
          (2) Grants to state educational agencies.--
                  (A) Disbursement.--The Secretary shall make 
                grants with funds provided under paragraph 
                (1)(A) to State educational agencies based on 
                need, consistent with the number of eligible 
                individuals described in paragraph (1)(C) in 
                the States involved, as determined by the 
                Secretary.
                  (B) Assurance.--To be eligible to receive a 
                grant under this paragraph, a State educational 
                agency shall provide an assurance to the 
                Secretary that the State educational agency, 
                and each local educational agency receiving a 
                subgrant from the State educational agency 
                under this subsection shall ensure that the 
                activities carried out under this subsection 
                are consistent with the activities described in 
                section 723(d).
          (3) Subgrants to local educational agencies.--A State 
        educational agency that receives a grant under 
        paragraph (2) shall use the funds made available 
        through the grant to make subgrants to local 
        educational agencies. The State educational agency 
        shall make the subgrants to local educational agencies 
        based on need, consistent with the number of eligible 
        individuals described in paragraph (1)(C) in the areas 
        served by the local educational agencies, as determined 
        by the State educational agency.
          (4) Restriction.--The Secretary--
                  (A) shall determine the amount (if any) by 
                which the funds appropriated under section 726 
                for fiscal year 2009 exceed $70,000,000; and
                  (B) may only use funds from that amount to 
                carry out this subsection.
  (i) School Readiness for Homeless Children.--Each State 
educational agency and local educational agency receiving 
assistance under this subtitle shall ensure that programs 
serving public preschool children comply with the requirements 
of this subtitle.

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

  (a) General Authority.--
          (1) In general.--The State educational agency shall, 
        in accordance with section 722(e), and from amounts 
        made available to such agency under section 726, make 
        subgrants to local educational agencies for the purpose 
        of facilitating the identification, enrollment, 
        attendance, and success in school of homeless children 
        and youth.
          (2) Services.--
                  (A) In general.--Services under paragraph 
                (1)--
                          (i) may be provided through programs 
                        on school grounds or at other 
                        facilities; and
                          (ii) shall, to the maximum extent 
                        practicable, be provided through 
                        existing programs and mechanisms that 
                        integrate homeless children and youth 
                        with nonhomeless children and youth.
                  (B) Services on school grounds.--If services 
                under paragraph (1) are provided to homeless 
                children and youth on school grounds, the 
                school involved may use funds under this 
                subtitle to provide the same services to other 
                children and youth who are determined by the 
                local educational agency serving the school to 
                be at risk of failing in, or dropping out of, 
                school.
          (3) Requirement.--Services provided under this 
        section shall not replace the regular academic program 
        and shall be designed to expand upon or improve 
        services provided as part of the school's regular 
        academic program.
          (4) Duration of grants.--Subgrants awarded under this 
        section shall be for terms of not to exceed 3 years.
  (b) Application.--A local educational agency that desires to 
receive a subgrant under this section shall submit an 
application to the State educational agency at such time, in 
such manner, and containing or accompanied by such information 
as the State educational agency may reasonably require. Such 
application shall include the following:
          (1) An assessment of the educational and related 
        needs of homeless children and youth in the area served 
        by the local educational agency (which may be 
        undertaken as part of a needs assessment for another 
        disadvantaged group).
          (2) A description of the services and programs for 
        which assistance is sought to address the needs 
        identified in paragraph (1).
          (3) An assurance that the local educational agency's 
        combined fiscal effort per student, or the aggregate 
        expenditures of that agency and the State with respect 
        to the provision of free public education by such 
        agency for the fiscal year preceding the fiscal year 
        for which the subgrant determination is made, was not 
        less than 90 percent of such combined fiscal effort or 
        aggregate expenditures for the second fiscal year 
        preceding the fiscal year for which the determination 
        is made.
          (4) An assurance that the applicant complies with, or 
        will use requested funds to comply with, paragraphs (3) 
        through (7) of section 722(g).
          (5) A description of policies and procedures that the 
        agency will implement to ensure that activities carried 
        out by the agency will not isolate or stigmatize 
        homeless children and youth.
          (6) An assurance that the local educational agency 
        will collect and promptly provide data requested by the 
        State Coordinator pursuant to paragraphs (1) and (3) of 
        section 722(f).
          (7) An assurance that the local educational agency 
        has removed the policies and practices that have 
        created barriers to the identification, enrollment, 
        attendance, retention, and success in school of all 
        homeless children and youth.
  (c) Awards.--
          (1) In general.--The State educational agency shall, 
        in accordance with the requirements of this subtitle 
        and from amounts made available to it under section 
        722(a), make subgrants on a competitive basis to local 
        educational agencies that submit applications under 
        subsection (b). Such subgrants shall be awarded on the 
        basis of the need of such agencies for assistance under 
        this subtitle and the quality of the applications 
        submitted.
          (2) Need.--
                  (A) In general.--In determining need under 
                paragraph (1), the State educational agency may 
                consider the number of homeless children and 
                youth enrolled in preschool, elementary 
                schools, and secondary schools within the area 
                served by the local educational agency, and 
                shall consider the needs of such children and 
                youth and the ability of the local educational 
                agency to meet such needs.
                  (B) Other considerations.--The State 
                educational agency may also consider the 
                following:
                          (i) The extent to which the proposed 
                        use of funds will facilitate the 
                        identification, enrollment, attendance, 
                        retention, and educational success of 
                        homeless children and youth.
                          (ii) The extent to which the 
                        application reflects coordination with 
                        other local and State agencies that 
                        serve homeless children and youth.
                          (iii) The extent to which the 
                        applicant exhibits in the application 
                        and in current practice (as of the date 
                        of submission of the application) a 
                        commitment to education for all 
                        homeless children and youth.
                          (iv) Such other criteria as the State 
                        agency determines to be appropriate.
          (3) Quality.--In determining the quality of 
        applications under paragraph (1), the State educational 
        agency shall consider each of the following:
                  (A) The applicant's needs assessment under 
                subsection (b)(2) and the likelihood that the 
                program presented in the application will meet 
                such needs.
                  (B) The types, intensity, and coordination of 
                the services to be provided under the program.
                  (C) The extent to which the applicant will 
                promote meaningful involvement of parents or 
                guardians of homeless children or youth in the 
                education of their children.
                  (D) The extent to which homeless children and 
                youth will be integrated into the regular 
                education program involved.
                  (E) The quality of the applicant's evaluation 
                plan for the program.
                  (F) The extent to which services provided 
                under this subtitle will be coordinated with 
                other services available to homeless children 
                and youth and their families, including housing 
                and social services and services provided under 
                the Individuals with Disabilities Education Act 
                (20 U.S.C. 1400 et seq.), title I of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6301 et seq.), and similar State and 
                local programs.
                  (G) The extent to which the local educational 
                agency will use the subgrant to leverage 
                resources, including by maximizing nonsubgrant 
                funding for the position of the liaison 
                described in section 722(g)(1)(J)(ii) and the 
                provision of transportation.
                  (H) The local educational agency's use of 
                funds to serve homeless children and youth 
                under section 1113(c)(3) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6313(c)(3)).
                  (I) The extent to which the applicant's 
                program meets such other measures as the State 
                educational agency considers to be indicative 
                of a high-quality program, including the extent 
                to which the local educational agency will 
                provide services to unaccompanied youth and 
                preschool-aged children.
                  (J) The extent to which the application 
                describes how the applicant will meet the 
                requirements of section 722(g)(4).
  (d) Authorized Activities.--A local educational agency may 
use funds awarded under this section for activities that carry 
out the purpose of this subtitle, including the following:
          (1) The provision of tutoring, supplemental 
        instruction, and enriched educational services that are 
        linked to the achievement of the same college and 
        career ready State academic content standards and 
        college and career ready State student academic 
        achievement standards as the State establishes for 
        other children and youth.
          (2) The provision of expedited evaluations of the 
        strengths, needs, and eligibility of homeless children 
        and youth, including needs and eligibility for programs 
        and services (including educational programs for gifted 
        and talented students, children with disabilities, and 
        students with limited English proficiency, charter 
        school programs, magnet school programs, and programs 
        in career and technical education, and school nutrition 
        programs).
          (3) Professional development and other activities for 
        educators and specialized instructional support 
        personnel that are designed to heighten the 
        understanding and sensitivity of such educators and 
        personnel to the needs of homeless children and youth, 
        the rights of such children and youth under this 
        subtitle, and the specific educational needs of runaway 
        and homeless youth.
          (4) The provision of referral services to homeless 
        children and youth for medical, dental, mental, and 
        other health services.
          (5) The provision of assistance to defray the cost of 
        transportation under paragraphs (1)(J)(iii) and (5)(A) 
        of section 722(g), not otherwise provided through 
        Federal, State, or local funding.
          (6) The provision of developmentally appropriate 
        early childhood and care programs, not otherwise 
        provided through Federal, State, or local funding.
          (7) The provision of services and assistance to 
        attract, engage, and retain homeless children and 
        youth, particularly homeless children and youth who are 
        not enrolled in school, in public school programs and 
        services provided to nonhomeless children and youth.
          (8) The provision for homeless children and youth of 
        before- and after-school, mentoring, and summer 
        programs in which a teacher or other qualified 
        individual provides tutoring, homework assistance, and 
        supervision of educational activities.
          (9) If necessary, the payment of fees and other costs 
        associated with tracking, obtaining, and transferring 
        records necessary to facilitate the appropriate 
        placement of homeless children and youth in school, 
        including birth certificates, immunization or other 
        required health records, academic records, guardianship 
        records, and evaluations for special programs or 
        services.
          (10) The provision of education and training to the 
        parents of homeless children and youth about the rights 
        of, and resources available to, such children and 
        youth, and other activities designed to increase the 
        meaningful involvement of families of homeless children 
        or youth in the education of their children.
          (11) The development of coordination of activities 
        between schools and agencies providing services to 
        homeless children and youth, as described in section 
        722(g)(6).
          (12) The provision of specialized instructional 
        support services (including counseling) and referrals 
        for such services.
          (13) Activities to address the particular needs of 
        homeless children and youth that may arise from 
        domestic violence and parental mental health or 
        substance abuse problems.
          (14) The adaptation of space and purchase of supplies 
        for any nonschool facilities made available under 
        subsection (a)(2) to provide services under this 
        subsection.
          (15) The provision of school supplies, including 
        supplies to be distributed at shelters or temporary 
        housing facilities, or other appropriate locations.
          (16) The provision of assistance to defray the cost 
        of the position of liaison designated pursuant to 
        section 722(g)(1)(J)(ii), not otherwise provided 
        through Federal, State, or local funding.
          (17) The provision of other extraordinary or 
        emergency assistance needed to enable homeless children 
        and youth to enroll, attend, and succeed in school, 
        including in early learning programs.

SEC. 724. SECRETARIAL RESPONSIBILITIES.

  (a) Review of State Plans.--In reviewing the State plan 
submitted by a State educational agency under section 722(g), 
the Secretary shall use a peer review process and shall 
evaluate whether State laws, policies, and practices described 
in such plan adequately address the problems of all homeless 
children and youth relating to access to education and 
placement as described in such plan.
  (b) Technical Assistance.--The Secretary--
          (1) shall provide support and technical assistance to 
        State educational agencies to assist such agencies in 
        carrying out their responsibilities under this 
        subtitle; and
          (2) may designate an individual who shall coordinate 
        services and activities for the education of homeless 
        children and youth.
  (c) Notice.--
          (1) In general.--The Secretary shall, before the next 
        school year that begins after the date of enactment of 
        the McKinney-Vento Homeless Education Reauthorization 
        Act of 2011, develop and disseminate a public notice of 
        the educational rights of homeless children and youth. 
        The notice shall include information regarding the 
        definition of homeless children and youth in section 
        725.
          (2) Dissemination.--The Secretary shall disseminate 
        the notice nationally. The Secretary also shall 
        disseminate such notice to heads of other Department of 
        Education offices, including those responsible for 
        special education programs, higher education, and 
        programs under parts A, B, C, D, G, and H of title I, 
        title III, title IV, and part B of title V of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311 et seq., 6361 et seq., 6391 et seq., 6421 
        et seq., 6531 et seq., 6551 et seq., 6801 et seq., 7102 
        et seq., and 7221 et seq.). The Secretary shall also 
        disseminate such notice to heads of other Federal 
        agencies, and grant recipients and other entities 
        carrying out federally funded programs, including Head 
        Start programs, grant recipients under the Health Care 
        for the Homeless program of the Health Resources and 
        Services Administration of the Department of Health and 
        Human Services, grant recipients under the Emergency 
        Food and Shelter National Board Program of the Federal 
        Emergency Management Agency, grant recipients under the 
        Runaway and Homeless Youth Act (42 U.S.C. 5701 et 
        seq.), grant recipients under the John H. Chafee Foster 
        Care Independence program, grant recipients under 
        homeless assistance programs administered by the 
        Department of Housing and Urban Development, and 
        recipients of Federal funding for programs carried out 
        by the Administration on Children, Youth and Families 
        of the Department of Health and Human Services.
  (d) Evaluation and Dissemination.--The Secretary shall 
conduct evaluation, dissemination, and technical assistance 
activities for programs that are designed to meet the 
educational needs of homeless preschool, elementary school, and 
secondary school students, and may use funds appropriated under 
section 726 to conduct such activities.
  (e) Submission and Distribution.--The Secretary shall require 
applications for grants under section 722 to be submitted to 
the Secretary not later than the expiration of the 120-day 
period beginning on the date that funds are available for 
purposes of making such grants and shall make such grants not 
later than the expiration of the 180-day period beginning on 
such date.
  (f) Determination by Secretary.--The Secretary, based on the 
information received from the States and information gathered 
by the Secretary under subsection (h), shall determine the 
extent to which State educational agencies are ensuring that 
each homeless child or youth has access to a free appropriate 
public education, as described in section 721(1). The Secretary 
shall provide support and technical assistance to State 
educational agencies in areas in which barriers to a free 
appropriate public education persist.
  (g) Publication.--The Secretary shall develop, issue, and 
publish in the Federal Register, not later than 90 days after 
the date of enactment of the McKinney-Vento Homeless Education 
Reauthorization Act of 2011, a summary of the changes enacted 
by that Act and related strategies, which summary shall 
include--
          (1) strategies by which a State can assist local 
        educational agencies to implement the provisions 
        amended by the Act;
          (2) strategies by which a State can review and revise 
        State policies and procedures that may present barriers 
        to the identification, enrollment, attendance, and 
        success of homeless children and youth in school; and
          (3) strategies by which entities carrying out 
        preschool programs can implement requirements of 
        section 722(g)(3).
  (h) Information.--
          (1) In general.--From funds appropriated under 
        section 726, the Secretary shall, directly or through 
        grants, contracts, or cooperative agreements, 
        periodically but not less frequently than every 2 
        years, collect and disseminate publicly data and 
        information regarding--
                  (A) the number of homeless children and 
                youth;
                  (B) the education and related support 
                services such children and youth receive;
                  (C) the extent to which the needs of homeless 
                children and youth are being met;
                  (D) the academic progress being made by 
                homeless children and youth, including the 
                percent or number of homeless children and 
                youth participating in State assessments; and
                  (E) such other data and information as the 
                Secretary determines to be necessary and 
                relevant to carry out this subtitle.
          (2) Coordination.--The Secretary shall coordinate 
        such collection and dissemination with other agencies 
        and entities that receive assistance and administer 
        programs under this subtitle.
  (i) Report.--Not later than 4 years after the date of 
enactment of the McKinney-Vento Homeless Education 
Reauthorization Act of 2011, the Secretary shall prepare and 
submit to the President and the Committee on Education and the 
Workforce of the House of Representatives and the Committee on 
Health, Education, Labor, and Pensions of the Senate a report 
on the status of the provision of education and related support 
services to homeless children and youth, which shall include 
information on--
          (1) the education of homeless children and youth; and
          (2) the actions of the Secretary and the 
        effectiveness of the programs supported under this 
        subtitle.

SEC. 725. DEFINITIONS.

  In this subtitle:
          (1) Enroll; enrollment.--The terms ``enroll'' and 
        ``enrollment'' include attending classes and 
        participating fully in school activities.
          (2) Homeless children and youth.--The term ``homeless 
        children and youth''--
                  (A) means individuals who lack a fixed, 
                regular, and adequate nighttime residence 
                (within the meaning of section 103(a)(1)); and
                  (B) includes--
                          (i) children and youth who--
                                  (I) are sharing the housing 
                                of other persons due to loss of 
                                housing, economic hardship, or 
                                a similar reason;
                                  (II) are living in motels, 
                                hotels, trailer parks, or 
                                camping grounds due to the lack 
                                of alternative adequate 
                                accommodations;
                                  (III) are living in emergency 
                                or transitional shelters; and
                                  (IV) are abandoned in 
                                hospitals;
                          (ii) children and youth who have a 
                        primary nighttime residence that is a 
                        public or private place not designed 
                        for or ordinarily used as a regular 
                        sleeping accommodation for human beings 
                        (within the meaning of section 
                        103(a)(2)(C));
                          (iii) children and youth who are 
                        living in cars, parks, public spaces, 
                        abandoned buildings, substandard 
                        housing, bus or train stations, or 
                        similar settings; and
                          (iv) migratory children (as such term 
                        is defined in section 1312 of the 
                        Elementary and Secondary Education Act 
                        of 1965) who qualify as homeless for 
                        the purposes of this subtitle because 
                        the children are living in 
                        circumstances described in clauses (i) 
                        through (iii).
          (3) Local educational agency; state educational 
        agency.--The terms ``local educational agency'' and 
        ``State educational agency'' have the meanings given 
        such terms in section 9101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
          (4) Secretary.--The term ``Secretary'' means the 
        Secretary of Education.
          (5) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and the Commonwealth 
        of Puerto Rico.
          (6) Unaccompanied youth.--The term ``unaccompanied 
        youth'' means a homeless child or youth not in the 
        physical custody of a parent or legal guardian.

SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

  For the purpose of carrying out this subtitle, there are 
authorized to be appropriated such sums as may be necessary for 
fiscal year 2012 and each of the 6 succeeding fiscal years.

           *       *       *       *       *       *       *


                            PUBLIC LAW 96-88

THE DEPARTMENT OF EDUCATION ORGANIZATION ACT

           *       *       *       *       *       *       *


               TITLE II--ESTABLISHMENT OF THE DEPARTMENT

                             establishment
  Sec. 201. * * *
          * * * * * * *
  Sec. 220. (a) Establishment.--* * *
          * * * * * * *

SEC. 221. ADVANCED RESEARCH PROJECTS AGENCY-EDUCATION.

  (a) Establishment.--There shall be in the Department an 
Advanced Research Projects Agency-Education (referred to in 
this section as ``ARPA-ED'').
  (b) Purposes.--ARPA-ED is established under this section for 
the purposes of pursuing breakthrough research and development 
in educational technology and providing the effective use of 
the technology to improve achievement for all students, by--
          (1) identifying and promoting revolutionary advances 
        in fundamental and applied sciences and engineering 
        that could be translated into new learning 
        technologies;
          (2) developing novel learning technologies, and the 
        enabling processes and contexts for effective use of 
        those technologies;
          (3) developing, testing, and evaluating the impact 
        and efficacy of those technologies;
          (4) accelerating transformational technological 
        advances in areas in which the private sector, by 
        itself, is not likely to accelerate such advances 
        because of difficulties in implementation or adoption, 
        or technical and market uncertainty;
          (5) coordinating activities with nongovernmental 
        entities to demonstrate technologies and research 
        applications to facilitate technology transfer; and
          (6) encouraging educational research using new 
        technologies and the data produced by the technologies.
  (c) Authorities of Secretary.--The Secretary is authorized 
to--
          (1) appoint a Director, who shall be responsible for 
        carrying out the purposes of ARPA-ED, as described in 
        subsection (b), and such additional functions as the 
        Secretary may prescribe;
          (2) establish processes for the development and 
        execution of projects and the solicitation of entities 
        to carry out the projects in a manner that is--
                  (A) tailored to the purposes of ARPA-ED and 
                not constrained by other Department-wide 
                administrative requirements that could detract 
                from achieving program results; and
                  (B) designed to heighten transparency, and 
                public- and private-sector involvement, to 
                ensure that investments are made in the most 
                promising areas;
          (3) award grants, contracts, cooperative agreements, 
        and cash prizes, and enter into other transactions (in 
        accordance with such regulations as the Secretary may 
        establish regarding other transactions);
          (4) make appointments of up to 20 scientific, 
        engineering, professional, and other mission-related 
        employees, for periods of up to 4 years (which 
        appointments may not be renewed) without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service;
          (5)(A) prescribe the rates of basic pay for the 
        personnel described in paragraph (4) at rates not in 
        excess of the maximum rate of basic pay authorized for 
        senior-level positions under section 5376 of title 5, 
        United States Code, notwithstanding any provision of 
        that title governing the rates of basic pay or 
        classification of employees in the executive branch, 
        but those personnel shall not receive any payment for 
        service (such as an award, premium payment, incentive 
        payment or bonus, allowance, or other similar payment) 
        under any other provision of that title; and
          (B) pay any employee appointed pursuant to paragraph 
        (4) payments in addition to that basic pay, except that 
        the total amount of those payments for any calendar 
        year shall not exceed the lesser of--
                  (i) $25,000; or
                  (ii) the difference between the employee's 
                annual rate of basic pay under paragraph (4) 
                and the annual rate for level I of the 
                Executive Schedule under section 5312 of title 
                5, United States Code, based on the rates in 
                effect at the end of the applicable calendar 
                year (or, if the employee separated during that 
                year, on the date of separation);
          (6) obtain independent, periodic, rigorous 
        evaluations, as appropriate, of--
                  (A) the effectiveness of the processes ARPA-
                ED is using to achieve its purposes; and
                  (B) the effectiveness of individual projects 
                assisted by ARPA-ED, using evidence standards 
                developed in consultation with the Institute of 
                Education Sciences, and the suitability of 
                ongoing projects assisted by ARPA-ED for 
                further investment or increased scale; and
          (7) disseminate, through the comprehensive centers 
        established under section 203 of the Educational 
        Technical Assistance Act of 2002 (20 U.S.C. 9602), the 
        regional educational laboratories system established 
        under section 174 of the Education Sciences Reform Act 
        of 2002 (20 U.S.C. 9564), or such other means as the 
        Secretary determines to be appropriate, information on 
        effective practices and technologies developed with 
        ARPA-ED support.
  (d) Evaluation Funds.--The Secretary may use funds made 
available for ARPA-ED to pay the cost of the evaluations under 
subsection (c)(6).
  (e) Federal Advisory Committee Act.--Notwithstanding any 
other provision of law, any advisory committee convened by the 
Secretary to provide advice with respect to this section shall 
be exempt from the requirements of the Federal Advisory 
Committee Act (5 U.S.C. App.) and the definition of 
``employee'' in section 2105 of title 5, United States Code, 
shall not be considered to include any appointee to such a 
committee.
  (f) Nonduplication.--To the maximum extent practicable, the 
Secretary shall ensure that grants, contracts, cooperative 
agreements, cash prizes, or other assistance or arrangements 
awarded or entered into pursuant to this section that are 
designed to carry out the purposes of ARPA-ED do not duplicate 
activities under programs carried out under Federal law other 
than this section by the Department or other Federal agencies.

           *       *       *       *       *       *       *


HIGHER EDUCATION ACT OF 1965

           *       *       *       *       *       *       *


                      TITLE I--GENERAL PROVISIONS

                          PART A--DEFINITIONS

SEC. 101. GENERAL DEFINITION OF INSTITUTION OF HIGHER EDUCATION.

  (a) Institution of Higher Education.--* * *

           *       *       *       *       *       *       *


SEC. 103. ADDITIONAL DEFINITIONS.

  In this Act:
          (1) Authorizing committees.--* * *

           *       *       *       *       *       *       *

          (24) Universal design for learning.--* * *
                  (A) * * *
                  (B) reduces barriers in instruction, provides 
                appropriate accommodations, supports, and 
                challenges, and maintains high achievement 
                expectations for all students, including 
                students with disabilities and [students who 
                are limited English proficient]English 
                learners.

           *       *       *       *       *       *       *


                 TITLE II--TEACHER QUALITY ENHANCEMENT

SEC. 200. DEFINITIONS.

  In this title:
          (1) Arts and sciences.--* * *

           *       *       *       *       *       *       *

          (6) Eligible partnership.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (B) may include any of the following:
                          (i) * * *

           *       *       *       *       *       *       *

                          (x) A charter school (as defined in 
                        [section 5210]section 5411 of the 
                        Elementary and Secondary Education Act 
                        of 1965).

           *       *       *       *       *       *       *

          (7) Essential components of reading instruction.--* * 
        *
          [(8) Exemplary teacher.--The term ``exemplary 
        teacher'' has the meaning given the term in section 
        9101 of the Elementary and Secondary Education Act of 
        1965 .]
          [(9)](8) * * *
          [(10)](9) * * *

           *       *       *       *       *       *       *

          [(11)](10) * * *

           *       *       *       *       *       *       *

          [(12)](11) * * *

           *       *       *       *       *       *       *

          [(13)(12) Highly qualified.--The term ``highly 
        qualified'' has the meaning given such term in section 
        9101 of the Elementary and Secondary Education Act of 
        1965 and, with respect to special education teachers, 
        in section 602 of the Individuals with Disabilities 
        Education Act.]
          (12) Highly qualified teacher.--The term ``highly 
        qualified teacher'' has the meaning given such term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965.
          [(14)](13) * * *

           *       *       *       *       *       *       *

          [(15)](14) Limited english proficient.--The term 
        ``limited English proficient'' has the meaning given 
        the term in section 9101 of the Elementary and 
        Secondary Education Act of 1965.]
          (14) English learner.--The term ``English learner'' 
        has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965.
          [(16)](15) * * *
          [(17)](16) Partner institution.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (B) that requires--
                          (i) * * *
                          (ii) each student in the program 
                        preparing to become a teacher [to 
                        become highly qualified]to become a 
                        highly qualified teacher; and

           *       *       *       *       *       *       *

          [(18)](17) * * *

           *       *       *       *       *       *       *

          [(19)](18) * * *
          [(20)](19) * * *
          [(21)](20) * * *

           *       *       *       *       *       *       *

          [(22)](21) Teaching residency program.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) prior to completion of the program--
                          (i) attains full State certification 
                        or licensure and [becomes highly 
                        qualified]becomes a highly qualified 
                        teacher; and

           *       *       *       *       *       *       *

          [(23)](22) Teaching skills.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) * * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) focus on the identification of 
                        students' specific learning needs, 
                        particularly students with 
                        disabilities, [students who are limited 
                        English proficient]English learners, 
                        students who are gifted and talented, 
                        and students with low literacy levels, 
                        and the tailoring of academic 
                        instruction to such needs;

           *       *       *       *       *       *       *


SEC. 202. PARTNERSHIP GRANTS.

  (a) Program Authorized.--* * *
  (b) Application.--
          (1) * * *

           *       *       *       *       *       *       *

          (6) a description of--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) * * *
                          (i) * * *
                          (ii) [student academic achievement 
                        standards and academic content 
                        standards under section 
                        1111(b)(1)]college and career ready 
                        State academic content standards and 
                        student academic achievement standards 
                        under section 1111(a)(1) of the 
                        Elementary and Secondary Education Act 
                        of 1965, established by the State in 
                        which the partnership is located;

           *       *       *       *       *       *       *

                  (G) how the partnership will prepare general 
                education and special education teachers to 
                teach [students who are limited English 
                proficient]English learners;

           *       *       *       *       *       *       *

  (d) Partnership Grants for the Preparation of Teachers.--* * 
*
          (1) Reforms.--
                  (A) In general.--* * *
                          (i) preparing--
                                  (I) new or prospective 
                                teachers to be highly qualified 
                                teachers (including teachers in 
                                rural school districts who may 
                                teach multiple subjects, 
                                special educators, and teachers 
                                of [students who are limited 
                                English proficient]English 
                                learners who may teach multiple 
                                subjects);

           *       *       *       *       *       *       *

                  (B) Required reforms.--* * *
                          (i) * * *
                          (ii) * * *
                                  (I) * * *

           *       *       *       *       *       *       *

                                  (IV) * * *
                                          (aa) meet the 
                                        specific learning needs 
                                        of all students, 
                                        including students with 
                                        disabilities, [students 
                                        who are limited English 
                                        proficient]English 
                                        learners, students who 
                                        are gifted and 
                                        talented, students with 
                                        low literacy levels 
                                        and, as applicable, 
                                        children in early 
                                        childhood education 
                                        programs; and

           *       *       *       *       *       *       *

                          (iii) ensuring collaboration with 
                        departments, programs, or units of a 
                        partner institution outside of the 
                        teacher preparation program in all 
                        academic content areas to ensure that 
                        prospective teachers receive training 
                        in both teaching and relevant content 
                        areas in order to become highly 
                        qualified teachers, which may include 
                        training in multiple subjects to teach 
                        multiple grade levels as may be needed 
                        for individuals preparing to teach in 
                        rural communities and for individuals 
                        preparing to teach students with 
                        disabilities as described in section 
                        602(10)(D) of the Individuals with 
                        Disabilities Education Act;

           *       *       *       *       *       *       *

          (5) Teacher recruitment.--* * *
                  (A) * * *
                  (B) individuals to teach in rural communities 
                and teacher shortage areas, including 
                mathematics, science, special education, and 
                the instruction of [limited English proficient 
                students]English learners; and

           *       *       *       *       *       *       *


SEC. 204. ACCOUNTABILITY AND EVALUATION.

  (a) Eligible Partnership Evaluation.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (4)(A) * * *

           *       *       *       *       *       *       *

          (D) the percentage of highly qualified teachers hired 
        by the high-need local educational agency who teach in 
        high-need areas (including special education, language 
        instruction educational programs for [limited English 
        proficient students]English learners, and early 
        childhood education);

           *       *       *       *       *       *       *


SEC. 205. ACCOUNTABILITY FOR PROGRAMS THAT PREPARE TEACHERS.

  (a) Institutional and Program Report Cards on the Quality of 
Teacher Preparation.--
          (1) Report card.--* * *
                  (A) Goals and assurances.--* * *

           *       *       *       *       *       *       *

                  (G) Teacher training.--A description of the 
                activities that prepare general education and 
                special education teachers to teach students 
                with disabilities effectively, including 
                training related to participation as a member 
                of individualized education program teams, as 
                defined in section 614(d)(1)(B) of the 
                Individuals with Disabilities Education Act, 
                and to effectively teach [students who are 
                limited English proficient]English learners.

           *       *       *       *       *       *       *

  (b) State Report Card on the Quality of Teacher 
Preparation.--
          (1) In general.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) A description of how the assessments and 
                requirements described in subparagraph (A) are 
                aligned with the [State's challenging academic 
                content standards required under section 
                1111(b)(1)]college and career ready State 
                academic content standards required under 
                section 1111(a)(1) of the Elementary and 
                Secondary Education Act of 1965 and, as 
                applicable, State early learning standards for 
                early childhood education programs.

           *       *       *       *       *       *       *

                  (L) The extent to which teacher preparation 
                programs prepare teachers, including general 
                education and special education teachers, to 
                effectively teach [students who are limited 
                English proficient]English learners.

           *       *       *       *       *       *       *


SEC. 206. TEACHER DEVELOPMENT.

  (a) Annual Goals.--Each institution of higher education that 
conducts a traditional teacher preparation program (including 
programs that offer any ongoing professional development 
programs) or alternative routes to State certification or 
licensure program, and that enrolls students receiving Federal 
assistance under this Act, shall set annual quantifiable goals 
for increasing the number of prospective teachers trained in 
teacher shortage areas designated by the Secretary or by the 
State educational agency, including mathematics, science, 
special education, and instruction of [limited English 
proficient students]English learners.
  (b) Assurances.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (4) general education teachers receive training in 
        providing instruction to diverse populations, including 
        children with disabilities, [limited English proficient 
        students]English learners, and children from low-income 
        families; and

           *       *       *       *       *       *       *


SEC. 208. GENERAL PROVISIONS.

  (a) Methods.--* * *
  (b) Special Rule.--For each State that does not use content 
assessments as a means of ensuring that all teachers teaching 
in core academic subjects within the State are highly qualified 
teachers, as required under section 1119 of the Elementary and 
Secondary Education Act of 1965, in accordance with the State 
plan submitted or revised under section 1111 of such Act , and 
that each person employed as a special education teacher in the 
State who teaches elementary school or secondary school [is 
highly qualified]is a highly qualified teacher by the deadline, 
as required under section 612(a)(14)(C) of the Individuals with 
Disabilities Education Act, the Secretary shall--
          (1) * * *

           *       *       *       *       *       *       *


SEC. 242. AUGUSTUS F. HAWKINS CENTERS OF EXCELLENCE.

  (a) Program Authorized.--* * *
  (b) Use of Funds.--Grants provided by the Secretary under 
this subpart shall be used to ensure that current and future 
teachers are highly qualified teachers by carrying out one or 
more of the following activities:
          (1) Implementing reforms within teacher preparation 
        programs to ensure that such programs are preparing 
        teachers who are highly qualified teachers, are able to 
        understand scientifically valid research, and are able 
        to use advanced technology effectively in the 
        classroom, including use of instructional techniques to 
        improve student academic achievement, by--
                  (A) * * *

           *       *       *       *       *       *       *


SEC. 251. TEACH TO REACH GRANTS.

  (a) Authorization of Program.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (b) Definition of Eligible Partnership.--* * *
          (1) * * *
                  (A) * * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) the graduates of which are 
                        highly qualified teachers;

           *       *       *       *       *       *       *


SEC. 255. ADJUNCT TEACHER CORPS.

  (a) Purpose.--* * *

           *       *       *       *       *       *       *

  (k) Definition.--* * *
          (1) meets the requirements of [section 
        9101(23)(B)(ii)]section 9101(32)(A)(ii)(II) of the 
        Elementary and Secondary Education Act of 1965;

           *       *       *       *       *       *       *

          (3) is not the primary provider of instructional 
        services to a student, unless the adjunct content 
        specialist is under the direct supervision of a teacher 
        who meets the requirements of [section 9101(23)]section 
        9101(32) of such Act.

           *       *       *       *       *       *       *


SEC. 258. GRADUATE FELLOWSHIPS TO PREPARE FACULTY IN HIGH-NEED AREAS AT 
                    COLLEGES OF EDUCATION.

  (a) Grants by Secretary.--* * *

           *       *       *       *       *       *       *

  (d) Types of Fellowships Supported.--
          (1) In general.--An eligible institution that 
        receives a grant under this section shall use the grant 
        funds to provide graduate fellowships to individuals 
        who are preparing for the professorate in order to 
        prepare individuals to become highly qualified teachers 
        who will be elementary school and secondary school 
        mathematics and science teachers, special education 
        teachers, and teachers who provide instruction for 
        [limited English proficient students]English learners.
          (2) Types of study.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) The instruction of [limited English 
                proficient students]English learners, including 
                postbaccalaureate study in language instruction 
                educational programs.

           *       *       *       *       *       *       *


SEC. 402B. TALENT SEARCH.

  (a) Program Authority.--* * *

           *       *       *       *       *       *       *

  (c) Permissible Services.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (7) programs and activities as described in 
        subsection (b) or paragraphs (1) through (6) of this 
        subsection that are specially designed for [students 
        who are limited English proficient]English learners, 
        students from groups that are traditionally 
        underrepresented in postsecondary education, students 
        with disabilities, students who are homeless children 
        and youths (as such term is defined in section 725 of 
        the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a)), students who are in foster care or are aging 
        out of the foster care system, or other disconnected 
        students.

           *       *       *       *       *       *       *


SEC. 402C. UPWARD BOUND.

  (a) Program Authority.--* * *

           *       *       *       *       *       *       *

  (d) Permissible Services.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (7) programs and activities as described in 
        subsection (b), subsection (c), or paragraphs (1) 
        through (6) of this subsection that are specially 
        designed for [students who are limited English 
        proficient]English learners, students from groups that 
        are traditionally underrepresented in postsecondary 
        education, students with disabilities, students who are 
        homeless children and youths (as such term is defined 
        in section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a)), students who are in 
        foster care or are aging out of the foster care system, 
        or other disconnected students.

           *       *       *       *       *       *       *


SEC. 402D. [20 U.S.C. 1070A-14] STUDENT SUPPORT SERVICES.

  (a) Program Authority.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (3) to foster an institutional climate supportive of 
        the success of [students who are limited English 
        proficient]English learners, students from groups that 
        are traditionally underrepresented in postsecondary 
        education, students with disabilities, students who are 
        homeless children and youths (as such term is defined 
        in section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a)), students who are in 
        foster care or are aging out of the foster care system, 
        or other disconnected students; and

           *       *       *       *       *       *       *

  (c) Permissible Services.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (6) programs and activities as described in 
        subsection (b) or paragraphs (1) through (4) of this 
        subsection that are specially designed for [students 
        who are limited English proficient]English learners, 
        students from groups that are traditionally 
        underrepresented in postsecondary education, students 
        with disabilities, students who are homeless children 
        and youths (as such term is defined in section 725 of 
        the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11434a)), students who are in foster care or are aging 
        out of the foster care system, or other disconnected 
        students.

           *       *       *       *       *       *       *


SEC. 402F. EDUCATIONAL OPPORTUNITY CENTERS.

  (a) Program Authority; Services Provided.--* * *

           *       *       *       *       *       *       *

  (b) Permissible Services.--* * *
          (1) * * *
          (11) programs and activities as described in 
        paragraphs (1) through (10) that are specially designed 
        for [students who are limited English 
        proficient]English learners, students from groups that 
        are traditionally underrepresented in postsecondary 
        education, students with disabilities, students who are 
        homeless children and youths (as such term is defined 
        in section 725 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11434a)), students who are in 
        foster care or are aging out of the foster care system, 
        or other disconnected students.

           *       *       *       *       *       *       *


SEC. 404D. ACTIVITIES.

  (a) Required Activities.--* * *

           *       *       *       *       *       *       *

  (b) Permissible Activities for States and Partnerships.--* * 
*
          (1) * * *

           *       *       *       *       *       *       *

          (10) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (K) programs and activities described in this 
                subsection that are specially designed for 
                [students who are limited English 
                proficient]English learners.

           *       *       *       *       *       *       *

  (c) Additional Permissible Activities for States.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (6)(A) * * *
          (B) * * *
                  (i) * * *
                  (ii) preparing students, including students 
                with disabilities and [students who are limited 
                English proficient]English learners, to succeed 
                academically in, and prepare financially for, 
                postsecondary education.

           *       *       *       *       *       *       *


SEC. 428J. LOAN FORGIVENESS FOR TEACHERS.

  (a) Statement of Purpose.--* * *
  (b) Program Authorized.--* * *
          (1) * * *
                  (A) * * *
                  (B) if employed as an elementary school or 
                secondary school teacher, [is highly 
                qualified]is a highly qualified teacher as 
                defined in section 9101 of the Elementary 
                Secondary Education Act of 1965, or meets the 
                requirements of subsection (g)(3); and

           *       *       *       *       *       *       *


SEC. 428K. LOAN FORGIVENESS FOR SERVICE IN AREAS OF NATIONAL NEED.

  (a) Program Authorized.--* * *

           *       *       *       *       *       *       *

  (b) Areas of National Need.--* * *
          (1) Early childhood educators.--* * *

           *       *       *       *       *       *       *

          (5) Highly qualified teachers serving [students who 
        are limited english proficient]English learners, low-
        income communities, and underrepresented populations.--
        The individual--
                  (A) [is highly qualified]is a highly 
                qualified teacher, as such term is defined in 
                section 9101 of the Elementary and Secondary 
                Education Act of 1965; and
                  (B) is employed full-time--
                          (i) as a teacher educating [students 
                        who are limited English 
                        proficient]English learners;

           *       *       *       *       *       *       *


SEC. 460. LOAN CANCELLATION FOR TEACHERS.

  (a) Statement of Purpose.--* * *
  (b) Program Authorized.--* * *
          (1) * * *
                  (A) * * *
                  (B) if employed as an elementary school or 
                secondary school teacher, [is highly 
                qualified]is a highly qualified teacher as 
                defined in section 9101 of the Elementary and 
                Secondary Education Act of 1965, or meets the 
                requirements of subsection (g)(3); and

           *       *       *       *       *       *       *


SEC. 741. FUND FOR THE IMPROVEMENT OF POSTSECONDARY 
                    EDUCATION.

  (a) Authority.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (10) the provision of support and assistance to 
        partnerships between institutions of higher education 
        and secondary schools with a significant population of 
        students identified as late-entering [limited English 
        proficient students]English learners, to establish 
        programs that--
                  (A) result in increased secondary school 
                graduation rates of [limited English proficient 
                students]English learners; and
                  (B) increase the number of participating 
                late-entering [limited English proficient 
                students]English learners who pursue 
                postsecondary education;

           *       *       *       *       *       *       *


SEC. 806. TEACH FOR AMERICA.

  (a) Definitions.--* * *
          (1) Grantee.--* * *
          [(2) Highly qualified.--The term ``highly qualified'' 
        has the meaning given the term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 or 
        section 602 of the Individuals with Disabilities 
        Education Act.]
          (2) Highly qualified teacher.--The term ``highly 
        qualified teacher'' has the meaning given the term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965.

           *       *       *       *       *       *       *


INDIVIDUALS WITH DISABILITIES EDUCATION ACT

           *       *       *       *       *       *       *


SEC. 602. DEFINITIONS.

  Except as otherwise provided, in this title:
          (1) Assistive technology device.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

          (10) Highly qualified.--
                  (A) In general.--For any special education 
                teacher, the term ``highly qualified'' [has the 
                meaning given the term in section 9101]means 
                that the teacher is a highly qualified teacher 
                in accordance with subparagraphs (A) and (B) of 
                section 9101(32) of the Elementary and 
                Secondary Education Act of 1965, except that 
                such term also--
                          (i) * * *
                          (ii) includes the option for teachers 
                        to meet the [requirements of section 
                        9101]requirements for a highly 
                        qualified teacher as defined in section 
                        9101(32)(A) of such Act by meeting the 
                        requirements of subparagraph (C) or 
                        (D).

           *       *       *       *       *       *       *

                  (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)]section 1111(a)(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]requirements for a 
                        highly qualified teacher, as defined in 
                        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)]clause (ii) or (iii) of 
                        section 9101(32)(A) 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.--* * *
                          (i) meet the [applicable requirements 
                        of section 9101]applicable requirements 
                        to be a highly qualified teacher as 
                        defined in 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)]section 
                        9101(32)(A)(iii)(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)]section 
                        9101(32)(A)(iii)(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.

           *       *       *       *       *       *       *

                  (F) Definition for purposes of the esea.--A 
                teacher who is highly qualified under this 
                paragraph shall be considered [highly qualified 
                for purposes of]to be a highly qualified 
                teacher for purposes of the Elementary and 
                Secondary Education Act of 1965.

           *       *       *       *       *       *       *

          (18) Limited english proficient.--The term ``limited 
        English proficient'' [has the meaning given the term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965]when used in reference to an individual, 
        means an individual who meets the requirements 
        described in subparagraphs (C) and (D) of section 
        9101(23) of the Elementary and Secondary Education Act 
        of 1965.

           *       *       *       *       *       *       *


SEC. 611. AUTHORIZATION; ALLOTMENT; USE OF FUNDS; AUTHORIZATION OF 
                    APPROPRIATIONS.

  (a) Grants to States.--
          (1) Purpose of grants.--* * *

           *       *       *       *       *       *       *

  (e) State-Level Activities.--
          (1) State administration.--
                  (A) In general.--* * *
          (2) Other state-level activities.--
                  (A) State-level activities.--
                          (i) In general.--* * *

           *       *       *       *       *       *       *

                  (C) Authorized activities.--* * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (x) To support the development and 
                        provision of appropriate accommodations 
                        for children with disabilities, or the 
                        development and provision of alternate 
                        assessments that are valid and reliable 
                        for assessing the performance of 
                        children with disabilities, in 
                        accordance with [sections 1111(b) and 
                        6111]sections 1111 and 1131 of the 
                        Elementary and Secondary Education Act 
                        of 1965.
                          (xi) To provide technical assistance 
                        to schools and local educational 
                        agencies, and direct services[, 
                        including supplemental educational 
                        services as defined in 1116(e) of the 
                        Elementary and Secondary Education Act 
                        of 1965] to children with disabilities, 
                        in schools or local educational 
                        agencies identified for improvement 
                        under section 1116 of the Elementary 
                        and Secondary Education Act of 1965 on 
                        the sole basis of the assessment 
                        results of the disaggregated subgroup 
                        of children with disabilities, 
                        including providing professional 
                        development to special and regular 
                        education teachers, who teach children 
                        with disabilities, based on 
                        scientifically based research to 
                        improve educational instruction, in 
                        order to improve academic achievement 
                        to meet or exceed the objectives 
                        established by the State under [section 
                        1111(b)(2)(G)]section 1111(a)(3)(A)(ii) 
                        of the Elementary and Secondary 
                        Education Act of 1965.

           *       *       *       *       *       *       *


SEC. 612. STATE ELIGIBILITY.

  (a) In General.--* * *
          (1) Free appropriate public education.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

          (15) Performance goals and indicators.--The State--
                  (A) * * *
                          (i) * * *
                          [(ii) are the same as the State's 
                        definition of adequate yearly progress, 
                        including the State's objectives for 
                        progress by children with disabilities, 
                        under section 1111(b)(2)(C) of the 
                        Elementary and Secondary Education Act 
                        of 1965;]
                          [(iii)](ii) * * *
                          [(iv)](iii) * * *
                  (B) has established performance indicators 
                the State will use to assess progress toward 
                achieving the goals described in subparagraph 
                (A)[, including measurable annual objectives 
                for progress by children with disabilities 
                under section 1111(b)(2)(C)(v)(II)(cc) of the 
                Elementary and Secondary Education Act of 
                1965]; and
                  (C) will annually report to the Secretary and 
                the public on the progress of the State, and of 
                children with disabilities in the State, toward 
                meeting the goals established under 
                subparagraph (A), which may include elements of 
                the reports required under [section 
                1111(h)]section 1111(e) of the Elementary and 
                Secondary Education Act of 1965.
          (16) Participation in assessments.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

                  (C) Alternate assessments.--
                          (i) In general.--* * *
                          (ii) Requirements for alternate 
                        assessments.--* * *
                                  (I) * * *
                                  (II) if the State has adopted 
                                alternate academic achievement 
                                standards permitted under the 
                                regulations promulgated to 
                                carry out [section 
                                1111(b)(1)]section 1111(a) of 
                                the Elementary and Secondary 
                                Education Act of 1965, measure 
                                the achievement of children 
                                with disabilities against those 
                                standards.

SEC. 654. USE OF FUNDS.

  (a) Professional Development Activities.--* * *
          (1) * * *
                  (A) * * *
                  (B) use standards or assessments for guiding 
                beginning teachers that are consistent with 
                [challenging State student academic achievement 
                and functional standards and with the 
                requirements for professional development, as 
                defined in section 9101]college and career 
                ready State academic achievement and functional 
                standards and with the requirements for 
                professional development, as defined in section 
                9101 of the Elementary and Secondary Education 
                Act of 1965; and

           *       *       *       *       *       *       *


SEC. 663. TECHNICAL ASSISTANCE, DEMONSTRATION PROJECTS, DISSEMINATION 
                    OF INFORMATION, AND IMPLEMENTATION OF 
                    SCIENTIFICALLY BASED RESEARCH.

  (a) In General.--* * *
  (b) Required Activities.--* * *
          (1) * * *
          (2) improving the alignment, compatibility, and 
        development of valid and reliable assessments and 
        alternate assessments [for assessing adequate yearly 
        progress, as described under section 1111(b)(2)(B)]as 
        described under section 1111(a)(2) of the Elementary 
        and Secondary Education Act of 1965;

           *       *       *       *       *       *       *


CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006

           *       *       *       *       *       *       *


SEC. 3. DEFINITIONS.

  Unless otherwise specified, in this Act:
          (1) Administration.--* * *

           *       *       *       *       *       *       *

          (8) Charter school.--The term ``charter school'' has 
        the meaning given the term in [section 5210]section 
        5411 of the Elementary and Secondary Education Act of 
        1965.

           *       *       *       *       *       *       *


SEC. 8. PROHIBITIONS.

  (a) Local Control.--* * *

           *       *       *       *       *       *       *

  (e) Coherent and Rigorous Content.--For the purposes of this 
Act, coherent and rigorous content shall be determined by the 
State consistent with [section 1111(b)(1)(D)]section 1111(a)(1) 
of the Elementary and Secondary Education Act of 1965.

           *       *       *       *       *       *       *


SEC. 113. ACCOUNTABILITY.

  (a) Purpose.--* * *
  (b) State Performance Measures.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (2) Indicators of performance.--
                  (A) Core indicators of performance for career 
                and technical education students at the 
                secondary level.--* * *
                          (i) Student attainment of 
                        [challenging academic content standards 
                        and student academic achievement 
                        standards, as adopted by a State in 
                        accordance with section 1111(b)(1) of 
                        the Elementary and Secondary Education 
                        Act of 1965 and measured by the State 
                        determined proficient levels on the 
                        academic assessments described in 
                        section 1111(b)(3) of such Act]college 
                        and career ready State academic content 
                        and student academic achievement 
                        standards, as adopted by a State in 
                        accordance with section 1111(a)(1) of 
                        the Elementary and Secondary Education 
                        Act of 1965 and measured by the State-
                        determined proficient levels on the 
                        academic assessments described in 
                        section 1111(a)(2) of such Act.

           *       *       *       *       *       *       *

                          (iv) [Student graduation rates (as 
                        described in section 1111(b)(2)(C)(vi) 
                        of the Elementary and Secondary 
                        Education Act of 1965)]Student 
                        graduation rates (as described under 
                        section 9101 of the Elementary and 
                        Secondary Education Act of 1965).

           *       *       *       *       *       *       *

          (4) Local levels of performance.--
                  (A) Local adjusted levels of performance for 
                core indicators of performance.--
                          (i) In general.--* * *

           *       *       *       *       *       *       *

                  (C) Local report.--
                          (i) Content of report.--* * *
                          (ii) Data.--* * *
                                  (I) disaggregate data for 
                                each of the indicators of 
                                performance under paragraph (2) 
                                for the [categories of students 
                                described in section 
                                1111(h)(1)(C)(i)]categories of 
                                students described in section 
                                1111(a)(2)(B)(ix) of the 
                                Elementary and Secondary 
                                Education Act of 1965 and 
                                section 3(29) that are served 
                                under this Act; and

           *       *       *       *       *       *       *

  (c) Report.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (2) Data.--* * *
                  (A) disaggregate data for each of the 
                indicators of performance under subsection 
                (b)(2) for the [categories of students 
                described in section 
                1111(h)(1)(C)(i)]categories of students 
                described in section 1111(a)(2)(B)(ix) of the 
                Elementary and Secondary Education Act of 1965 
                and section 3(29) that are served under this 
                Act; and

           *       *       *       *       *       *       *


SEC. 114. NATIONAL ACTIVITIES.

  (a) Program Performance Information.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (d) Advisory Panel; Evaluation; Reports.--
          (1) Independent advisory panel.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

          (4) Research.--
                  (A) In general.--* * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) * * *
                                  (I) * * *
                                          (aa) integrating 
                                        those programs with 
                                        [academic content 
                                        standards and student 
                                        academic achievement 
                                        standards, as adopted 
                                        by States under section 
                                        1111(b)(1)]college and 
                                        career ready State 
                                        academic content and 
                                        student academic 
                                        achievement standards, 
                                        as adopted by a State 
                                        in accordance with 
                                        section 1111(a)(1) of 
                                        the Elementary and 
                                        Secondary Education Act 
                                        of 1965; and

           *       *       *       *       *       *       *


SEC. 122. STATE PLAN.

  (a) State Plan.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

  (c) Plan Contents.--The State plan shall include information 
that--
          (1) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (I) how funds will be used to improve or 
                develop new career and technical education 
                courses--
                          (i) at the secondary level that are 
                        aligned with [rigorous and challenging 
                        academic content standards and student 
                        academic achievement standards adopted 
                        by the State under section 
                        1111(b)(1)]college and career ready 
                        State academic content and student 
                        academic achievement standards, as 
                        adopted by a State in accordance with 
                        section 1111(a)(1) of the Elementary 
                        and Secondary Education Act of 1965;

           *       *       *       *       *       *       *


NATIONAL AND COMMUNITY SERVICE ACT OF 1990

           *       *       *       *       *       *       *


SEC. 112. ASSISTANCE TO STATES, TERRITORIES, AND INDIAN TRIBES.

  (a) Allotments to States, Territories, and Indian Tribes.--* 
* *
          (1) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) establishing effective outreach and 
                dissemination of information to ensure the 
                broadest possible participation of schools 
                throughout the State, throughout the territory, 
                or serving the Indian tribe involved with 
                particular [attention to schools not making 
                adequate yearly progress for two or more 
                consecutive years under section 1111 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6301 et seq.)]attention to schools 
                that are identified as achievement gap schools 
                or persistently low-achieving schools under 
                subsection (b) or (c) of section 1116 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6316);

           *       *       *       *       *       *       *


SEC. 119.  INNOVATIVE AND COMMUNITY-BASED SERVICE-LEARNING PROGRAMS AND 
                    RESEARCH.

  (a) Definitions.--* * *
          (1) Eligible entity.--* * *
          (2) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership that--
                  (A) shall include--
                          (i) * * *
                          (ii) a local educational agency for 
                        which--
                                  (I) * * *
                                  (II) [the graduation rate (as 
                                defined in section 
                                1111(b)(2)(C)(vi)]the 
                                graduation rate (as defined 
                                under section 9101(30) of the 
                                Elementary and Secondary 
                                Education Act of 1965 (20 
                                U.S.C. 6311(b)(2)(C)(vi)) and 
                                as clarified in applicable 
                                regulations promulgated by the 
                                Department of Education for the 
                                secondary school students 
                                served by the agency is less 
                                than 70 percent; and

           *       *       *       *       *       *       *


SEC. 120.  STUDY AND REPORT.

  (a) Study.--
          (1) In general.--* * *
          (2) Contents.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) [improved graduation rates, as defined in 
                section 1111(b)(2)(C)(vi)]improved graduation 
                rates, as defined under section 9101 of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311(b)(2)(C)(vi)) and as clarified 
                in applicable regulations promulgated by the 
                Department of Education; and

           *       *       *       *       *       *       *


SEC. 122. NATIONAL SERVICE PROGRAMS ELIGIBLE FOR PROGRAM ASSISTANCE.

  (a) National Service Corps.--* * *
          (1) Education corps.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

                  (C) Education corps indicators.--* * *
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) [secondary school graduation 
                        rates as defined in section 
                        1111(b)(2)(C)(vi)]secondary school 
                        graduation rates as defined under 
                        section 9101 of the Elementary and 
                        Secondary Education Act of 1965 (20 
                        U.S.C. 6311(b)(2)(C)(vi)) and as 
                        clarified in applicable regulations 
                        promulgated by the Department of 
                        Education;

           *       *       *       *       *       *       *

  (i) Requirements for Tutoring Programs.--* * *
          (1) offer a curriculum that is high quality, 
        research-based, and consistent with the State college 
        and career ready academic content standards required by 
        section 1111 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 6311) and the instructional 
        program of the local educational agency; and

           *       *       *       *       *       *       *


                           PUBLIC LAW 110-69

AMERICA COMPETES ACT

           *       *       *       *       *       *       *


SEC. 6112. DEFINITIONS.

  In this part:
          (1) * * *

           *       *       *       *       *       *       *

          (3) * * *
                  (A)(i) * * *

           *       *       *       *       *       *       *

                  (B)(i) for which there is a high percentage 
                of teachers providing instruction in academic 
                subject areas or grade levels for which the 
                teachers are not highly qualified teachers; or
                  (ii) * * *
          [(4) Highly qualified.--The term ``highly qualified'' 
        has the meaning given such term in section 9101 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801) and, with respect to sepcial education 
        teachers, in section 602 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401).]
          (4) Highly qualified teacher.--The term ``highly 
        qualified teacher'' has the meaning given such term in 
        section 9101 of the Elementary and Secondary Education 
        Act of 1965 (20 U.S.C. 7801).

           *       *       *       *       *       *       *


SEC. 6113. PROGRAMS FOR BACCALAUREATE DEGREES IN SCIENCE, TECHNOLOGY, 
                    ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN 
                    LANGUAGES, WITH CONCURRENT TEACHER CERTIFICATION.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Authorized Activities.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (2) Program requirements.--The program shall--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) * * *
                          (i) increasing the percentage of 
                        highly qualified teachers of 
                        mathematics, science, or critical 
                        foreign language[ teachers], including 
                        increasing the percentage of such 
                        teachers teaching in those schools 
                        determined by the partnership to be 
                        most in need;

           *       *       *       *       *       *       *


SEC. 6114. PROGRAMS FOR MASTER'S DEGREES IN SCIENCE, TECHNOLOGY, 
                    ENGINEERING, MATHEMATICS, OR CRITICAL FOREIGN 
                    LANGUAGE EDUCATION.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Application.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (3) how the program will help increase the percentage 
        of highly qualified teachers of mathematics, science or 
        critical foreign language[ teachers], including 
        increasing the percentage of such teachers teaching in 
        schools determined by the partnership to be most in 
        need;

           *       *       *       *       *       *       *


SEC. 6122. DEFINITIONS.

  In this part:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Low-income student.--The term ``low-income 
        student'' [has the meaning given the term ``low-income 
        individual'' in section 1707(3) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 
        6537(3))]means a student who is from a low-income 
        family, as defined in section 9101(34)(B) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801(34)(B)).
          (4) High Concentration of Low-Income STtudents.--The 
        term ``high concentration of low-income students'' [has 
        the meaning given the term in section 1707(2) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6537(2)).], used with respect to a school, means 
        a school that serves a student population 40 percent or 
        more of whom are low-income students.
          (5) High-Need Local Educational Agency.--The term 
        ``high-need local educational agency'' [means a local 
        educational agency or educational service agency 
        described in 6112(3)(A)]means a high-need local 
        educational agency, as defined under section 9101 of 
        the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 7801).

           *       *       *       *       *       *       *


SEC. 6123. ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE PROGRAMS.

  (a) Program Authorized.--* * *

           *       *       *       *       *       *       *

  (j) Collecting and Reporting Requirements.--
          (1) * * *

           *       *       *       *       *       *       *

          (2) Reporting of data.--* * *
                  (A) * * *
                  (B) in the case of student data, 
                disaggregated in the same manner as informatin 
                is [disaggregated under section 
                1111(h)(1)(C)(i)]disaggregated under section 
                1111(a)(2)(B)(ix) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6311(h)(1)(C)(i); and

           *       *       *       *       *       *       *


SEC. 6201. ALIGNMENT OF SECONDARY SCHOOL GRADUATION REQUIREMENTS WITH 
                    THE DEMANDS OF 21ST CENTURY POSTSECONDARY ENDEAVORS 
                    AND SUPPORT FOR P-16 EDUCATION DATA SYSTEMS.

  (a) Purpose.--It is the purpose of this section--
          (1) * * *

           *       *       *       *       *       *       *

  (e) Authorized Activities.--
          (1) Grants for p-16 alignment.--Each State receiving 
        a grant under subsection (c)(1)--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Grants for statewide p-16 Education data 
        systems.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Required elements of a statewide p-16 
                education data system.--The State shall ensure 
                that the statewide P-16 education data system 
                includes the following elements:
                          (i) * * *

           *       *       *       *       *       *       *

                          (ii) Preschool through grade 12 
                        education.--With respect to preschool 
                        through grade 12 education--
                                  (I) yearly test records of 
                                individual students with 
                                respect to [assessments under 
                                section 1111(b)]assessments 
                                under section 1111(a) of the 
                                Elementary and Secondary 
                                Education Act of 1965 (20 
                                U.S.C. 6311(b));

           *       *       *       *       *       *       *


EDUCATION OF THE DEAF ACT OF 1986

           *       *       *       *       *       *       *


SEC. 104. LAURENT CLERC NATIONAL DEAF EDUCATION CENTER.

  (a) General Authority.--* * *

           *       *       *       *       *       *       *

  (b) Administrative Requirements.--(1) The Clerc Center 
shall--
          (A) * * *

           *       *       *       *       *       *       *

  (5) * * *
          (A)(i) select [challenging academic content 
        standards, challenging student academic achievement 
        standards, and academic assessments of a State, adopted 
        and implemented, as appropriate, pursuant to paragraphs 
        (1) and (3) of section 1111(b)]college and career ready 
        State academic content and student academic achievement 
        standards and assessments of a State, adopted and 
        implemented, as appropriate, pursuant to section 
        1111(a) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311(b)(1)and (3)) and approved by 
        the Secretary; and
          (ii) implement such standards and assessments for 
        such programs by not later than the beginning of the 
        2009-2010 academic year; and
          [(B) annually determine whether such programs at the 
        Clerc Center are making adequate yearly progress, as 
        determined according to the definition of adequate 
        yearly progress defined (pursuant to section 
        1111(b)(2)(C) of such Act (20 U.S.C. 6311(b)(2)(C))) by 
        the State that has adopted and implemented the 
        standards and assessments selected under subparagraph 
        (A)(i); and]
          [(C)](B) publicly report the results of the academic 
        assessments implemented under subparagraph (A), except 
        where such reporting would not yield statistically 
        reliable information or would reveal personally 
        identifiable information about an individual student[, 
        and whether the programs at the Clerc Center are making 
        adequate yearly progress, as determined under 
        subparagraph (B)].

           *       *       *       *       *       *       *


EDUCATION SCIENCES REFORM ACT OF 2002

           *       *       *       *       *       *       *


SEC. 153. DUTIES.

  (a) General Duties.--* * *
          (1) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) teaching, including--
                          (i) * * *
                          (ii) [the percentage of teachers who 
                        are highly qualified]the percentage of 
                        teachers who are highly qualified 
                        teachers (as such term is defined in 
                        section 9101 of the Elementary and 
                        Secondary Education Act of 1965 (20 
                        U.S.C. 7801)) in each State and, where 
                        feasible, in each local educational 
                        agency and school;

           *       *       *       *       *       *       *


SEC. 177. DUTIES.

  (a) General Duties.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (5) improve the alignment, compatibility, and 
        development of valid and reliable assessments, 
        including alternate assessments, as required by 
        [section 1111(b)]section 1111(a) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 6311(b));

           *       *       *       *       *       *       *


EDUCATIONAL TECHNICAL ASSISTANCE ACT OF 2002

           *       *       *       *       *       *       *


SEC. 203. COMPREHENSIVE CENTERS.

  (a) Authorization.--
          (1) In general.--* * *
          (2) Regions.--In awarding grants under paragraph (1), 
        the Secretary--
                  (A) * * *
                  (B) after meeting the requirements of 
                subparagraph (A), shall consider, in awarding 
                the remainder of the grants, the school-age 
                population, proportion of economically 
                disadvantaged students, the increased cost 
                burdens of service delivery in areas of sparse 
                population, and the number of [schools 
                identified for school improvement (as described 
                in section 1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6316(b))]schools identified as persistently 
                low-achieving schools (as described in section 
                1116(c)(2) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6316(c)(2))) 
                in the population served by the local entity or 
                consortium of such entities.

           *       *       *       *       *       *       *

  (e) Scope of Work.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          [(3) schools in the region that have been identified 
        for school improvement under section 1116(b) of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6316(b)).]
          (3) schools in the region identified by the State's 
        accountability system under section 1116 of the 
        Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6316).
  (f) Activities.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

                  (B) disseminating and providing information, 
                reports, and publications that are usable for 
                improving academic achievement, closing 
                achievement gaps, and encouraging and 
                sustaining school improvement (as described in 
                section [1116(b) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6316(b))]1116 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6316)), to 
                schools, educators, parents, and policymakers 
                within the region in which the center is 
                located; and

           *       *       *       *       *       *       *


NATIONAL SCIENCE FOUNDATION AUTHORIZATION ACT OF 2002

           *       *       *       *       *       *       *


SEC. 9. MATHEMATICS AND SCIENCE EDUCATION PARTNERSHIPS.

  (a) Program Authorized.--
          (1) In general.--* * *

           *       *       *       *       *       *       *

          (10) Teacher institutes for the 21st century.--
                  (A) In general.--* * *

           *       *       *       *       *       *       *

                          (iii) serve teachers who--
                                  (I) [are considered highly 
                                qualified]are considered highly 
                                qualified teachers (as defined 
                                in section 9101 of the 
                                Elementary and Secondary 
                                Education Act of 1965);

           *       *       *       *       *       *       *

  (b) Selection Process.--
          (1) Application.--* * *

           *       *       *       *       *       *       *

          (3) Awards.--In awarding grants under this section, 
        the Director shall--
                  (A) give priority to applications in which 
                the partnership includes a high-need local 
                educational agency [or a high-need local 
                educational agency in which at least one school 
                does not make adequate yearly progress, as 
                determined pursuant to part A of title I of the 
                Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6311 et seq.)]; and

           *       *       *       *       *       *       *


              RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT

SEC. 9. PROGRAM REQUIREMENTS.

  (a) * * *

           *       *       *       *       *       *       *

  (b) Income eligibility guidelines for free and reduced price 
school lunches; duty of Secretary; time to prescribe; 
relationship to other poverty guidelines; revision; 
publication; application, verification and approval; maximum 
reduced price; nondiscrimination or identification of 
recipients; automatic eligibility for certain programs.--
          (1)(A) * * *

           *       *       *       *       *       *       *

          (5) Discretionary certification.--* * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) a migratory child (as defined in [section 
                1309]section 1312 of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 
                6399)).

           *       *       *       *       *       *       *

          (12)(A) * * *
                  (i) * * *

           *       *       *       *       *       *       *

                  (vi) a migratory child (as defined in 
                [section 1309]section 1312 of the Elementary 
                and Secondary Education Act of 1965 (20 U.S.C. 
                6399)); or

           *       *       *       *       *       *       *

  (d) Social Security Numbers of the Members of the Household 
To Be Furnished for Eligibility for Free or Reduced-price 
Lunches.--
          (1) * * *
          (2) * * *
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) documentation has been provided to the 
                appropriate local educational agency showing 
                the status of the child as a migratory child 
                (as defined in [section 1309]section 1312 of 
                the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 6399));

           *       *       *       *       *       *       *


AMERICA COMPETES REAUTHORIZATION ACT OF 2010

           *       *       *       *       *       *       *


SEC. 553. GRANT PROGRAM.

  (a) In General.--* * *

           *       *       *       *       *       *       *

  (d) Eligibility.--* * *
          (1) * * *

           *       *       *       *       *       *       *

          (6) require that the program complies with State 
        certificationor licensing requirements and [the 
        requirements under section 9101(23) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 
        7801(23)) for highly qualified teachers]the 
        requirements for a highly qualified teacher as defined 
        in section 9101(32);

           *       *       *       *       *       *       *


VIOLENCE AGAINST WOMEN ACT OF 1994

           *       *       *       *       *       *       *


SEC. 41403. DEFINITIONS.

  For purposes of this subtitle--
          (1) * * *

           *       *       *       *       *       *       *

          (6) the terms ``homeless'', ``homeless individual'', 
        and ``homeless person''--
                  (A) * * *
                  (B) includes--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) migratory children (as defined 
                        in [section 1309]section 1312 of the 
                        Elementary and Secondary Education Act 
                        of 1965; 20 U.S.C. 6399) who qualify as 
                        homeless under this section because the 
                        children are living in circumstances 
                        described in this paragraph;

           *       *       *       *       *       *       *


                                  
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