[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 
        t